Wednesday, December 23, 2009

Kansas Homeowner Shoots Man Trying to Break Into Pickup: "Wichita police are trying to determine if a shooting late Monday was in self-defense. It happened in the 1300 block of N. Emporia at around 10:30 Monday. A man told police he heard a crash outside. He got his handgun and went outside, where he found a 47-year-old man trying to break into his pickup. Police say the suspect then stumbled toward the homeowner. The homeowner shot the man once in the hip and called 911. Investigators interviewed the homeowner at city hall after the incident, and he was later released. Police say the case will be turned over to the district attorney in the next few days. The DA will determine if charges are warranted. The victim was taken to the hospital in critical condition."

CO: Acquittal makes shooting defendant's day: "Police and prosecutors did not think the “Make My Day” law gave a Colorado Springs man the right to shoot and wound a neighbor who smashed the man’s window with a beer bottle. But an El Paso County jury decided otherwise last week. As a result, Timothy Allen Barfoot is a free man. The verdict capped a nine-day trial in which public defenders representing Barfoot mounted a self-defense case based upon the 1985 “Make My Day” law that allows deadly force against someone who breaks into a home. According to the arrest affidavit, Barfoot told investigators that the incident started when he heard a man and woman arguing outside his apartment. About two minutes later, he heard pounding on the door of the next-door apartment and man shouting, “Let me in the (expletive) apartment.” Then he heard glass shattering next door. Barfoot said he looked outside and saw Manuel wrestling on the ground with a woman later identified as Manuel’s mother. Barfoot told police he yelled at Manuel who then started stumbling toward him. He said Manuel threw a beer bottle that shattered Barfoot’s window. After getting his Beretta .380-caliber handgun, Barfoot said he showed the weapon to Manuel, who he said continued to advance toward the window. Barfoot said he fired until the gun was empty and then called police."

Tennessee: Homeowner kills burglar; second suspect charged: "A homeowner fatally shot a 19-year-old Rockwood man during a burglary, and authorities have charged an alleged accomplice in the break-in. Michael S. Johnson died at the Roane Medical Center of injuries sustained about 7:55 p.m. Sunday after he entered through a window of the home at 419 Old Valley Road, according to a report filed by Roane County Sheriff’s Office Detective Greg Scalf. Authorities arrested Preston D. Harvest, also 19, of Harriman and charged him with attempted aggravated burglary and vandalism. He was being held today in jail in lieu of $52,000 bond. According to Scalf’s report, the homeowner alerted authorities that someone had broken into his home and he believed he shot the intruder. Responding officers located Johnson and Harvest, but the report did not state where they were found. “Mr. Harvest admitted to RCSO deputies at the scene that he and the shooting victim had planned on burglarizing the resident’s home earlier that day, and added that later they had come back to the home and had attempted to force the homeowner’s front door open,” Scalf wrote in the report. Harvest said he waited outside as Johnson entered the home through a window. A few moments later Harvest said he heard gunfire. Scalf said crime scene investigators determined there was physical evidence confirming the homeowner’s version of what occurred and that Johnson was shot inside the home."

TN: State appeals guns-in-restaurants ruling: "The state attorney general’s office is appealing a recent court ruling that overturned a law allowing licensed handgun owners to take their weapons into restaurants that serve alcohol. Attorney General Robert E. Cooper’s office filed notice to the Tennessee Court of Appeals today. Davidson County Chancellor Claudia Bonnyman ruled on Nov. 20 that the law, passed by the General Assembly last spring over Gov. Phil Bredesen’s veto, was unconstitutionally vague. The law, which was in effect for about four months, allowed handgun carry permit holders to take their guns into restaurants and bars that served alcohol as long as they didn’t drink and the establishments’ owners didn’t post signs prohibiting them.”

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