Monday, December 24, 2018

Followup KY: Domestic Defense, Mother-in-Law Justifed in Fatal Shooting of Son-in-Law



A Barren County grand jury declined this week to indict a woman who shot and killed her son-in-law on Nov. 30 at her home along Peters Creek Road.

Mark Adam Bellamy, 29, of Park City was pronounced dead at the scene after authorities found him with a single gunshot wound. His mother-in-law, Tracy Wyatt, shot Bellamy following a family dispute at the residence, according to the Barren County Sheriff's Office.
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AL: Domestic Defense? Man Shot by Woman



About 3 a.m. Wednesday, two different people called 911 to report a shooting in the 100 block of Buddy Williams Road. Murphree was one of the callers, Shaw said. Murphree told dispatchers he had been shot.

Around the same time, a woman now identified as Elyssa Nelson, called 911 from a neighbor’s home to report she “had been held” and had shot a man, Shaw said.
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Sunday, December 23, 2018

The South Dakota Legislature is moving to Repeal Prohibitionon Capitol Carry



The Speaker of the House in South Dakota has sponsored a bill to allow concealed carry in the South Dakota Capitol and any county court house, with an enhanced pistol permit.

It is part of a movement to restore the exercise of the Second Amendment to mainstream status. According to a study done at the Crime Prevention Research Center in 2017, 16 state capitols have arrangements for the legal carry of firearms in the Capitol, generally for those who have a concealed carry permit.  Six states only allow legislators and/or staff to legally carry.

The 16 states are: Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Michigan, Minnesota, New Hampshire, New Mexico, Oregon, Tennessee, Texas, Utah, Washington, and Wisconsin.

The six states that restrict carry to legislators and staff are: Arizona, Georgia, Indiana, Missouri, Nevada, and Virginia


Representative Lee Qualm, the Majority Leader in South Dakota, has filed bill HB1129. A companion bill, SB 77, has been filed in the Senate.

No texts exist for either bill at present.  It is expected they will be very similar, if not identical to the bill vetoed by Governor Daugaard in 2017.

In 2017, HB 1156 was passed 46-20 in the House.  It passed the Senate, but was vetoed by Governor Daugaard. Here are the relevant changes that bill would have enacted. From HB 1156 (2017) :

            (4)    The possession of a concealed pistol in the state capitol, other than in the chambers of the Supreme Court, by a person who was issued an enhanced permit pursuant to § 23-7-53 and who has registered, at least twenty-four hours in advance, with capitol security. The registration is valid for the length of time indicated by the permit holder, not to exceed thirty days, at which time the permit holder may submit a new registration. No fee may be charged for registering to carry;

            (5)    The possession of a concealed pistol in the state capitol by a qualified law enforcement officer or qualified retired law enforcement officer pursuant to the Law Enforcement Officers Safety Act, 18 U.S.C. § 926B and § 926C; or

The effect of the registration is that anybody who has a little forethought and knowledge of the law, and who has an enhanced carry permit, will be able to carry in the Capitol.

It is not clear if the registration with Capitol security has to be done in person at the capitol.  It prevents the ordinary tourist who has not thought ahead, from carrying in the Capitol.

HB 1156 was far from a perfect bill, but it was a step toward restoring the legal exercise of Second Amendment rights.

With a new governor,  Kristi Noem, the bill may have been changed to be less restrictive. The bill sponsor, House Majority leader Lee Qualm has said the bill is similar to HB 1156 from 2017.

Governor elect Noem is expected to be more supportive of the Second Amendment than Governor Daugaard. From tribtown.com:
A spokeswoman for Noem said in a statement that Noem is a strong Second Amendment supporter but won’t commit to legislation until she can review its text. Incoming Lt. Gov. Larry Rhoden voted for the 2017 bill as a state representative.
The bill changes very little, as a practical matter. The South Dakota Capitol does not have metal detectors or security checks at the capitol entrances. If a person carrying a defensive firearm is discreet, no one notices and nothing is done.

Passage of the bill would change the exercise of Second Amendment rights in the capitol from illegal, with slight danger of prosecution, to legal and approved.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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NC: Panhandler Shot after he Attacked armed Citizen

The panhandler had outstanding warrants for probation violations.

WILMINGTON, NC (WECT) - Police say an “aggressive” panhandler was shot in downtown Wilmington after attacking a man Monday night.
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CO: Rancher's Son Shoots loose Dog who was Harrassing their Cows

I believe, in all states, owners are responsible for the actions of their dogs. In all states, farmers and livestock owners are legally allowed to protect their livestock from loose dogs.

Monday night, Demon had gotten out of its yard, slipped under a neighbor’s fence and began harassing the neighbor’s cows. The rancher’s 20-year-old son then shot Demon twice with a rifle.

Ballard said Demon loved to play with their other puppy. He was gentle and curious and had merely escaped from the yard to explore. He says he can’t believe the puppy posed a danger to a cow.
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PA: Retired Marine Disarms Robbery Suspect in Bar



Altoona police said a retired Marine Corps combat veteran disarmed a man trying to rob a bar early Tuesday morning.

According to police, a black man walked into Ajay's Bar on Maple Avenue sometime around 1 a.m and attempted to rob the bar. Police said the retired Marine, who was bartending, was able to disarm the robber while he was handing over money from the cash register.

Police said the two got into a struggle, and one round was fired from the gun. Neither of them were hit by the bullet, but police said they believe the suspect has obvious facial injuries from being hit with the gun.
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FL: Man Shoots Car Thief Suspect



According to detectives, the ordeal began when a man tried stealing a Mercedes G-Wagen from a car wash near the 1200 block of 18th Street, at around 10 a.m., Tuesday.

“We received a 911 call indicating there was a shooting,” Miami Beach Police Officer Ernesto Rodriguez said. “The owner or driver of that vehicle sees him doing that and discharges his firearm at that vehicle.”

The accused car thief then crashed into an Office Depot across the street. A hole in the side of the building remains under repair, Wednesday afternoon.
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TX: Homeowner Shoots, Wounds, Intruder

A homeowner in Fort Worth shot and critically wounded a man who he believes tried to break into his home early Wednesday morning, police say.

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Saturday, December 22, 2018

New Jersey Law Reverses Ban on Tube Fed .22 Rifles




On June 13, 2018, the New Jersey Legislature ratcheted down its already dubious ban on standard capacity magazines of more than 15 rounds. The new infringement banned possession of standard capacity magazines of more than 10 rounds. The law was immediately challenged in court.

On 5 December, 2018, a three judge panel of the Third Circuit ruled the law was Constitutional, because the Second Amendment is a second rate right in the Bill of Rights.

The previous law in New Jersey had banned semi-auto .22 rimfire rifles with tubular magazines that held more than 15 rounds.  It was enacted in 1990.

The 1990 law effectively banned numbers of common .22 rimfire hunting rifles in New Jersey. Those included many Marlin model 60 versions, .22 short versions of the Browning semi-auto, Remington 552 rifles, Remington 550 rifles, and any other .22 rimfire with a tubular magazine that holds more than 15 rounds of .22 ammunition.

The law was not a paper tiger. In 1993, Joseph Pelleteri had one of the Marlin .22 rifles that he had won in a contest at a police department. The magazine held 17 rounds of .22 Long Rifle. He was convicted of illegal possession of an assault weapon. He appealed. The appeals court upheld his conviction.
The Judge presiding over his case refused to even inform the jury that Mr. Pelleteri claimed he never read the owners manual and had no idea that the rifle was subject to the "assault firearms" ban and the appellate division affirmed the decision: "Defendant's failure to inspect the weapon or read the owner's manual to determine whether it fell within the statutory definition was unreasonable as a matter of law. We find no error in the trial judge's refusal to submit the issue to the jury."

In 2018, banning .22 rifles with tubular magazines that held over 10 rounds would turn huge numbers of owners of .22 rifles into felons, overnight. It never bothered the New Jersey legislature before.

Someone with a little bit of knowledge managed to insert a change in the law that makes sense.

Instead of continuing the ban on .22 rimfire semi-autos that can hold 15 rounds or more, they removed the magazine limit for .22 rimfire semi-autos with tubular magazines. Here is the new law. From njleg.state.nj.us (bold added):

(4) A semi-automatic rifle with a fixed magazine capacity exceeding [15] 10 rounds. “ Assault firearm” shall not include a semi-automatic rifle which has an attached tubular device and which is capable of operating only with .22 caliber rimfire ammunition.
(snip)
 y.  "Large capacity ammunition magazine" means a box, drum, tube or other container which is capable of holding more than [15] 10 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. The term shall not include an attached tubular device which is capable of holding only .22 caliber rimfire ammunition.

The law effectively repealed the 1990 ban on numerous .22 sporting rifles.

It is too late for Mr. Pelleteri and others. They won't get back their lost freedom, tens of thousands in legal costs, or their right to keep and bear arms. For 28 years, from 1990 to 2018, gun owners in New Jersey have been victimized by a silly law passed by an ignorant legislature.

The current law is being appealed to the Supreme Court. There is a small chance the court will take the case (grant certiorari).

If they do, there is a good chance they will rule the whole massive infringements of the New Jersey magazine bans as unconstitutional.

That is what should happen. In the last ten years, since the McDonald decision, the Supreme Court has declined to grant review to at least 88 Second Amendment cases, according to the Giffords Law Center to Prevent Gun Violence.  The Court only accepts about 80 cases each year, about one percent of the cases filed for Supreme Court review.

Maybe the Court will grant a writ of certiorari for the New Jersey case. It is not the way to bet.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Followup AL: Shooting of Lyndell Miller ruled Justified



Just hours before he was killed, Miller had posted that he was thankful to see another holiday. Miller posted these words on Facebook at 6:52 p.m.: “I’m just happy I seen another Thanksgiving. I’m thankful for everybody God put in my life and every situation He put me through. All is well.”

Birmingham police Sgt. Johnny Williams on Friday said the Jefferson County District Attorney’s Office ruled the shooting death justifiable and no charges will be filed against the man who shot Miller.
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TX: Man Shoots, Wounds, Suspected Car Theif



At approximately 4:30 a.m. on Saturday, Lubbock Police officers responded to a shots fired call in the 4400 block of 85th Street. Officers were advised that a male came outside to find multiple suspects stealing his vehicle. The vehicle owner then fired multiple shots at his vehicle as the suspect fled the area in the stolen car.
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Friday, December 21, 2018

Shooting of Criminal by Citizen not Reported by Police

Image from Google maps

On 7 December, 2018, at about 7:45 p.m., the owner of the Alibaba's convenience store in Syracuse, New York shot and wounded an armed robber. The robber ended up in the hospital. The story made the news.

A local reporter for syracuse.com, Patrick Lohmann, investigated the story and wrote it up. While doing a followup, Lohmann discovered the store owner had shot another robbery suspect six weeks earlier.

That story did *not* make the news. From syracuse.com:
SYRACUSE, N.Y. -- A tobacco shop owner who shot and badly injured a would-be robber Friday night at his North Side store also shot at and possibly injured a would-be robber six weeks ago at the same shop at the same time of night.

The owner of Alibaba Market on Wolf Street confirmed that he'd been involved in two shootings in as many months during a brief interview at his store on Saturday afternoon.
(snip)
Syracuse police did not announce an arrest in the Oct. 30 case or issue a news release, which is unusual in cases where shots are fired or someone is arrested in a robbery.

Police said there is a record of a "robbery" at the Alibaba Market at 7:25 p.m. on Oct. 30, but the case is "sealed," said spokesman Sgt. Richard Helterline.
When Lohmann asked around the neighborhood to find out what happened, he got this story from two separate sources:
Baker said the owner told him that the robbers later called the police, confessed to the robbery and sought medical attention. One of the robbers had a gunshot wound to the hip, the owner told Baker.

The owner declined to comment on whether he had hit anyone he shot at in the Oct. 30 robbery.

Baker and another neighbor -- who declined to be identified but said he got the same account of the Oct. 30 robbery from the owner -- said police returned the owner's weapon in the days after the failed robbery.

"Good thing he got it back in time," Baker said.
There is a significant gap between the number of defensive gun uses researchers find in surveys, and defensive gun uses recorded by police or in various media.

Numerous surveys show defensive gun uses in the United States of between 500,000 and three million a year.   Only 353 justified homicides were recorded, by citizens other than police, in the FBI Uniform Crime Reports (UCR) for 2017. The UCR shows 429 justified homicides by police in 2017.

Studies of media reports show that justified homicides by non-police are reported in the media at least five times more often than are recorded in the UCR. There are numerous structural reasons for this disparity. The UCR has a very restrictive definition of justified homicide. Recording data in the UCR is voluntary, for starters.

A Washington Post project on police shootings, showed justified homicides by police are reported in the media more than twice as often as are recorded in the UCR.  In 2017, the Washington Post found 987 fatal police shootings; the UCR recorded 429.

Fatal shootings are the most likely to be known, reported, and recorded.  The FBI uniform crime reports miss the vast majority of justified homicides. Justified homicides are the smallest category of defensive gun uses.

Those who claim the survey numbers of defensive gun uses (dgu) are too high, use the lack of official reports to claim defensive gun uses are rare.

This story illustrates the problem with that claim.

The store owner did not want his name in the media.

No one is required to report a dgu to police.

Police are not required to record a dgu in police reports.

Police reports are not required to be released to the media.

The media is not required to publish defensive gun uses.

No one keeps national statistics on defensive gun uses.

Police are not required to report non-crimes to the FBI, the media, or anyone.

There are compelling reasons for people to avoid reporting defensive gun uses.

There are strong incentives for wounded criminals to claim a wound from a defensive gun use was accidental or the result of a criminal attack.

In numerous locations, people do not want to be involved with the police in any way.

Over the years, I have had many people tell me of their personal defensive gun uses.  The vast majority of them occurred with no shots being fired.  The vast majority were credible. Only one of them (with no shots fired) reported the incident to the police.  It was never reported in the local media.

In one case, an older man in his 80's (15 years ago) told me, when I pressed him for specifics, that he had shot and (presumably) killed, two people in separate incidents 50 years earlier. The incidents were not reported to the police. They involved attempted robberies in "bad" parts of cities. The rendition of the events appeared credible. The information was extracted by detailed questioning. It was not volunteered.

My friend Tex (George) Ferguson, the second most decorated U.S. Army veteran of WWII, and a likely CIA operative, told me of shooting and killing three men who attacked him in the early 1970s.

It was in a bad part of a major city, that he was unexpectedly detoured into. It was such a bad area, the police refused to go there when the shooting was reported.

Tex reported the shootings to the local police chief. They were never recorded in the UCR or police records. They were never described in the media. No one ever came forward to press charges. Tex described the incident in detail. He become close friends with the police chief. They maintained correspondence and visited each other over the years.

The point of these anecdotal reminiscences is to illustrate that large numbers of defensive gun uses are never officially recorded, either in police records or in the media.

I find the survey results of a million or more defensive gun uses a year to be credible, because of my personal experience and anecdotal evidence told to me over decades.

It is not scientific, but it credibly explains the vast difference between the strongly repeatable survey results and official and media records.

Large percentages of people in the United States gun culture have had the same experience. They find significant numbers of defensive gun uses to be credible, because they have friends and relatives and neighbors who have told their stories to them. Many millions have their own experiences to relate.

Very few make the news.

Very few are shared outside the gun culture.

Large numbers of people who are not gun owners do not know anyone who owns a gun.  Defensive gun use has been actively suppressed in the major media. Non-gun owners never heard of defensive gun uses, and believed they were mythical.

If a person has actively chosen to be unarmed, they do not wish to hear of defensive gun uses. It upsets their world-view.

Second Amendment supporters have learned to get around the old dominant media, to publish defensive gun uses on the Internet, and to discuss them on talk radio. It is changing public perception, and the debate about reforming gun laws.

I recommend defensive gun uses be reported to the police.  The record will probably not make the news or the UCR. It can protect you if the aggressor decides to accuse you of an attack.

As a practical matter, cameras and recorders everywhere make the idea of walking away from a shooting impractical and legally dangerous, even in a "bad" part of town.

Tell us of your defensive gun use. We all need to know about it.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: Gunfight, Business Owner and Suspect Shot

At 1:43 p.m., police received a call about a shooting at a business on the 5500 block of Bonner Drive, just off Staples Street. Lt. Michael Pena said two masked men entered the business with weapons and the business owner fought back. 
The owner shot at the suspects, hitting one, before being shot twice himself.

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FL: Disarm, Business Owner Shot, Disarms Attacker, Shoots Same



The business owner fought back and wrestled the gun from the customer and shot the customer at least three times, police said.
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Draconian Gun Control Does not Reduce Gun Numbers or Homicide Rates

Craft-made pistols in India


A large number  people who wish to disarm the population start with the premise "If there weren't any guns", as if, with extreme restrictions on owning and using guns, guns will eventually go away.

Under extreme legal restrictions, the number of guns have increased.

I recall a prominent talk show host in southern California, wailing about confiscated guns being sold: "But if that happens, we will never be rid of guns!" he cried, as if his wish were plausible.

Guns are a 700 to 100 year old technology. Guns can and are being made, in homes and small shops around the world, that are beyond state control.

Firearms have had extreme legal restrictions imposed over most of the planet. The United States is exceptional, with the Second Amendment. Most governments allow only small numbers of their people to legally have firearms.

People under those governments actively resist those laws. In spite of a century and a half of stringent restrictions on gun ownership, the number of guns in private hands has risen significantly.

The Small Arms Survey has created the best estimates of the number of small arms in private hands in other countries of the world. The number increased from 650 million in 2006 to 857 million in 2017.

Most people will accept the Small Arms Survey as a legitimate source. They are based in Switzerland, and have, as  their mission:
Our main objective is to reduce the illicit proliferation of small arms and light weapons and their impacts.

To achieve this objective, we generate policy-relevant research and analysis, and provide both resources (publications, podcasts and a wide range of relevant outputs) and services (training and capacity-building).
Small Arms Survey tries to objectively gather data, although their mission has an inherent bias toward disarmament.

My estimate for firearms in civilian hands in the United States in 2017, was 418 million. The Small Arms Survey estimate was 393 million.  A six percent difference is close agreement in these hard to know numbers.

Severe gun restrictions were implemented in India, under the British Raj. It happened very quickly after the mutiny/insurrection in 1857. The law was codified into statute in 1877. There have been 160 years of strict controls on the ownership of firearms in India.

What country that has the most firearms in civilian hands after the United States? According to the Small Arms Survey, it is India. Only 13.6 percent of those guns are legally owned.

Citizens of India are said to have 71.1 million firearms in private hands, with 9.7 million of them being registered, and thus legal.

A Small Arms Survey paper reported that in India,  2.5 million illegal craft-made guns are manufactured annually. 53,272 were reported to have been confiscated in 2014. The quality of craft-made Indian guns has been improving from simple single shots to semi-automatic handguns.

This is not surprising. The education of Indian citizens is improving, as is access to electricity and machine tools.

The Small Arms Survey estimates only 12 percent of firearms owned by civilians in the world are registered.

The next largest number of privately held firearms is in China, at nearly 50 million!  Only 1.4 percent of those are registered. Education and industrialization in China have been increasing. The Small Arms Survey reports that craftsmen in the Songtao Miao Autonomous County in Guizhou province make black market semi-automatic pistols for about $45 each. In the coastal cities, they sell for about $1500.

Only small numbers of guns are needed for criminals to use them in crime. Violent criminals are a tiny minority in all cultures.

Brazil has very strict gun control laws.

According to the Small Arms Survey, Brazil has 8.29 total firearms per 100 people. Of those, illegal firearms are over half, 4.52 per 100. China has 3.53 illegal firearms per 100 people. India has 4.58 illegal firearms per 100 people.

The United States has more than 120 firearms per 100 people. It is hard to say how many illegal firearms are in the United States. Few firearms are illegal in the U.S.A. Very few firearms in the United States are registered or required to be registered.

Brazil has roughly as many illegal firearms per person as India or China. The United States has a private firearm ownership rate, per 100 people, 14 times the rate of both legal and illegal firearms ownership in Brazil.

Ten percent of the murders committed, in the world, are committed in Brazil.  The vast majority of them are committed with illegally owned firearms. There were four times as many murders in Brazil as in the United States, in 2017. Brazil's population is smaller.

The comparison of firearms ownership in India, China, the United States, and Brazil is illustrative of two things.

First, the number of legally owned firearms has little to do with the number of illegally owned firearms.

The United States has about a hundred times as many legally owned as illegally owned firearms. Brazil has roughly the same number of legally owned as illegally owned firearms.  India has about six times as many illegally owned as legally owned, and China has about 74 times as many illegally owned firearms as legally owned.

Second, the number of firearms per person has no correlation with the number of homicides.

Brazil, India, and China all have roughly the same number of illegally owned firearms per 100 people.  The homicide rates vary from six times the rate of the U.S. (Brazil) to 2/3 the rate of the U.S. (India) to one eighth the rate of the U.S. (China).

These numbers verify the research of John Lott, which shows there is no correlation between homicide numbers and the number of guns owned per 100 people. Lott's study compares all the countries in the world he could obtain data from. (from 2014)

Consider the first point: there is no correlation of the number of legally owned guns to the number of illegally owned guns. This alone shows that legal restrictions on guns does not reduce the number of illegally owned guns.

Making guns hard to legally own and use does not reduce the homicide rate. It does not reduce the number of guns owned illegally.

The hard evidence, from 160 years of highly restrictive gun control laws, is they do not affect the murder rate or the number or rate of illegally owned guns. Governments have not been able to confiscate illegally owned guns faster than people are able to make, buy, steal or smuggle guns to add to the illegal stockpile.

The idea that gun control works by limiting the number of guns, and thus reducing crime is false. Demonstrably false.

The studies that purport to show a correlation, suffer from various forms of statistical sleight of hand. They limit their study scope to short time periods and/or geographic areas. They limit the homicides counted to those committed with guns. They create artificial definitions of "developed nations" to cherry pick what numbers to look at.

Making guns hard to legally own, at the whim of a government, is a form of virtue signaling. It sends the message: Guns are bad.

It has nothing to do with crime or the homicide rate. It has nothing to do with the numbers of illegally owned guns. The theory that restricting legal gun ownership reduces crime rates is false.

Well governed societies have low crime rates. Some have few restrictions on gun ownership, some are very restrictive. It does not change crime rates.

There may be a few hundred thousand or a hundred million legal gun owners. It does not matter. There is no correlation between legally owned guns and homicides or crime.

The similarities of the number of illegally owned guns in Brazil, India, and China, and the enormous differences in homicide rates, from 30.9 in Brazil, to .63 in China (per 100,000) shows that illegal gun ownership is inconsequential compared to cultural, political, and other factors.

Gun control is not about homicides or safety. It is about telling you what the ruling establishment want you to think.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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MI: Knife Beats Gun in Mortal Combat



Detective Sgt. Robert Moody said the seller and Trent met at Magnolia and Anthony Streets around 8 p.m. Monday. At one point Trent pulled out a handgun and struck the seller over the head. The seller then pulled out a knife and stabbed Trent. The Dearborn Heights man then remained at the scene and called 911. Moody said it appears Trent never intended to purchase the video game console and the seller claimed he stabbed Trent in self-defense.

“It sounds like it turned into a robbery,” Moody said. “There was some bickering over the money.”

The gaming system was advertised through Letgo, an online sales website. The men involved in the confrontation never knew each other, Moody said.

The seller arrived at the scene with his 19-year-old girlfriend, who remained in the car during the entire incident.

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Thursday, December 20, 2018

Followup CO: No Charges for man who Accidentally Shot Wife



“Charging… is not the right or just outcome”, wrote Bechtel, ”Therefore charges will not be filed in this case.”

The heavily-redacted letter does not reveal the name of the man or his wife, who fully recovered from the shooting and “has no lingering effects from this incident.”
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IN: Fatal Shooting likely Self Defense



Before cops arrived, a neighbor ran over to help. He didn't want his name used, but said the suspected gunman told him he had no other choice but to shoot.

Chuckie Bauman ran over, too. He knows the victim and he's a friend of the gunman. They talked.

"He was, like, 'He reached for it.' The kid was known to carry a gun'," Bauman said. "He's got a gun on him right now."
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Followup FL: Domestic Defense, James Greenwood Found not Guilty of 2014 Fatal Shooting of Stepfather




James Greenwood was charged with the first-degree murder of his stepfather Al Jones in 2014.

Greenwood testified that he shot Jones in self-defense. He told the jury Jones had a long history of violence and anger.
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TX: Gun Beats Rock and Multiple Attackers



The driver told police the five men got out of their vehicle and threw a rock through his car window, striking him in the head.

Police investigators said the driver, who has his concealed handgun license, got out of his car and began shooting at the men, who fled on foot. None of the bullets reportedly struck the men as they fled.
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