Homeowner opens fire on intruder

[Paladin]

Appears that the homeowner exceeded his rights defending his home on this one... and that Capt. Jon Cox is largely anti-self defense.

We have 3 parties here... the theives who are definitely wrong. The homeowner who was right to defend his home but over-reacted shooting at the theives while they were running... and Capt. Cox who is offering lousy advice.. and still hasn't caught the thieves. Pretty sad all around.

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http://www.mercurynews.com/mld/mercuryn ... 955895.htm

"Posted on Fri, Feb. 24, 2006
Homeowner opens fire on intruder
By Kelli Phillips
CONTRA COSTA TIMES

An Alamo homeowner could face criminal charges after he fired six shots at a would-be intruder while chasing him down a residential street, Contra Costa Sheriff's Office investigators said Friday.
"The law is very clear about when peace officers can use deadly force and when the public can use deadly force," said Capt. Jon Cox, sheriff's patrol commander. "(Both) have to demonstrate that there is a threat to personal safety in order to use lethal force."
The resident, who lives in the 1000 block of Via Del Gato, startled an intruder trying to open his front door about 4 a.m Thursday. He then shot at him as he ran to a get-away car down the block, deputies said.
"It would appear, just based on the information we have that this person was not a threat," Cox said. "He was running away."
It appears all six shots were fired outside the home. Cox said it's unclear whether the intruder had a weapon or if he threatened the homeowner.
Investigators are discussing whether the resident illegally discharged his firearm, a misdemeanor offense, but no decision on possible charges has been made, he said.
The homeowner told police he woke up to the sounds of someone trying to break through his front door. He called 911, retrieved a semiautomatic handgun and confronted the intruder by opening a nearby window. The startled burglar ran to a waiting truck where another person was waiting and jumped into the passenger seat. The truck sped away as the homeowner fired his weapon.
Authorities are not sure if the truck or either of its occupants were hit by bullets. "At this time there is no evidence to suggest anyone was wounded," Cox said.
Investigators combed the neighborhood looking for the expended bullets or potential victims, but found nothing, Cox said. Deputies did recover the weapon and six bullet casings.
While a homeowner has a right to use a firearm to protect his home and life, Cox said a weapon can complicate things.
"Statistics show that often people who get a firearm for their own protection can be victimized by that weapon," he said. "Firearm ownership is a very serious issue and owners can benefit from how it is stored, locked and how comfortable they are with using it."
The Sheriff's Office doesn't encourage anyone to engage a person involved in a crime. If a property crime is in progress, it's important to remain quiet and call 911 from a home phone, Cox said. Cellular 911 calls take longer to respond to because they are routed through the Highway Patrol's dispatch center in Vallejo and then have to be transferred to the appropriate agency.
"Our advice is not to get directly involved and not jeopardize their safety or the safety of others," Cox said.
People can turn on lights, make noise or yell to startle a home intruder, but Cox said the most successful outcomes happen when a victim is calm, quiet and calls 911.
"We're there in a few minutes to catch the person in the act.""

[Paladin]

My source said that story was from Texas, but it's from California... which would explain why it's such a train wreck!

[nitrogen]

Alamo is a very upscale suburb of Oakland/San Francisco in Northern California, in Contra Costa County.
It's about as Anti-Gun as it gets in that area.

I used to live about 30 miles south of there, in Fremont, in Alameda County.
Calling 911 in california from a cellphone is no good. I speak from experience. a 911 call from a cellphone, like the story said, is handled from a outsourced call center in Vallejo, about 100 miles away. A severely understaffed call center. In the dead of night, I've been on hold for 911 for over 10 minutes. As soon as you get through to the call center, you are then routed to whatever law enforcement districty you're in. The wait then starts all over again.

To their credit, once law enforcement GETS the call, they are extremely quick to come out, if they actually decide it's worth their time, especially in that area. Every law enforcement officer i've met in the entire Bay Area has been a wonderful, professional person that i'd trust implicitly.
The problem is that there aren't enough of them, and they are dispatched very poorly.

I moved away from there for many reasons, and the above reasons were big ones.

[gigag04]

"Our advice is not to get directly involved and not jeopardize their safety or the safety of others," Cox said.
People can turn on lights, make noise or yell to startle a home intruder, but Cox said the most successful outcomes happen when a victim is calm, quiet and calls 911.
"We're there in a few minutes to catch the person in the act.""

Also known to work is is to bleet and go "baaah baaah" real loud.

[Geopagus]

I have to agree that this was an overreaction on the homeowners part. The homeowner trying to defend himself, family, home, etc. not only risked his life by running out to confront the burglars, but also risked hurting or worse taking an innocent life by discharging his firearm. Once the burglar ran off startled and jumped in the getaway vehicle, the immediate threat/danger was over. The homeowner should have just continued to stay alert, secure family, friends and pets (if they apply) within the confines of his castle and waited for law enforcement to arrive.
Instead, to a jury the homeowner might look like a vigilante with a vendetta, especially in Liberal california. Lesson learned.

[anygunanywhere]

To their credit, once law enforcement GETS the call, they are extremely quick to come out, if they actually decide it's worth their time, especially in that area. Every law enforcement officer i've met in the entire Bay Area has been a wonderful, professional person that i'd trust implicitly.
The problem is that there aren't enough of them, and they are dispatched very poorly.

I moved away from there for many reasons, and the above reasons were big ones.

I lived in Antioch for 8.5 years. Antioch is in Contra Costa Co.

My garage and vehicles were broken into 3 times. LEO never even came to my house to investigate. The third time, I was expressing my concerns that no one would come investigate. PD told me that if I knew who did it they would arrest them. I told them that if I knew who did it they would not have to respond, that I would take care of it. They told me not to take matters into my own hands.

I invested in an alarm system and a big dog. The dog was the best purchase I made. No one came around the house once Gunner was on his watch.

I am glad we were relocated back to Texas. The weather in Kalifornia is nice, but the liberal socialists have a stranglehold on the state.

[JLaw]

anygunanywhere wrote:

"I invested in an alarm system and a big dog. The dog was the best purchase I made. No one came around the house once Gunner was on his watch. "

Wise move. Our dog, although small (Boston/Rat Terrier mix) she goes absolutely NUTS when anyone other that me, the wife, or our son is outside the house...day or night!

By the way, love that name..."Gunner"!

JLaw.

[anygunanywhere]

By the way, love that name..."Gunner"!

JLaw.

He was a great dog. Big male Weimaraner. When I filed his papers with the AKC, Mrs. Anygun had named him "Gunnar", the german name. I changed it to Gunner, the Texas spelling.

He is at the "Rainbow Bridge" waiting on us.

We will get another one soon. Maybe two.