Thursday, September 06, 2007

Utah shooting case ordered to trial: "Authorities have determined Danny Dutton acted in self-defense when he shot and killed a violent intruder at his Hurricane apartment earlier this year. But in a case of legal Catch-22, Dutton has been ordered to stand trial for possessing the gun he used to kill Aaron Rondan Barbosa during a March 24 break-in. Because of a 2004 felony conviction for cultivating marijuana, Dutton - a nephew of Hurricane Mayor Tom Hirschi - is prohibited from possessing firearms. After a June preliminary hearing, defense attorney Gary Pendleton filed a motion to dismiss the charge, citing case law recognizing that even a convicted felon may be entitled to use a gun in a life-or-death situation. Deputy Washington County Attorney Eric Gentry countered that the motion was premature and that prosecutors are not required at this stage to negate Dutton's claim of self-defense. The shooting episode began when Barbosa and another man knocked on the door of the apartment Dutton, 22, shares with a male roommate. When Dutton answered the door, Barbosa entered and began beating Dutton with a metal pipe, breaking Dutton's arm, according to court documents. Dutton shouted at the intruders that they had "the wrong man," but Barbosa continued beating Dutton, who retreated to the kitchen, grabbed a .357-caliber handgun and shot Barbosa. The other man, Juan Gonzalez, fled in a vehicle driven by Lucinda Ann Corral, but later confirmed Dutton's version of events."

California: Retired Officer Shoots Man Who Tried To Rob Him: "A retired police officer carrying a handgun shot and wounded an armed man who apparently attempted to rob him in a residential North County neighborhood Wednesday, authorities said. Responding to a report of a gunshot victim, officers found a wounded man in the parking lot of a Circle K convenience store in the 1000 block of West El Norte Parkway about 1:50 a.m., according to the Escondido Police Department. About the same time, another man reported that he had just shot a man who tried to hold him up at gunpoint near Country Club Lane and Capistrano Glen -- less than two miles from where the shooting victim was found, Lt. Bob Benton said. The description of the would-be robber matched that of the man found wounded in the parking lot, Benton said. Investigators found that after getting shot, the injured man ran toward El Norte Parkway and into a nearby complex, where he asked a resident to call for help, Benton said. The gunshot victim was taken to Palomar Medical Center, Benton said. His condition was not reported. The retired police officer was not hurt."

South Carolina: Pastor Shoots and Kills Burglar: "Though he was slashed several times, a retired pastor who lives in Greenville County managed to shoot and kill an intruder Tuesday night, deputies said. Deputies said they were called to the home on Lake Shore Drive, just down the road from the Donaldson Center Airport, at about 11:30 p.m. The homeowners, 70-year-old William Willis and his wife Judith, were at the home when they arrived. They said Judith Willis was sitting on the side porch in her nightgown, her arms covered in blood. Investigators said Judith Willis told them that she woke her husband after she heard a noise in another room. William Willis grabbed a gun that he kept in the bedroom and went to investigate. Willis said he confronted a man that was in another room. Deputies said Willis was cut several times during the scuffle, the most serious wound to his arm. Deputies said Willis shot the intruder several times. He later died at the scene. Investigators said that Willis was taken to Greenville Memorial Hospital. As of noon time, he was reported to be in good condition."

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