"Victim describes robbery try at home" a stay tuned event

[Damage control]

Victim describes robbery try at home
BY ERIN L. NISSLEY
STAFF WRITER
03/05/2008
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The alleged victim of a botched robbery at his South Scranton home in December took the stand at a preliminary hearing Tuesday and said he heard a gunshot just before his door was kicked in.


Danny Gonzales, 35, of Rear 419 Gallagher Court, said he was watching television Dec. 11 after 11 p.m. when he heard a knock at the door. He looked out the window and saw a man with short hair standing at the door.

When he asked who was at the door, Mr. Gonzales said he was told, “You know who it is. Open the door.”

“I said ‘I don’t know you. Have a good night,’??’’ he said. “Then I walked upstairs.”

After his door was kicked in, Mr. Gonzales said he ran down the stairs and followed the intruder outside, firing his .45-caliber handgun.

Five people — Tiffanie Dominech, 26, of 103 Belvedere Ave.; Jeffrey Sampson, 22, of 4360 William Penn Highway, Easton; James T. Blake, 17, of 100 Belvedere Drive; Malik McDonald, 23, of 419 S. Webster Ave.; and Gregory J. Bell, 30, of 108 Belvedere Drive — were charged with plotting the robbery after an alleged argument between Mr. Gonzales and Ms. Dominech over Mr. McDonald.

All but Ms. Dominech, who waived her preliminary hearing in December, began preliminary hearings Tuesday.

Investigators say Mr. McDonald, Mr. Blake and Mr. Sampson, who was armed with a 9-mm handgun, actually committed the robbery at Mr. Gonzales’ home. But Mr. Gonzales, who is facing a reckless endangerment charge because he admitted firing several shots at the would-be robbers, said Tuesday he had no idea who was at his door, or if there was one man or two.

Defense attorneys argued there wasn’t enough evidence to prove the case.

Scranton police Detective Michael Schultz ended up stepping down from the stand after defense attorneys raised objections regarding his testimony about who was called in for questioning about the robbery.

“There’s been no evidence presented connecting these people to any crime,” attorney Joseph Toczydlowski said.

The hearing was halted after Deputy District Attorney Margaret Bisignani called Ms. Dominech to the stand. After admitting she knew the men who were charged, Ms. Dominech said she didn’t want to testify about anything else without her attorney present.

The hearing will continue later this month. Mr. Sampson and Mr. McDonald are being held in Lackawanna County Prison in lieu of $100,000 bail. The other defendants remain free on bail.

Contact the writer: enissley@timesshamrock.com



©The Times-Tribune 2008

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I will be keeping an eye on this one.

DC

[PisnNapalm]

Once the perp(s) fled the house the "victim" should have stopped firing and called police. Chasing the bad guy outside while firing is not good. He may have just lost the right to own firearms.

[God's Country]

Once again the f$cked up part is the victim, although made a mistake, is going to get screwed and the perps will walk.

[WhiteFeather]

I wonder IF this Victim now thinks HB 641 Castle doctrine is a important issuse now?

[Philadelphia]

I wonder IF this Victim now thinks HB 641 Castle doctrine is a important issuse now?

Wouldn't help him anyway.

In a lot of ways, this is a f'ed up country. Criminals can kick in your door, rape your wife and kill your children, but if you can't get to them until they're done, you better not harm a hair on their head as they get away.

The guy sitting home minding his own business did nothing unexpected, dangerous to society or anything that should be considered illegal by society. Criminals get far too much protection and deference from the legal system. The DA should be fired.

[headcase]

The guys mistake was he didn't kill them all and stack them up like cord wood for the garbage truck.......

[Damage control]

Plea deal possible in robbery attempt/gunfire incident


Several people charged in an alleged robbery attempt that ended in gunfire may plead guilty after discussions Monday in Central Court.


Five people — Tiffanie Dominech, 26, of 103 Belvedere Ave.; Jeffrey Sampson, 22, of 4360 William Penn Highway, Easton; James T. Blake, 17, of 100 Belvedere Drive; Malik McDonald, 23, of 419 S. Webster Ave.; and Gregory J. Bell, 30, of 108 Belvedere Drive — were charged with plotting to rob 35-year-old Danny Gonzales, of Rear 419 Gallagher Court, on Dec. 11.

Mr. Sampson entered the residence with a Tec-9 semiautomatic handgun and fired several rounds before it jammed, police said. Mr. Gonzales returned fire with his .45-caliber handgun. When the intruders fled out a door, Mr. Gonzales followed and allegedly fired several more shots.

Mr. Sampson, Mr. Blake and Mr. McDonald were charged with robbery and criminal attempt to commit robbery. Mr. Bell and Ms. Dominech were charged with criminal attempt to commit robbery.

Mr. Gonzales is facing a reckless-endangerment charge because he allegedly fired several shots at the would-be robbers.
A preliminary hearing for Mr. Sampson, Mr. Blake, Mr. McDonald and Mr. Bell began March 4 with Mr. Gonzales taking the stand to testify about the alleged break-in at his home. The hearing stalled, however, when Ms. Dominech declined to testify for the prosecution without her attorney present.

Before the hearing got under way Monday, Deputy District Attorney Margaret Bisignani had several private discussions with defense lawyers for the men. Soon after, all four men waived their rights to a preliminary hearing.

There are plea offers on the table for several of the defendants, but Ms. Bisignani said “all negotiations are preliminary.”

Contact the writer: enissley@timesshamrock.com

DC........

[CZ40P]

I remember when this was first reported in the Scranton Times. I had the luck of having listened to part of the saga on my police scanner.
There was a previous altercation between these parties earlier in the night, at a different location. This episode was the epilogue
There is a lot that is not being told in court and the paper. Specifically, what was the "product" the perps were looking to steal? I would be willing to bet, this was more of a turf war than a plain old rip-off.

We on this and other second amendment oriented sites has a tendency to side with a guy with a permit without question.

I think this is one of those incidents that needs to have the wheels of justice sort out the facts before I presume to take sides

[ham385]

Mr. Sampson entered the residence with a Tec-9 semiautomatic handgun and fired several rounds before it jammed, police said. Mr. Gonzales returned fire with his .45-caliber handgun. When the intruders fled out a door, Mr. Gonzales followed and allegedly fired several more shots.

Mr. Sampson, Mr. Blake and Mr. McDonald were charged with robbery and criminal attempt to commit robbery. Mr. Bell and Ms. Dominech were charged with criminal attempt to commit robbery.

Mr. Gonzales is facing a reckless-endangerment charge because he allegedly fired several shots at the would-be robbers.

DC........

First, let me qualify by saying that I know I need to learn the law better. I'm sure you guys will correct me, but as I understand; This guy Sampson committed a violent felony. If Mr. Gonzales had taken the stance that he was trying to effect an arrest, but the arrestee wouldn't stop, he was justified in shooting???? I wrote enough sworn statements in the past to know it's all in the wording 'I shot to stop...' not 'I shot to kill...' or 'I shot because I was pissed...' or even 'I shot to wound...'

Reckless endangerment is a pretty sloppy charge though, it tells me they want to slap him, but don't really have anything concrete. I'm guessing it's endangerment of the neighbors???

So I'm curious, how did I do on my first armchair QB?