Sunday, April 30, 2006
NH: House reverses course, supports self-defense: "Gun owners and advocates carried the day in the House on Wednesday. In a surprise turnaround, the House supported legislation it defeated last month that would give people more leeway to use guns to defend themselves in public places. It also voted for a bill to bar the state from taking guns or ammunition from people during a state of emergency. 'Nothing should chip away at our freedom,' argued Rep. Lynne Ober, R-Hudson. If weapons had been confiscated centuries ago, 'we might have been singing God Save the Queen,' she said."
TN: Disabled man fights off home invaders: "A disabled Red Bank man foiled a home invasion early Thursday morning by getting off four shots at a man busting in his bedroom window. Red Bank Police Lt. Jim Kyle said the incident happened at 1:30 a.m. at 203 Euclid Ave. He said David McCutcheon was asleep in his bed when he heard his bedroom window breaking, then saw a masked man coming through the window. Mr. McCutcheon reached for a .32-caliber revolver and began firing, causing the masked man to make a hasty retreat."
Patriots Day: "I grew up in Massachusetts in the 1950s. April 19th was celebrated each year as Patriots Day. The holiday commemorates the ride of Paul Revere, and the battles of Lexington and Concord in the colony which birthed the American Revolution. ... Growing up in New England in the fifties, there seemed to be no great public concern about guns. At a fairly tender age, I was responsible enough to be entrusted with a BB gun, which I used to protect the household from marauding tin cans, birds in the cornfield, and squirrels robbing the bird feeders. A few years later, I enrolled in a neighboring town's NRA Youth program, shooting .22 rifles in the basement of the armory. A young boy with an air rifle or .22 drew little interest from passersby on the country roads along which I'd walk on the way to the range, or to an abandoned quarry where I often practiced. Even the local police would wave and drive on by."
Saturday, April 29, 2006
MT: Intruder prompts elderly Sula woman to get her gun : "Phyllis Friesen sat in her bedroom Sunday night with a .357 pistol in her lap while a strange man raided her refrigerator and trashed her house. Law enforcement officers arrived at the 80-year-old woman's cabin 15 miles up the East Fork of the Bitterroot River near Springer Memorial more than an hour after she called 911 to report the alleged intruder, 42-year-old Jerry D. Gensamer. 'I asked what the heck he was doing in my house and he never answered me -- just started trashing the living room,' Friesen said. ... Gensamer entered Friesen's house through a door at about 10:15 p.m., she said. Friesen, who lives by herself, said she doesn't normally lock the door. After he ignored her questions, Friesen said she went into her bedroom, pulled out a gun and called 911. 'It wasn't as frightening as it would have been if I didn't have the gun,' she said."
Despite Brady efforts, pro-gun victories continue: "After more than two decades of trying to destroy the firearms rights of more than 80 million law-abiding American gun owners -- and statistically failing to show any impact on violent crime -- the Brady 'Campaign Against Illegal Guns' being launched Thursday is yet another crusade whose ultimate goal is to trample the Second Amendment into dust. That's the reaction from Alan Gottlieb, chairman of the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA). 'This isn't a new campaign against illegal guns,' he stated, 'it's the same old campaign against all guns, and the American citizens who own them.'"
Friday, April 28, 2006
Amazing shot cited as self-defense. Police bullet lodged in gunman's weapon: "A highly improbable shot left an officer's bullet in the cylinder of a gunman's revolver, and police say it's a pretty clear sign that the officers who shot the man faced a deadly threat. "Physically, it is impossible to conclude anything other than the fact the suspect was pointing directly at the officers," Deputy Chief Clark Kimerer said Wednesday, adding, "I've not seen anything quite like that in my 24 years." Wednesday, the King County Medical Examiner's Office had yet to release the identity of the gunman and were still trying to notify his next of kin. Kimerer said the man turned 18 about a month ago.... At a news conference at police headquarters Wednesday, Kimerer said investigators learned that the gunman had had an argument with a female friend shortly before the shooting.... A merchant called 911, as did others. Two East Precinct patrol officers arrived in less than two minutes, he said. The two officers approached the young man near a bus stop. Though the man was suspected of being armed, the officers did not see a weapon, so at first they planned to restrain him. When the man turned to face them, the officers ordered him to get on the ground and show his hands. The warning, Kimerer said, was heard by several witnesses. Instead of complying, "the suspect reached behind his back with both hands," he said. Out came a revolver, police officers said. The officers ordered the man to drop the gun. Instead, police said, he squared up against them. "The officers returned fire in response to that deadly threat," Kimerer said... Fire medics arrived but were unable to revive the man."
Michigan progress: "Lawmakers are working on a package of bills that would strengthen the right of Michiganians to shoot felons who are breaking into their homes or attacking them on the street. Fleeing or retreating no longer would be the first duty of law-abiding citizens facing physical harm. They could meet force with force and not fear prosecution or lawsuits, under measures that worry prosecutors but nevertheless are moving through the House and Senate. "Why on earth should we have to retreat from the criminal element in society?" asked Sen. Alan Cropsey, R-DeWitt, the leading sponsor of one of the main bills in the Senate. He said the goal is to create a new law that better lays out the ground rules for self-defense. Clear regulations also have become important now that more people are carrying handguns for self-protection. Citizens are permitted to defend themselves under current law, but they are supposed to flee if possible. In testimony at hearings, a University of Michigan professor told lawmakers the existing rule gives criminals the advantage by making their victims hesitant."
Thursday, April 27, 2006
AZ: Napolitano signs self-defense bill: "Governor Napolitano today signed into law a bill to strengthen Arizonans' rights to claim self-defense and to use force against intruders. The bill was supported by the National Rifle Association and opposed by prosecutors. It imposes a new burden of proof on prosecutors to demonstrate beyond a reasonable doubt that a defendant's self-defense claim was unfounded. It also implants the so-called 'castle doctrine' in Arizona law to give a person the right to use force in a home or vehicle against an intruder without having to retreat."
Gun industry seeks seat at victim disarmament summit: "In a letter faxed today to New York City Mayor Michael Bloomberg's office, the trade association representing the firearm industry officially requested a seat at the table at tomorrow's national summit on illegal guns organized by Bloomberg and Mayor Thomas Menino of Boston. Lawrence G. Keane, who signed the letter on behalf of the National Shooting Sports Foundation (NSSF), said the industry shares the mayors' concerns about further reducing crime by keeping guns out of the hands of criminals. 'Our industry has developed programs that are working to reduce criminal misuse of firearms, as well as reduce firearms accidents. We would welcome the opportunity to educate mayors about these programs, including Don't Lie for the Other Guy, the straw purchase deterrence initiative developed in partnership with the Bureau of Alcohol, Tobacco, Firearms and Explosives,' said Keane, senior vice president and general counsel."
Wednesday, April 26, 2006
NY: Big city mayors host victim disarmament summit: "Boston Mayor Thomas Menino and New York Mayor Michael Bloomberg will host a summit next week for about a dozen of their colleagues to discuss gun violence, a problem that has long frustrated big-city mayors. Mayors from Dallas, Philadelphia, Milwaukee, Washington, D.C., and Seattle are among those scheduled to attend the meeting at Gracie Mansion, the historic Upper East Side house where Bloomberg holds official events."
AZ: Bill strengthens right to use force: "The state House passed a bill today to strengthen Arizonans' rights to claim self-defense and to use force against intruders. The bill would scrap a decade-old state law by imposing a new burden of proof on prosecutors to demonstrate beyond a reasonable doubt that a defendant's self-defense claim was unfounded. It also would implant in Arizona law the so-called 'castle doctrine' that gives a person the right to use force in a home or vehicle against an intruder without having to retreat."
Tuesday, April 25, 2006
Comment on California idiocy: "State Assemblyman Paul Koretz, D-West Hollywood, has introduced a bill to require all semi-automatic handguns to make microscopic indentations on all shell casings for identification. Supporters of the bill contend that the gun feature will allow the police to catch more criminals. Opponents believe the markings could easily be adulterated by sanding or filing the firing pins, thereby making the law academic. My take is that it's just another attempt by gun-control advocates to hector gun makers and owners and to make ownership of a weapon more expensive. If the bill is passed, I predict it will have no statistically significant impact on the crime clearance rate.
Louisiana victims shoot back. Thugs flee: "A group of men fired bullets into a cluster of children at a birthday party on Lash Street on Saturday night, injuring a Shreveport woman in a shooting that police believe was retaliation for an earlier gunfight in the neighborhood. The woman, who was in her mid to late 20s, was taken to LSU Hospital in Shreveport with non-life threatening injuries. Police didn't immediately identify the woman. Police were dispatched to the intersection of Lash and Linwood streets just before 9 p.m. after getting reports of a gunfight that sent nearly 100 children scattering from the neighborhood block party. By the time police arrived at the scene, the shooters had fled on foot and all of the children at the party had cleared from the streets. Witnesses told police that the group of men stood at the corner of Lash and Linwood streets and opened fire on people attending the party. While ducking a hail of bullets, some people at the party pulled out guns and started firing back, police said. Police have identified some suspects in the shooting but wouldn't release any information."
Another black "victim": "As a lesson in gun safety, it could not be bettered. While delivering his message, Special Agent Lee Paige shot himself in the leg as children watched in disbelief. Now, since it happened in America - and since the bullet miraculously missed the femoral artery - there is to be the inevitable sequel. Mr Paige, 45, is suing his employer, the Drug Enforcement Administration, for leaking footage of the incident. He claims that the agency is liable for "mental anguish, loss of reputation, embarrassment, humiliation and anxiety" because a videotape of his "accidental discharge" has gained a global audience on the internet. His career has allegedly suffered - after 347,000 hits on Google, undercover work is no longer an option - and he says he has been ridiculed in public. He is not demanding payment for the damage to his leg."
FL: University professors shape laws: "Type the words 'Gary Kleck' and 'guns' into Google, and you'll find links to about 50,400 Web pages. Many of those link to gun-rights groups such as the Second Amendment Research Center and Gunowners.org. Kleck, a professor of criminology and criminal justice at Florida State University, has become the darling of gun-rights advocates thanks to his studies into the use of firearms for self-defense. His research found that as many as 2.5 million victims each year have used guns to defend themselves during crimes. It also showed that victims who submitted to criminals' demands were twice as likely to be injured during crimes as those who defended themselves with guns. His research did not conclude that looser gun laws lessen crime, Kleck said, only that guns altered crimes that were already under way. All of which, Kleck said, can be boiled-down to a bumper-sticker slogan: "Bad guys have guns, bad effects. Good guys have guns, good effects." And this year, lawmakers such as Rep. Mitch Needelman, R-Melbourne, have cited his research in defending bills such as one that would force employers to allow workers to keep guns locked in their cars on company property."
MS: 85-year-old man shoots burglar: "Deputies arrested a suspected burglar Monday after an 85-year-old Saucier man reported he had shot a man who broke into his home. Harrison County sheriff's investigators said the resident knew Wayne Thomas Clark and identified him as the burglar. Deputies went to Clark's home on Mack Pete Road and found him asleep with two gunshot wounds to his back, said Sheriff's Capt. Ron Pullen. The break-in and shooting occurred Saturday but wasn't reported until Sunday. Clark was shot with a small-caliber handgun, said Pullen. Clark, 42, was taken to a hospital for medical treatment and was held without bond at the Harrison County jail. A judge declined to set bond on the burglary charge. At the time of his arrest, Clark was out of jail on bond for a pending stolen property charge. The resident, who lives in the 25400 block of Mississippi 53, told investigators the burglar assaulted him, said Pullen. The charge against Clark and the shooting will be presented to a grand jury. The elderly man was not arrested, but the incident will be presented as a matter of concern "to be sure he acted within the law," said Charlie Wood, an assistant district attorney."
Sunday, April 23, 2006
Identity theft imperils firearm owners: "'Envision a hypothetical law-abiding Bob Citizen who attempts to purchase a revolver from a local gun shop,' suggests gun law expert John Snyder. 'Imagine further,' he continues, 'that when the store clerk runs the necessary criminal records check through the National Crime Information Center (NCIC), Bob Citizen learns his identity has been stolen and he cannot make the purchase. His name, date of birth and Social Security Numbers have been used by someone else. He is a victim of identity theft, the fastest growing crime in the United States. This imaginary scenario is bad enough as it is,' says Snyder, 'but let's follow it another step or two. The criminal with a mile-long rap sheet who steals Bob Citizen's ID uses the good name to purchase a firearm and subsequently misuses it in the commission of a bank robbery, rape or murder. Bob Citizen now faces criminal charges as well as a loss of good reputation.'"
FL: 69 year old man fends off robbers: "A 69-year-old man was grazed by a bullet on his cheek during an attempted robbery in the driveway of his Hollywood home Sunday, but escaped with his life when he pulled out his gun and fired back. Francesco 'Franco' D'Arpino pulled into his garage at about 5:10 a.m. after working the night shift at his North Miami Beach restaurant, Franco's Pizza, when police say a white car rammed into the back of his car and someone opened fire. A bullet grazed D'Arpino's cheek. He grabbed his gun, which he keeps on him, and shot back, driving off the attackers."
OH: Gun shows in the crossfire: "It's easy to build an illegal [sic] machine gun. Or to get the recipe for exploding gelatin.Everything you need is available at hundreds of gun shows held across the country this time of year. While gun businesses must be federally licensed, gun shows enable private individuals to sell scores of weapons each weekend with little, if any, oversight. And the shows are flourishing. In the past two months alone, promoters have hosted 20 gun shows in Ohio, including one April 9 in Niles."
Saturday, April 22, 2006
Few New Orleans residents getting back stolen guns: "A handful of people showed up Monday to try to get back guns confiscated by the New Orleans Police Department after Hurricane Katrina -- and not many of those walked away with a weapon. 'They told me the police took them the first two weeks after the hurricane, after that it was the ATF,' said Charles Clark, 62, a retired law officer, who had an antique gun taken from his house after the Aug. 29 storm. 'It's very frustrating. I know we had a storm and all, but there should be a way to find out who has your property.' ... Percy Taplet, 73, said the national guard and state police confiscated his shotgun from his house when they evacuated him. He said he kept it for protection at his house and adjoining business. Police told him he would have to contact state police about the weapon. 'I won't ever see that gun again believe me,' Taplet said. 'It's gone like everything else in that storm.'"
The purists and New Orleans gun confiscation: "New Orleans balked and stalled. The City was found in contempt and was then ordered again to return them, at which time they agreed to do so through a process which included new background checks. This is, of course, harassment of lawful owners. As usual, officials like to abuse the law abiding with acts of power which never touch the criminals.Now, not only do the rightful owners have to jump through hoops, but some of the weapons are turning up lost according to early reports. ... This is where the Purists come in. The Purists of the liberty movement in America have been characterized as extremist, but let's look at them for a moment. They have warned America of social disaster to come, they have courageously spoken out with details, not vague predictions, and they have been most accurate in their report of history and in making a most reasonable connection to modern current events in worrying about the safety of the nation. The Purists have observed social trends that sound horribly familiar to the known historical fates of doomed nations and show just where we're headed. I'm going to join them in reporting this milestone on that road."
NE: Gun group urges lawmakers to close "Omaha loophole": "Passage of a concealed carry statute in Nebraska was a good first step toward insuring the safety of Cornhusker State citizens, but the new law has a gaping loophole that apparently allows cities like Omaha to continue denying their residents the right of personal protection. The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) is encouraging residents of Omaha, Lincoln and other communities to start contacting their city councils, demanding that they reject any attempt to prohibit concealed carry as the City of Omaha is apparently planning to do, based on a 70-year-old ordinance. 'A report in the Lincoln Journal Star newspaper pretty much said it all,' noted CCRKBA Executive Director Joe Waldron. 'Anti-public safety lawmakers in Omaha are against the new law, and are defending a local ordinance that bans concealed firearms, even when the majority of Omaha legislators voted for it.'"
WVA: Funeral director innocent in son-in-law's shooting: "A Fayette County funeral home director was found not guilty Monday of murdering his son-in-law. Larry Hess, who managed Dodd-Payne-Hess Funeral Home, never denied shooting Jerry T. Chesterfield. He fired five bullets from his Glock semi-automatic, and four of those struck Chesterfield. But Hess testified Monday that he shot his son-in-law in self-defense. 'I always kept the shell in the chamber,' he said. He said he had to keep firing because Chesterfield kept coming at him."
Louisiana: Good riddance to bad rubbish: "A man who kept beating his 3-year-old daughter even after St. Martin Parish sheriff�s deputies tried to use a police dog to stop the attack was shot to death, authorities said. State police, who were called in by Sheriff Ronnie Theriot to investigate, said the shooting occurred about 10:20 p.m. Wednesday outside a mobile home. Two deputies responding to a disturbance call ordered the man to stop hitting the girl before releasing the dog. The man was shot after the canine was unable to break up the attack, state police said. The child was taken to Lafayette General Hospital in critical condition. The man, whose identity was not immediately released, was pronounced dead at the scene".
AZ: Gun bill among Napolitano's vetoes: "Arizona Gov. Janet Napolitano vetoed a slew of Republican-approved bills Monday, including a National Rifle Association-backed gun bill and one that looks to have local police arrest illegal immigrants on trespassing charges. ... The governor also vetoed a bill that would have restricted her powers to limit gun and ammunition sales during a time of emergency. The NRA has been pushing similar bills in other states in the wake of attempted emergency powers being invoked in the aftermath of Hurricane Katrina in New Orleans. Napolitano said the bill undermines emergency powers of the governor and state National Guard. Advocates argued the bill would protect Second Amendment rights during emergencies."
Thursday, April 20, 2006
OH: Armed man shot by ex-girfriend: "A Goshen man was charged with felonious assault, aggravated burglary and kidnapping after he forced his way into his ex-girlfriend's home early Monday.Gary L. Glass, 37, of the 1800 block of Main Street, was shot in the legs after Cassandra Gray, 28, got control of a shotgun Glass brought to her home, the Clermont County Sheriff's Office said. According to the sheriff's office, Gray was awakened by her dogs barking about 7:30 a.m. and found Glass standing in her doorway pointing a shotgun at her. Glass allowed Gray to let her dogs out and she used that chance to call 911. When Glass realized Gray had called police, the two struggled. Gray got the gun away from Glass and shot him, the sheriff's office said."
Reflections on deaths caused by gun control laws : "CNN has some interesting video as well as a .pdf transcript from the flight voice recorder on United Air Lines Flight 93, the plane which crashed in a Pennsylvania field on 9/11. Obviously, this pertains to the ongoing trial of Zacarias Moussaoui, where the government just rested its case. 40 brave people died in that crash. Reading the transcript reminded me that this entire incident could have been avoided if the government hadn't stripped us of our right to self-defense while on an airplane."
Wednesday, April 19, 2006
CA: City to test gunshot location system: "A city councilor hopes to curb a rising murder rate by installing a gunshot-locator system that uses sensitive microphones attached to buildings to remotely pinpoint shootings. Oakland councilman Larry Reid, whose district includes some of the East Oakland's most violent neighborhoods, said Tuesday his office will pay $10,000 to test the ShotSpotter system that is already in use in parts of Los Angeles and Washington, D.C. Reid hopes to have the system in place by the end of the month. Police hope the technology will help dispatch officers more quickly and catch fleeing criminals. If the test is successful, the city would need to raise about $400,000 to install nearly 100 sensors in an 8-square-mile section of the city, said Oakland police Lt. Pete Sarna II. The system uses microphones mounted on flat roofs and connected to telephone lines to triangulate the location of the gunshots to within 10 to 30 feet, said James Beldock, president of the Santa Clara-based ShotSpotter Inc."
CA: Glitch in victim disarmament law triggers rush: "Gun components that can be used to build assault weapons [sic] have flooded into California under a loophole in state law. The glitch has delighted some gun owners, who hope to register the weapons before any state legislation is passed barring their possession. Frames of more than 30,000 AR- and AK-series guns have entered California, according to estimates from some gun advocates, and can be purchased from many weapons dealers in the state and online."
Tuesday, April 18, 2006
KY: Use of force bill passes: "Kentuckians could use force to defend themselves against an attack in their home or car under a bill that received final legislative passage Monday. The Senate passed Senate Bill 38 by a 36-1 vote, sending it to Gov. Ernie Fletcher. The House had passed the bill earlier. The measure, backed by the National Rifle Association, specifies that people have no 'duty to retreat' -- or attempt to flee -- if they believe they are being threatened on their property or in their vehicle. 'Calling 911 is sometimes -- instead of a rescue project -- it becomes a recovery project if you're not able to use force,' said Senate President David Williams, R-Burkesville."
LA: Bill would protect evacuees' gun rights "With little debate, the Senate voted 39-0 Monday for a bill that would prohibit police from confiscating firearms of law-abiding citizens in times of emergencies or disasters. The vote on Senate Bill 93 by Sen. Joe McPherson, D-Woodworth, an outdoors enthusiast and gun-rights advocate, sends the measure to the House for debate. McPherson filed the bill in response to actions by New Orleans area police who confiscated firearms from evacuees during Hurricane Katrina. He said that the federal and state constitutions recognize the right of citizens to bear arms and that a hurricane or an evacuation from a natural disaster or emergency does not eliminate that right."
NC: For self-defense, women take up firearms: "A single mom wanting to protect her children. A mall worker fearing a dark parking lot. A real estate agent meeting strangers in empty homes. They are Charlotte-area women. And they own guns. More women, gun advocates say, are buying, shooting and carrying firearms -- in briefcases, purses or even on their hips. For some, it's sport. But with violent crime up from five years ago and Charlotte-Mecklenburg police actively searching for a serial rapist, many women say it's about self-protection."
JOHN LOTT IN THE WARS AGAIN
A scholar known for his work on guns and crime filed a defamation lawsuit Monday against University of Chicago economist Steven Levitt, co-author of the best-seller "Freakonomics." John Lott Jr. of Virginia, a former U. of C. visiting professor, alleges that Levitt defamed him in the book by claiming that other scholars had tried and failed to confirm Lott's conclusion that allowing people to carry concealed weapons reduces crime. Publishers Weekly ranked "Freakonomics" eighth this week for non-fiction hardcover books. According to Levitt's book: "When other scholars have tried to replicate [Lott's] results, they found that right-to-carry laws simply don't bring down crime."
But according to Lott's lawsuit: "In fact, every time that an economist or other researcher has replicated Lott's research, he or she has confirmed Lott's conclusion." By suggesting that Lott's results could not be replicated, Levitt is "alleging that Lott falsified his results," the lawsuit says. Lott is seeking a court order to block further sales of "Freakonomics" until the offending statements are retracted and changed. He is also seeking unspecified money damages. Lott acknowledged in the suit that some scholars have disagreed with his conclusions. But he said those researchers used "different data or methods to analyze the relationship between gun-control laws and crime" and made no attempt to "replicate" Lott's work.
The lawsuit alleges that Levitt and his publisher, HarperCollins Publishers Inc., made the statements with reckless disregard for whether they were true and that the book damaged Lott's reputation. Neither Levitt nor HarperCollins officials could be reached Monday.
According to the lawsuit, Levitt also defamed Lott in an e-mail that Levitt sent to an economist in Texas last May. The e-mail described work that Lott published in an academic journal in 2001. It falsely stated that Lott's work had not been peer-reviewed and that Lott had blocked scholars with opposing views from appearing in the same issue of the journal, the lawsuit said.
Lott's books include "More Guns, Less Crime: Analyzing Crime and Gun Control Laws," published in 1998. Levitt won the John Bates Clark Medal for economists younger than 40 from the American Economic Association in 2003.
Source
Note the following statement from the "Chronicle of Higher Education":
"In the years since Mr. Lott's first publication, at least six scholars have published studies that tend to confirm his findings, while at least four other studies have tended to cast doubt on his findings."
I would say Levitt is in trouble at that rate.
Business owner shoots robber: "An Anniston business owner is in the clear after shooting a robbery suspect in self-defense. The robbers attempted to shakedown a pawnshop. Now, three are in jail and one's got a gunshot wound to remember it by. The owner of the 202 Pawn Shop says four people charged in the attempted robbery worked as a team, trying to distract him while one stole some jewelry and ran out. Investigators say the bandits jumped into a car. The store owner, who didn't want to give his name, ran after them armed with a pistol and ready for action. "He pulled up like he was gonna run over me and at that point I pulled down on him," said the owner. One jumped out and ran into a dead-end alley behind the building. "He couldn't get out so it was between me and him, you know, hit brick wall or me, and he tried to come through me and when he did that's when he pushed me back like, that's when I fired, pistol went off and evidently shot him in the foot," said the owner. By that time, deputies had arrived along with paramedics.... Amerson says Alabama law already covers such a situation. "That man had a right to use his weapon in self-protection and he did so and from everything we can see he faces no legal liability for that," said Amerson."
TX: Man cleared of assault linked to shootout: "A 20-year-old Longview man has been cleared of an aggravated assault charge in connection with a shooting last year after prosecutors argued he fired a gun in self-defense. Travale Henson had been indicted in connection with a May 14 shooting with Keethan Harnage outside a birthday party on Avalon Street. A bullet from Harnage's gun left 15-year-old Sierra Foster of Longview dead. Prosecutors argued in a motion to dismiss that an investigation proved Henson fired two shots at Harnage in self-defense after Harnage 'began firing wildly' at him. Judge David Brabham of the 188th District Court signed the order to dismiss April 5."
Monday, April 17, 2006
TX: Shop owner opens fire on robbers: "The owner of a southwest Houston pawnshop opened fire on three armed men who tried to rob his business and the shootout was caught on tape, KPRC Local 2 reported Tuesday. Gunmen entered the A Plus Pawn Shop, in the 11200 block of South Wilcrest, on March 28, and started shooting, according to witnesses. 'I grabbed the first gun I could find and started firing,' owner Steve Smith said. 'They planned on taking us out, I think. That's the way I figured because they never said a word.'"
IL: Security still worries some on east side: "A month after devastating tornadoes roared through Springfield, Tim Williams finds himself living in a camper parked in the driveway of what remains of his garage in the 2000 block of East Cedar Street. ... Williams can't leave his property -- which has been in his family since 1943 -- because the garage door is gone and he is wary of looters. The phrases 'You loot I shoot' and 'You try you die' are spray-painted on the east side of the garage, just in case anybody might be tempted. He's not kidding, either. Williams keeps a pistol and his 150-pound dog, Tyler, with him to deter looters. 'I just ran one off last night. He had so much stuff with him, he couldn't carry it all,' Williams said Tuesday afternoon, during a break from filing out insurance forms. 'I pointed my pistol at him and told him I was calling the police.'"
New Orleans: Nagin still has stolen guns : "Law-abiding citizens of New Orleans who were forced to relinquish their legally owned firearms to the New Orleans Police Department (NOPD) will have to wait, indefinitely, to regain their property. The City of New Orleans revealed they have not returned any firearms, as Mayor Ray Nagin and the city have yet to set up a return process. 'Mayor Ray Nagin continues to deny freedom by denying lawful citizens their Second Amendment rights,' stated National Rifle Association (NRA) Executive Vice President Wayne LaPierre. 'First, he confiscates law-abiding citizens' firearms and lies about it. Then, he fails to comply with court orders. Now he refuses to return the legally owned firearms to their rightful owners by dragging his feet. It's a disgrace.'"
Sunday, April 16, 2006
NC: High Point man killed man in self-defense: "A High Point man who shot and killed a man inside his apartment April 3 acted in self defense, police today said detectives and the prosecutor determined. Kendrix Jones told investigators he shot Daniel Cyrus Dixon, who was found dead inside Jones' apartment at 117 E. Swathmore Ave., apartment 2A, according to High Point police. On Tuesday, detectives met with Guilford County Assistant District Attorney Randy Carroll and reviewed the case. It was determined Jones, 25, acted in self defense when he shot Dixon"
Arkansas: Man won't be charged for murder: "Drug and weapons charges have been filed against a man believed by police to have shot and killed two people during an apparent robbery at an indoor marijuana-growing site. But they said the man will not be charged in the deaths Sunday night. Bradley Webster of Mena was charged with possession and use of a machine gun -- simultaneous possession of drugs and firearms -- manufacturing marijuana -- first-degree endangering the welfare of a minor -- possession of drug paraphernalia -- and possession of marijuana with intent to deliver. Prosecutor Tim Williamson said Webster will not be charged for the deaths of 34-year-old Chris Pangle and 23-year-old Thai Flores, both of Henryetta, Oklahoma. Williamson said Webster was defending his property, even if it was illegal property."
TN: Market owner shoots robbery suspect: "Convenience store owner Karim Barakat feared for his life when an armed robber demanded money and cocked his handgun about 7:45 p.m. Tuesday at J.D.'s Market in downtown Murfreesboro, a police spokesman said. Instead of giving up any money, Barakat reached for his own handgun and shot suspected robber Edward Christopher Evans, 24, in the arm, said Murfreesboro Police Lt. Alvin Baird."
Saturday, April 15, 2006
NY: Man receives 3-year sentence for self-defense: "A Mount Vernon man cleared of homicide charges in the slaying of an ex-convict who had shot him years earlier was sentenced yesterday to three years in prison for possessing the gun used in the killing. Mark Powell could have faced considerably more time in prison had jurors not found that he was justified in shooting Curtis Liburd Sept. 17 on East Fourth Street in Mount Vernon. The White Plains jury acquitted Powell of murder and manslaughter charges in January after believing his claim that he shot the unarmed Liburd in self-defense. Powell testified that he fired after Liburd threatened him and tried to grab his gun. He was also cleared of a more serious charge that accused him of intending to use the gun unlawfully. ... Powell acknowledged that he illegally possessed the gun. Westchester County Judge Rory Bellantoni said he would have liked to sentence Powell to the maximum seven years as prosecutor George Bolen requested. But he said he could not because that would have required him to consider that the possession of the gun led to Liburd's death -- which the jury verdict precluded the judge from doing."
IN: Intruder shot, killed: ""A 20-year-old man was shot to death about noon Wednesday as he tried to break into a home on the Far Eastside. Xavier Rashard Ivory, 1800 block of South State Street, was pronounced dead at Methodist Hospital after being shot once in the chest. Capt. Phil Burton of the Marion County Sheriff's Department said the owner of a home in the 8000 block of East 37th Street heard his doorbell ringing incessantly but ignored it in hopes that the person would go away. Shortly thereafter, the homeowner heard a pounding at his back door. On the way to the back door, he grabbed a firearm from a closet. At the back door, he heard and saw someone trying to force open the door. As he pulled back window blinds, he saw an arm come in through a broken window, Burton said.The homeowner fired one shot, striking Ivory in the chest."
Friday, April 14, 2006
FL: Two Martin County deaths deemed acts of self-defense: "Authorities have deemed two separate cases first investigated as homicides as actual acts of self-defense, police said Wednesday. In one incident, Stuart police evidence led state prosecutors to determined Daniel George Griffin, 67, was protecting himself when he was confronted in his home by the man whose wife he was allegedly having an affair with, Sgt. Marty Jacobson reported. Barry Nordstrum, 47, allegedly broke into Griffin's home June 25 about 9 p.m. in the Circle Bay Condominiums and found the man with his wife. That's when Griffin grabbed a gun and shot Nordstrum to death. The wife, who was present, was not hurt. In the second case, police said Shawn Harshall, 24, was legally allowed to defend himself against an alleged attack by his co-worker Derek Huffman, 22, after a fight about a pool game earlier the night of January 14. Harshall told investigators he stabbed Huffman after he was attacked inside a room at the extended stay Suburban Lodge, where the Pennsylvania men had been staying.
Missouri self-defence rights to be expanded: "Despite opposition, State Rep. Marilyn Ruestman says she will "hold tight" to her defensive use of force bill that passed last week in the Missouri House. The legislation, originally filed by the Newton County lawmaker as HB 1461, would protect from civil or criminal litigation citizens who kill in the act of self-defense and expands the circumstances when deadly force could be used. Under current Missouri law, a person may kill another person when it's reasonably believed such action is necessary to protect one's self or another against death, serious physical injury, rape, sodomy and kidnapping. The law also states persons may use deadly force, when necessary and under the same described circumstance, to prevent stealing, property damage or tampering. In both instances, citizens are first required to use "all reasonable measures to terminate the restraint as soon as it is reasonable to do so" before using deadly force in defense of self or property. But Ruestman believes the law is ambiguous and that it's assumed victims must retreat when attacked. She previously told the Daily News it's "ridiculous" for someone to stop and determine if an assault could be fatal before using lethal force in self-defense. Her bill says that a person doesn't have to run away when attacked provided they are at a place where they have a legal right to be.
Thursday, April 13, 2006
Vang update: "A Minnesota man convicted of killing six deer hunters and wounding two others in a shooting spree in northwestern Wisconsin was moved to an Iowa prison because of security concerns. Corrections officials moved Chai Soua Vang to the Iowa State Penitentiary in Fort Madison, Iowa, in January, according to state records. He had been imprisoned at the Dodge Correctional Institution in Waupun. Officials moved him because they had safety concerns for corrections staff, inmates and others, said Dan Westfield, security chief for the Department of Corrections' division of adults institutions. Westfield compared the case to that of convicted Milwaukee serial killer Jeffrey Dahmer, who was killed in 1994 by another inmate. "The reasons we move an inmate, and I'll use the Dahmer situation, is that there is a lot of media attention and it stirs a lot of emotion," Westfield said Friday. "Wisconsin is a state with a lot of deer hunters, and we have a lot of inmates who are deer hunters, and there are some racial concerns." During his trial, Vang, a Hmong immigrant, testified he shot in self-defense at the white hunters after they hurled profanities and racial slurs and took a shot at him. Two survivors testified no one pointed a gun at Vang. The shooting occurred on the second day of the 2004 deer hunting season after Vang trespassed in a tree stand on private land in Sawyer County. Vang, 37, of St. Paul, Minn., was sentenced Nov. 8 to six consecutive life prison terms with no chance for parole."
Bum rap in Vermont? "A teenager was charged with first-degree murder Monday in a weekend shooting death in Burlington's Old North End. Looking slight and saying nothing Skylar Underhill, 19, pleaded not guilty to the first-degree murder charge. Police are continuing to build their case against Underhill, who they said shot and killed fellow partygoer Rhynell Lewis during an argument Friday night at an upstairs rear apartment on La Fountain Street. Detectives said they have recovered another piece of evidence from the neighborhood: the ammunition clip they believe Underhill tossed as he fled the scene of the shooting. Officers said when police arrested him nearby, he was still carrying the 45-caliber handgun. The defense is already raising possibility the shooting was self-defense, because two witnesses say the victim punched Underhill and threatened him before the shooting".
Wednesday, April 12, 2006
Maryland: Two killings test right of self-defense
Karen L. Foxx had sought court orders to keep her estranged husband away, had filed criminal assault charges against him and changed her phone number. She also bought a gun to protect herself, and last Saturday, her lawyer says, Foxx did just that when she fatally shot her husband.
Now the Randallstown woman awaits word on whether she will be charged with a crime - one of two recent cases in which the legal right to self-defense is under examination. The Randallstown shooting occurred two weeks after a 57-year-old gas station owner was attacked by three would-be robbers at the upscale Village of Cross Keys shopping center in North Baltimore, grabbed his own gun and fatally shot one of the assailants.
In such cases, the decision to file charges often hangs on whether prosecutors or grand jurors determine that the shooters reasonably believed that their lives were threatened before pulling the trigger, legal experts interviewed this week said. In a 2001 case involving two brothers who killed a man after lying in wait for burglars, a Baltimore County grand jury decided the shooting was justified, even though the intruders were unarmed. In a 2003 case, two businessmen were acquitted of murder charges after shooting a man who broke into their East Baltimore warehouse.
Given the police accounts of the two recent shootings, the experts interviewed say it's unlikely that either Foxx or the gas station owner, Mark A. Beckwith, will be charged. "I don't think a crime has occurred. I don't think it's even close," said Richard M. Karceski, a criminal defense attorney who represented one of two brothers cleared in the 2001 shooting of three unarmed intruders at the brothers' concrete plant in Glyndon. "Just because an unfortunate situation occurs and someone loses their life does not mean a crime has been committed."
Prosecutors in both cases say no decision has been made. A homicide can lead to a first-degree murder charge, to such lesser charges as second-degree murder or manslaughter, or to no charge. S. Ann Brobst, an assistant state's attorney in Baltimore County, said it could be "a while" before all the necessary witnesses are interviewed and documents are gathered to be presented to a grand jury.
Baltimore police have said that Beckwith had a permit for his gun and would probably not face criminal charges. Margaret T. Burns, a spokeswoman for the city state's attorney's office, said that prosecutors have not decided whether to charge Beckwith, present the case to a grand jury or rule the shooting a justified use of deadly force.
Both jurisdictions have seen high-profile cases in recent years of people claiming self-defense after the use of deadly force. In April 2001, a Baltimore County grand jury declined to indict Dominic "Tony" Geckle and Matthew Geckle, brothers in the shooting of three unarmed intruders at the Geckles' concrete plant. The brothers had armed themselves with shotguns and were spending the night in their warehouse after break-ins the two previous nights. One intruder was killed and two others were shot in the back.
Two years later, in January 2003, a Baltimore judge acquitted Harford County businessmen Kenny Der and Darrell R. Kifer of charges in the shooting of a drug addict who broke into their warehouse - and who, according to the defense, brandished a hammer and threatened to kill the men. Under Maryland law, a person may use deadly force to defend himself if he believes his life is in imminent danger, if that belief is reasonable and if he uses no more force than is "reasonably necessary." Legal experts said those issues will be at play in the cases of Foxx and Beckwith.
Baltimore County police said that Foxx, 35, called 911 last Saturday afternoon to report that she had just shot her estranged husband, 45-year-old Herman E. Bullock, in her Randallstown home - a two-story, end-of-row condominium to which officers had been dispatched numerous times on domestic calls. Foxx, an office secretary, told officers that her husband threatened her with an ax handle, police spokesman Bill Toohey said. Foxx shot him in the torso with a handgun, Toohey said. He said police did not know how many bullets struck Bullock
She filed criminal charges against Bullock in April 2003, telling police that he had scratched her, torn her shirt and punched her during an argument over her late work hours, court records show. Bullock was acquitted of second-degree assault in 2004.
Bullock's first wife also accused him of abusing her, filing for a protective order in October 1998 and for divorce six months later, pointing to "cruelty and excessively vicious conduct." During the ensuing custody battle, Bullock's first wife alleged that he had abused her in front of their children, dragged her down the stairs by her hair and abused their dog....
Beckwith, who lives in Bel Air and owns two Baltimore gas stations, pulled into the parking lot at Cross Keys the afternoon of March 17 to deposit several thousand dollars at his bank, defense attorney David E. Carey said. He apparently had been followed by three people intending to rob him, the lawyer said. "He got out of the car, stood up and, as is his practice when carrying a large amount of money, looked around," Carey said. Beckwith saw two assailants coming at him and tried to get back into his car, Carey said. The three men - one of whom had a gun, Beckwith told police - beat him and grabbed paper bags filled with money before Beckwith pulled a 9 mm Glock semiautomatic pistol from a shoulder holster, Carey said. Beckwith fired 16 shots at his assailants, police said, killing one man and wounding another.
Legal experts said Beckwith's case will likely depend on the statements of witnesses at the shopping center. "If this guy gets indicted on this case on those facts, there ain't no cows in Texas," Karceski said. "This is a case of perfect self-defense. If it were a slot machine, he'd have three cherries on this one because everything lines up."
Andrew Arulanandam, a spokesman for the National Rifle Association, said state laws should be recast to grant crime victims the unquestionable right to protect themselves with force. "When a crime occurs, it's between the victim and the criminal," he said. "Law enforcement cannot get there in time, very often. The politicians aren't there and the gun control lobby certainly isn't there. What victims of crime need is options - and they need the law on their side."
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