MI: Armed Victim Shoots Carjacking Suspect

DETROIT - The intended target of a carjacking fatally shot one of the attackers on Detriot's west side, police said.

The carjacking happened around 10:30 a.m. Thursday on Snowden Street near Seven Mile Road and Schaefer Highway.
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CA: Aggressive Youtube Video Person Shot by School Guard

As bystanders gather around amidst the commotion, the guard can be heard repeatedly claiming Perez was trying to “break inside” the synagogue. Perez later told local news station KCAL the guard was “super-aggressive” while she was “just taking shots” of the synagogue.

Perez has identified herself as a First Amendment auditor—a YouTube genre in which participants show up at places like post offices or power plants, start filming and capture the police reaction on tape.
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GA: Domestic Defense, Woman Shoots Boyfriend Attacking Son

EVANS, Ga. (WRDW/WAGT) -- A 42-year-old man is dead after deputies say his girlfriend was protecting herself and her teen son.

Billy Rogers was shot in the chest in a home on the 900 block of Hunting Horn Way around 2 a.m. That's in Columbia County's Bridlewood subdivision.
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Mass Murderer in Aurora Illinois was Prohibited Possessor

The Aurora murderer at the Henry Pratt Co. valve manufacturing plant in Illinois was a prohibited possessor of firearms. He had been convicted of aggravated assault in Mississippi in 1995, for stabbing a woman. He was about 22 years old at the time.

Characters are pretty well formed by the time you are 22. The murderer had been arrested six times in Aurora for traffic and domestic battery incidents, the last in 2008. He was arrested in 2017, in Oswego, Illinois, for disorderly conduct and property damage.  No convictions were listed during this period.

He originally passed a background check in 2014, when he purchased a Smith & Wesson .40 caliber handgun.  A few months later, a second background check, when he applied for a Concealed Carry Permit, showed the earlier felony conviction.

 ©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Final Report: Was Bear Spray Effective in the Mark Uptain Grizzly Fatality?

The Wyoming Game and Fish Department (WGF) has released a final report on the grizzly bear attack that killed hunting guide Mark Uptain and injured his client, Corey Chubon.

The report confirms previous information that the Glock pistol was found without a round in the chamber, and separated from its magazine. The magazine was fully loaded with 15 rounds of  F C flat nosed full metal jacketed rounds. The pistol had not been fired.

At some time during the attack, bear spray was used by Mark Uptain. The bear spray can was emptied. The grizzly sow was reported to have a strong odor of bear spray about her head.

Below is a hand sketch of the relationship of various items found at the scene by the investigators.





The weather was warm enough to compel Uptain to take off his shirt. Unfortunately, Mark Uptain also took off his holstered Glock 10mm.

The Glock pistol, in a shoulder holster, had been placed with the packs, about 5-10 yards from the elk carcass.

He placed it too far from him to be accessed before the sow reached him. By doing that, he negated one of the greatest advantages of pistols for defensive use. The advantage is having a gun on your person when you need it. Holstered pistols free up both hands to do other things.

To sum up the events: The guide, Mark Uptain, and his client, Corey Chubon, were processing the bull elk they had recovered. The elk carcass had not been molested by any predators. They were nearly finished when the bears attacked, from down hill and downwind.

The sow, about 250 lbs, attacked Uptain at the elk carcass. Corey Chubon ran to the packs and drew the pistol from the holster. At first, he did not fire for fear of hitting Uptain. Then the sow turned her attention to him.

Being unfamiliar with the Glock, he was unable to make it fire, because the pistol did not have a round chambered. While attempting to fire the pistol, he ejected the loaded magazine on the ground.

This has been known to happen when people unfamiliar with a pistol's controls are desperately attempting to make it fire in a life or death scenario. People try every control they can find, trying to make the pistol work.

When the bear started to maul Chubon, he attempted to throw the pistol to Mark Uptain. The bear then left Chubon and re-attacked Uptain. Chubon fled for help.

Chubon had bear spray, but it had been placed in one of the packs, making it inaccessible during the attack.

A rescue helicopter picked up Chubon about two and a half hours after the attack. The helicopter was being used on a fire,and had to be called back for the rescue. The report concluded that Mark Uptain had died about the time that Chubon called for rescue, two hours before rescuers reached Chubon.

The report states the use of bear spray likely halted the attack. Writers for other publications conclude this shows bear spray was effective in this incident.

Bear attack expert and author Dave Smith questions that assessment.  From correspondence with Dave Smith:

2. The bear spray spin. Uptain did not have time to use bear spray before the bear initially attacked and injured him. Is that a bear spray success, or a bear spray failure?The 2nd time the bear attacked, Uptain sprayed the bear but was killed. Is that a bear spray success or a bear spray failure? 

The WyoFile article begins by stating, " Evidence suggests bear spray stopped a grizzly bear attack after it mortally wounded hunting guide Mark Uptain." According to the WGF report, “Evidence suggests that when Uptain deployed the bear spray, it stopped the aggression, giving him time to escape, however, this appears to be after the fatal injuries were inflicted.” 

It is hard to see this event as successful use of bear spray. Bear spray was used, but the user was killed. The bear stopped attacking at some point, and Mark Uptain, fatally wounded, was able to move about 50 yards from the elk carcass before he died. The empty bear spray canister was found near his body.

There are several incidents where bear spray initially deterred a bear, which later returned to continue the attack. There are numerous incidents where bears left mauled victims, without being sprayed, then returned later.

By all accounts Mark Uptain was an outstanding man, hunter and guide. He will be missed.

Many people have suggested that while dressing game in grizzly country, one person should stay alert and guard, while other member(s) of the party dress the game.

Dave Smith added this useful tip: The person on guard should be on the downwind side of the  location. Bears almost always approach from downwind, as they did in this case. From Dave Smith:

"Given that it took Uptain and his client 2-3 hours to field dress the elk, it would have been wise for Uptain to have the hunter standing guard on red alert with bear spray in hand. Wind was broadcasting the scent of elk blood & guts; thus, the hunter should have been downwind from Uptain and the carcass. It's 100% predictable that the bears would approach from downwind. But the hunter was only 3 to 4 yards away from Uptain, unarmed. The hunter did not have Uptain's Glock in hand. The hunter did not know how to use Uptain's Glock. The hunter did not have bear spray in hand. Bottom line? Uptain and the hunter were not prepared for a worse case scenario. It's a bit surprising the bears charged the hunters, but it's no surprise the bears showed up. Does WGF offer hunters and/or guides any meaningful guidance on how to handle this field dressing an elk in grizzly country situation?"

This is a sad case. It appears to be an example of bear spray failure, rather than a bear spray success story.

If the 10mm Glock had been in the hands of someone who knew how to use it,  both men would probably have survived.

It is likely only one bear would have been killed.


©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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AZ: 911 Call of Woman who Shot Through Door, Killed Drunken Neighbor

LITCHFIELD PARK, Ariz. (FOX 10) -- Audio files from a 911 call made by a frightened Valley woman, moments after she shot and killed an intruder who was trying to break into her home, have been released.

Officials with the Maricopa County Sherriff's Office say the suspect was actually the woman's neighbor, who went to the wrong home and was drunk at the time of the incident.

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GA: Armed Woman Stops Home Invader from Entering

“The homeowner was armed, and advised the suspect not enter the house,” the Jackson County Sheriff’s Office said in a press release. However, the woman heard glass breaking from the upper level of the house and fired two shots in the direction of the man the sheriff’s office added.

Deputies arrived and arrested the accused burglar, identified as 20-year-old Hans E. Rogers. The Cobb County resident was charged with home invasion and burglary. He was booked into the Jackson County Jail and remains held without bond. No one was injured during the incident, the sheriff’s office said.
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LA: Gunfight, Home Invader Shot, Killed, Homeowner Wounded

Two men were suffering from gunshot wounds when police arrived. Deputies believe a shootout occurred between the alleged intruder and the homeowner. The alleged intruder later died. He has been identified as 20-year-old Major Payton, of Baker.

The homeowner, a 60-year-old man, was transported to a local hospital for treatment.
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ID: Woman Holds Mountain Lion While Husband Shoots It

Yearling Mountain Lion

On January 30th, 2019 a woman thought she was stopping a dog fight. She ended up holding a 35 pound juvenile mountain lion instead. From idaho.gov:

Early on the morning of Jan. 30 a woman responded to what she thought was a fight between her dog and another dog outside of her Mackay home. As she pulled the two animals apart, she realized that in one hand she held a juvenile, male mountain lion about 35 pounds, and not another dog as she expected.

The woman restrained both her dog and the mountain lion while yelling for her husband, who was still inside the house, to grab a gun. Her husband responded and quickly dispatched the mountain lion as she held on to it.

On February 4, 2019 in Larimer County, Colorado, a man was able to fight off a mountain lion attack and kill the lion with his bare hands.

During the last 30 years, we have been actively protecting large predators, including bears, wolves, and mountain lions. Their populations and habitat are increasing.

As these large predators increase in population and habitat area, there have been increasing conflicts with humans.

The suggested response, from the Idaho Government, on encountering a mountain lion, is this. From idaho.gov:

Tips for people who might encounter a mountain lion

• Do not run.
• If you are with children, pick them up without bending over.
• Do not turn your back on the lion, crouch down, or try to hide.
• Remain facing the lion and slowly back away. Leave the animal an escape route.
• Try to appear as large as possible — stand on a rock or stump, hold up your arms, stand next to others.
• Shout, wave your arms, and throw objects if the lion does not leave the area.
• Fight back if a mountain lion attacks. Stay on your feet and use sticks, rocks, backpack, hands to fight back. Use bear spray if you have it.
• Never approach a mountain lion or offer it food.

There are some obvious things missing from the above list. Weapons. Guns and knives. Bear spray is a weapon of sorts, but guns have proven to be effective against lions for hundreds of years. A 12 year old girl used a gun to kill a mountain lion that was stalking her in 2014. Knives have been used to defend against lion attacks, and are better than bare hands. 

Idaho is a Constitutional Carry state. No permit is required to carry a firearm in Idaho, in nearly every place where you might encounter a large predator. No permit is required to carry a knife. Knives and guns are useful for many more things than attacking mountain lions.

Why doesn't the Idaho government include the obvious choice of guns and knives in its list of ways to fight back against a mountain lion attack?

Has the Idaho government been infected with political correctness?

Are they afraid of some nebulous liability from the offer of commonsense advice that weapons are effective in stopping animal attacks?

Is the Idaho government more concerned with saving large predators than with saving people?

The nature of these questions make it nearly impossible for a government bureaucrat to answer truthfully and directly.

The woman who found herself with a 35 pound mountain lion in her hands understood that it was much safer to shoot the lion than to try to strangle it with her hands.

Mountain lion attacks are rare, but the number is increasing with increasing mountain lion populations.  Two people were killed by mountain lions in 2018.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: Armed Homeowner Shoots, Wounds Car Burglar, Stops Crime Spree

The homeowner then tried to hold the man at gunpoint as he tried to leave, when he shot the suspect in the head.

The man was taken to Ben Taub Hospital. He is expected to survive.

Deputies told ABC13 the suspect was breaking into multiple vehicles and had property belonging to the homeowner inside his vehicle.

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TN: Permit Holder Stops Domestic Violence Threat in Dentist Office, Shoots, Kills Suspect

One person is dead following a domestic violence situation while a "citizen" is being hailed as a hero for shooting the suspect inside a Kingsport dentist office, Sheriff Jeff Cassidy told WCYB.
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AR: Property Owner Holds Escaped Juvenile at Gunpoint

A Juvenile Center official contacted the Sheriff's Office 40 minutes later to report that the jubenile had been located by a Spur Lake-area property owner.

"It was also related to this office that the property owner had the juvenile at gunpoint," Capt. Philip Pevehouse stated in the news release.
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FL: Two Men Allegedly Held Mother At Gunpoint: Son Kills Both

Suspects who allegedly entered a Brevard County, Florida, home Thursday and pointed a gun at woman’s head were shot dead by the woman’s son.



News 6 reported that 20-year-old Alvin Smalls and 18-year-old Amir Rashad Lynn allegedly broke into the home at a time when the mother’s son was in the house asleep. The son awoke to strange sounds, only to discover the suspects allegedly had his mother at gunpoint.

The son shot the suspects. Smalls died in the home and Lynn fled, only to die later at a hospital.

The son called 911 after shooting the suspects:

WESH 2 reported that the Brevard County Sheriff’s Office believed the shooting was an issue of self-defense. Brevard County Sheriff’s spokesman Tod Goodyear said, “Right now it appears it is a case of them defending themselves in the home.”

https://viralbuzz247.com/two-men-allegedly-held-mother-at-gunpoint-son-kills-both-video/

No-Knock Houston Raid Inventory Raises Questons after 2 Killed, 4 Wounded

The Houston Police Department has released the inventory of items seized during the execution of the no-knock raid where 59-year-old Dennis Tuttle and his wife, 58-year-old Rhogena Nicholas were shot and killed. The raid occurred on January 28, 2019.

The married couple of 20 years died in a gun battle with police where four officers were wounded and one was injured while taking cover.

The couple had no criminal records. They had occupied the house for 20 years. Rhogena was as supporter of President Trump. Dennis was a Navy veteran.

The gun battle started when the police broke down their door and shot their dog. The wife, Rhogena, was unarmed when killed. Police claim she was going for a shotgun held by a wounded officer.

There were no body cameras worn on the raid. Neighbor's surveillance video was taken by the police.

The guns listed are unremarkable in every way. They are:

A 12 gauge model 1100 semi-automatic shotgun, commonly used for target shooting, hunting, and home defense.

A Winchester 190 semi-automatic .22 rimfire, a popular and inexpensive hunting and plinking gun. They are no longer manufactured.

A Remington 700 bolt action rifle chambered in 7mm magnum, a popular hunting rifle and cartridge.

A 20 gauge shotgun is listed as a "Beretta ALS". I have not found a Beretta of that model, but CZ makes an ALS model that looks a lot like the Beretta semi-automatics.  ALS is sometimes used as an abbreviation for Auto Loading Shotgun.  Here is the inventory document released from the Houston Police Department:

Missing from the inventory of guns is the .357 revolver that Dennis Tuttle was supposed to be using in his gunfight with the officers who broke into his house, and killed his dog and wife.

Wounding four officers with a .357 revolver would be exceptional gunfighting.  Some shooters can do it. Dennis Tuttle was an Air Force veteran, and, it seems likely, a hunter.

Given the lack of a revolver from the inventory, my suspicion is he used a shotgun to defend his home. That, and the use of buckshot or birdshot would explain the four wounded officers.

Also missing is any 9mm pistol, the possession of which was used in the warrant to justify the no-knock raid.

Apologists for the raid have said the informant could have mis-identified the .357 for a 9mm. That could be, but there is no pistol or revolver to be found on the inventory list.   Here is a link to the warrant from ABC13.

The drugs that were reported to be found at the home are not the quantity associated with drug dealing.  A local attorney noted that no drug paraphernalia was listed on the inventory.  From abc13.com:

"There's nothing identified in search warrant return as scales or baggies, or anything that would be used to distribute heroin or any other drugs for that matter," Zuniga said.

As for the gram of cocaine and 18 grams of marijuana found, Zuniga said, "It's not the amount of drugs that would be associated with distribution. I think in this case the officer probably relied on an unreliable informant."

 No-knock raids are inherently dangerous for the suspects and the officers involved. They eliminate one of the primary reasons for search warrants, which is to assure the suspects the search is legally allowed, and the suspects will have access to the courts.

To accomplish that purpose, the warrant has to be presented to the suspects, and they have to be allowed to read it.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Followup TX: Blanca Salazar Found Not Guilty of Murder in Slaying of Husband in 2014

ECTOR COUNTY -- A Gardendale woman who was charged with killing her husband back in 2014, was found not guilty by an Ector County jury Thursday.

That's according to Ector County District Attorney Bobby Bland.

Blanca Salazar was charged in the murder of Israel Dominguez Salazar on October 25, 2014, at the couple’s residence.
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NC: Home Invasion Gunfight, Resident Wounded Violent Career Criminal Killed

 According to the residents, three unknown suspects forced their way into the home and shot the victim. One of the residents shot back at the suspects and the suspects fled the scene. Officers located 40-year-old Ryan Allen of Goldsboro in a wooded area near the scene. Allen suffered a gunshot wound to the pelvic area of his body. He was identified as a suspect in the burglary and assault. Allen was transported to Vidant Hospital in Greenville where he died during surgery. 

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SC: Domestic Defense, Armed Homeowner Shoots, Wounds Man Who Kicked Open Door

A Belton homeowner shot and injured a man late Monday night when he kicked open the door to the man's residence, deputies said.

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MO: Belligerant Drunk Attacks Driver, gets Shot

As is often the case in these matters, the security guards won the argument. The man was sent on his way and began walking down Clark Avenue toward South Broadway. Apparently still riled up, he began arguing with the driver of a passing car before chasing the vehicle down and (allegedly) punching its driver multiple times in the face.

To put things mildly, that turned out to be a really bad idea. The driver, a 36-year-old man, quickly pulled a gun and shot his attacker in the chest, police say.
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CA: Armed Husband Holds Intruder at Gunpoint, for Police

"You could see the door buckling, then everything, the wood and everything just flew out," Jim said. "He just stood there, and so I just held my gun and waited for the police to get there."

According to Arcata police chief Brian Ahearn, the suspect was arrested and taken to a hospital where he was treated for cold exposure. Chief Ahearn suspects the man was trying to find a place to get warm.
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Details: Raid involved in Milwaukee Police Death was No-Knock, Suspect Fired as Door was Broken

Some facts are now available about the Milwaukee Police raid that resulted in the death of Police Officer Rittner. The raid occured on February 6th, about 9:12 a.m., on the 2900 block of South 12th Street.  Several officers were wearing body cameras. The raid made use of a no-knock warrant.

 The suspect, Jordan Fricke, has been charged with first degree intentional homicide (940.01(1)(a), first degree recklessly endangering safety (941.30(1) , and maintaining a drug trafficing place 961.42(1).

Jordan Fricke did not have any past criminal record. He had some past traffic violations, the last of which was in 2014. According to jsonline.com, friends of Fricke claimed he had an active concealed carry permit.

The no-knock warrant claimed that Fricke had sold marijuana to a confidential informant on February 1. One sale for $20, one for $40.

The complaint says that officers surrounded the residence near 12th Street and Manitoba, and yelled "Police, search warrant" at the approached the door and started to break it down. Officer Rittner was the officer operating the ram who was breaking down the door.

According to fox6now.com,  Fricke said he was in bed, asleep, with his girlfriend, when the raid started.

In regards to the execution of the search warrant, the complaint says Fricke “admitted to being in bed with his girlfriend when he was awoken by a loud noise and yelling. The defendant several times claimed that he did not hear what was being yelled, but later did admit that when he entered his kitchen from the bedroom he heard someone yell “police” outside the kitchen door. He stated “he did not think it was actually the police attempting to enter his residence.” 

”The interview goes on to say Fricke “armed himself with his AK 47 pistol and aimed at the center of the door, where a hole was made.” Fricke told police “he aimed at the hole, where he saw a person standing and shot.” When police crashed through the door, Fricke “claimed that this was the point at which he realized that it was the actual police.” 

Fricke is said to have fired four times through the hole the police made in the door with the battering ram, using an AK-47 type pistol. One of the shots hit officer Rittner.

As the officers finished breaking down the door, Fricke said he realized they were police, raised his hands, and surrendered.

The search of Fricke's house revealed some firearms, firearms parts, and a safe with $3,000. No drugs were mentioned. It was claimed that equipment used in drug sales was found. From wisn.com:

A search of Fricke's home turned up a Century Arms Zastava AK-47 semi-automatic pistol, eight other firearms, a Taser, weapons parts, a safe with $3,000 cash and equipment used in drug sales, the complaint said.

Michael L. Chernin is listed as Fricke's attorney. The court found that Jordan Fricke did not qualify for a public defender, perhaps because of the $3,000 found at his residence.

Fox news reports the complaint says that Fricke admitted to selling some marijuana at some point, and that he had assembled some rifles and sold them at gun shows.

It is not illegal under Wisconsin law to assemble rifles and sell them at gun shows. It may be illegal under federal law. The federal law is somewhat vague. It requires the person to be "in the business" of selling firearms to make a profit. Occasional sales are usually not sufficient to meet this burden. This charge would explain the presence of the BATFE officers at the raid.

An associate of Fricke's, Marlon Tirado was reportedly at the residence as well. He is charged with intent to deliver THC and to maintain a drug trafficking place. Marlon Tirado has been released on a cash bond of $7,500. He has been ordered to have no verbal contact with Jordan Fricke.  Marlon Tirado has been judged indigent. A public defender will provide counsel.

Tirado had a number of traffic citations. Tirado plead guilty to possession of THC in 2017 and and 2016. Fines of $250 in 2016 and $1,872 in 2017 were paid.

The case illustrates the dangers of no knock warrants. It seems likely Fricke would have surrendered to officers and peacefully allowed the search of the house, if the officers had knocked peacefully and allowed him time to answer the door.  He quickly surrendered once he was convinced the intruders were actually police.

No illegal substances were found in the house, at least, none have been revealed thus far.

We do not know what "equipment used in drug sales" might have been. Scales and zip lock baggies are plausible items.

None of the guns are alleged to have been illegal. No fully automatic guns or sawed off shotguns appear to have been found.

If illegal drugs had been found at the house, it is likely they would have been included in the complaint.

Was Fricke a small time marijuana dealer? It may be so. Did he illegally sell guns? We do not know for certain. It is possible.

Was the no-knock raid dangerous and unwarranted?

It resulted in the death of officer Rittner.

Did Fricke  act legitimately under the Wisconsin Castle Doctrine law? That may be left up to a jury.  It may depend on whether the jury finds that Fricke was using the dwelling to further a criminal activity.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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