Monday, January 19, 2009

North Carolina: Intruder fatally shot during struggle with resident: "A Tokay Drive resident fatally shot a man who broke into his house Saturday night, police said Sunday. The names of the resident and the victim were not immediately available. The incident happened about 8:30 p.m. at 593 Tokay Drive, according to a Fayetteville police news release. The resident entered his house and found the intruder inside, the release said. The resident pulled out a pistol he was carrying and began struggling with the intruder, the release said. The gun fired during the struggle, and the intruder ran out of the house, the release said. It was not known how many shots were fired, a police spokesman said Sunday. A short time later, a man with a gunshot wound was brought to Cape Fear Valley Medical Center where he was pronounced dead. The man, believed to be the intruder, apparently called friends for help instead of dialing 911, the police spokesman said. "His friends determined that he needed medical assistance and transported him to Cape Fear Valley Medical Center," the spokesman said.

Colo. D.A. says wife acted in self defense: "16th Judicial District Attorney Rodney Fouracre declined to file charges against Ann Tatum, who in November 2007 shot and killed her husband, Jim Tatum, in their Weston ranch house, following what would be the final bout of domestic violence in a marriage that covered 24 tempestuous years. "Given the knowledge of Mrs. Tatum as to Mr. Tatum's prior violence and the violence he inflicted upon her on Nov. 29, 2007 ... it would not be proper to charge her for killing Mr. Tatum," Fouracre wrote in his final report. According to Fouracre's report, the fight began in the kitchen when Ann Tatum accused Jim of sleeping with Ales Martinez, the estranged wife of John Martinez, a Las Animas County sheriff's deputy who was a houseguest of the Tatums at the time. The yelling escalated to violence. Jim Tatum attacked his wife with his "huge hands," slapping her, grabbing her by the hair, tearing her sweater. Martinez, who was present, testified that he tried to intercede but was pushed aside and hit his head. As he lay dazed, he heard gunfire. One of those guns found its way into Ann's hands. She emptied its bullets into her spouse. Despite being shot multiple times, Jim struggled to his feet and moved toward his gun, which was in a holster. He and Ann Tatum fought for the weapon. More gunfire. The autopsy showed Tatum was shot seven times. It was not the first time he had been shot by his spouse. His first wife, Elizabeth, shot him in 1981 during an altercation in which she claimed he attacked her. A Texas grand jury declined to bring charges against her."

Montana lawmakers mull self-defense bills: "A pair of Democratic lawmakers unveiled identical bills Thursday that aim to clarify what many Montanans may already believe to be the law: that residents don't have to cede an inch before shooting at someone breaking into their homes. The two bills, Senate Bill 92, by Sen. Larry Jent, D-Bozeman, and House Bill 36, sponsored by Rep. Kendall Van Dyk, D-Billings, enshrine what is known as the "castle doctrine." "A man's home is his castle," Jent told lawmakers at Senate Judiciary Committee hearing where his bill got its first public airing. Van Dyk's bill was also the subject of a hearing in the House Judiciary committee. A contingent of county attorneys, sheriffs, representatives for Montana police chiefs and the Montana attorney generals office and Gov. Brian Schweitzer's office spoke at both hearings, with many saying that Montana law already implies that homeowners needn't retreat before firing shots. No one spoke against the bills."

SAN FRANCISCO Housing Authority settles gun lawsuit: "The San Francisco Housing Authority has agreed to allow its residents to own guns in a settlement of a National Rifle Association lawsuit that followed last year's U.S. Supreme Court ruling on the right to bear arms. In papers filed Monday with a federal judge, the Housing Authority agreed not to enforce a provision it added to tenant leases in 2005 prohibiting the possession of guns and ammunition. The ban will now apply only to illegal gun ownership, like possession of a machine gun or possession of a firearm by a convicted felon. The National Rifle Association filed the suit on behalf of an unidentified San Francisco tenant a day after the Supreme Court's June 2008 ruling that declared the Constitution's Second Amendment gave Americans the right to possess guns for self-defense. It was one of a number of suits filed by gun advocates against local firearms restrictions around the nation after the court struck down a Washington, D.C., handgun ban. Tim Larsen, a lawyer for the Housing Authority, said Tuesday that the agency never intended to enforce its 2005 ban against law-abiding gun owners and has never done so, even though the lease provision covered legal as well as illegal weapons."

No comments: