Armed citizens making a difference thread.

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http://www.starbeacon.com/news/local...003bd9a84.html

No indictment in shooting death
By SHELLEY TERRY sterry@starbeacon.comDec 19, 2018
JEFFERSON — An Ashtabula County grand jury determined Tuesday that a Madison man should not be prosecuted in the shooting death of prominent area business owner, Terry W. Benson Jr., of Plymouth Township.

Kevin Dale Kettlewood, 47, of Madison, was charged with voluntary manslaughter after the Sept. 28 shooting in Saybrook Township. Ashtabula County Sheriff's deputies arrested Kettlewood on the scene shortly after the incident. He faced three to 11 years in prison if convicted in the death of Benson, also 47.

While the case was pending in Ashtabula Municipal Court, all evidence was presented directly to the grand jury, Ashtabula County Prosecutor Nicholas Iarocci said Wednesday in a release.

After reviewing all of the evidence in this case, the grand jury determined that insufficient probable cause existed to support the filing of criminal charges against Kettlewood and returned a "no bill," Iarocci said.

"It appears the primary basis for the grand jury's decision is that Mr. Kettlewood's use of deadly force by shooting Mr. Benson was justifiable since he exhibited a bona fide belief and had reasonable grounds to believe, even if mistaken, that he was in imminent danger of death or great bodily harm and his only means of escape was by taking the life of Mr. Benson," Iarocci said in the release.

According to Ohio law, voluntary manslaughter, a first-degree felony, occurs when a person intentionally kills another but acted out of passion or anger brought about by some cause and before he or she had a reasonable time to calm down. The difference between that and murder is premeditation, according to Ohio law.

At the time of the incident, Kettlewood was seeing Benson’s ex-wife and the two men got into a verbal confrontation while Benson was retrieving some property at 2925 W. Prospect Road.

When police arrived on the scene, they found Benson shot multiple times and on the ground, according to police reports. He was pronounced dead about 45 minutes later at Ashtabula County Medical Center.

During Kettlewood's arraignment in October, his attorney Malcolm Stewart Douglas said the victim had a gun and threatened him with it.

"My client did the only reasonable thing,” he said at the time.

Ashtabula City Solicitor Michael Franklin said Wednesday he was only privy to the initial report and not the forensic test results and the detailed field work.

"Probable cause existed for the initial filing of a charge of voluntary manslaughter, but I can understand the grand jury decision, especially if it turned on the issue of self defense," he said. "At trial, the prosecution would have to prove guilt beyond a reasonable doubt, while the accused would only need to show that it is more likely than not that he acted in self defense. Unless the forensic evidence utterly disproved such a claim, getting a jury to convict would be extremely difficult if not impossible."

Franklin said none of that should be taken as expressing approval of Kettlewood's actions or condemnation of Benson.

"I was not there and I do not know exactly what led up to Mr. Kettlewood's decision to use deadly force," Franklin said.

Iarocci said his office is appreciative of the Sheriff's Department, Ohio State Highway Patrol and the County Coroner's Office for their "professional and thorough work" in investigating the case.

"We offer our sincerest condolences to the family and friends of Terry W. Benson Jr. for their loss," he said.

Franklin also extend his sympathies to Benson's family and friends.

Benson was a father of two and president of TW Benson Trucking.

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https://www.roanoke.com/news/crime/r...77ebaea5d.html


Roanoke County woman acquitted of voluntary manslaughter in 2017 shooting

A judge acquitted a Roanoke County woman of voluntary manslaughter Wednesday after a swift bench trial, concluding that her decision to shoot a man from inside a pickup truck was in self-defense.

Dawn Marie Guilliams, 39, of Catawba shot and killed Jonathan Dewayne Hutchison of New Castle near the Catawba-area intersection of Virginia 311 and Newport Road (State Route 624) in May 2017. She was arrested and charged five months later.

Guilliams pleaded not guilty to voluntary manslaughter. A jury trial had been scheduled for Roanoke County Circuit Court four separate times this year — including as recently as Wednesday morning — but all were withdrawn.

Guilliams instead opted against a jury trial and stood before Judge Charles Dorsey on Wednesday afternoon.

The verdict came within 30 minutes. Dorsey told Guilliams’ attorney, Tony Anderson, that he’d already reached his decision before Anderson’s turn to speak in his client’s defense.

The case was unusual, Dorsey said, considering the lack of dispute about the facts of the case. The prosecutor, Deputy Commonwealth’s Attorney Nate Griffith, argued that Guilliams’ use of deadly force was excessive.

On May 9, Guilliams and three others were traveling from Craig County through Roanoke County in a pickup truck with a back window of plexiglass secured by duct tape. Hutchison had been involved in a domestic dispute with one of the passengers and was following the truck closely in his vehicle, Griffith said.

Guilliams was a passenger in the back seat of the truck’s cab, according to the evidence discussed in court.

At one point during the incident, Hutchison bumped into the rear of the truck with his vehicle, according to the evidence discussed.

Hutchison continued to follow the pickup but later crashed. He got out of his vehicle and an altercation ensued, according to a county police news release issued at the time.


Griffith contended that while the evidence suggested Hutchison had threatened to kill occupants of the truck while trying to enter the rear of the truck, Guilliams’ use of deadly force was not necessary.

Hutchison did not have a gun or any other weapons once he left his vehicle, Griffith said.

The type of gun used by Guilliams was not discussed during the trial.

But Dorsey said the threat to Guilliams’ safety appeared imminent. “What should she have done?” Dorsey asked.

Griffith argued that while Guilliams’ movement was limited, she had other options to avoid fatally shooting Hutchison.

Dorsey contended that Guilliams was “essentially trapped” in the back of a truck, worse off than if she was in a dark alley, before she fired the weapon from inside the vehicle.

Dorsey said no matter the verdict, there “is no good resolution,” as any cases involving death are “unavoidably tragic” and affect the lives of many.

But Dorsey said no evidence suggested beyond reasonable doubt that Guilliams was not acting in self-defense.

Anderson said he felt the court’s decision was “spot on,” and shared his sympathy for Hutchison’s family.

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https://ktvl.com/news/local/man-clea...oting-in-selma

Man cleared in fatal self-defense shooting in Selma
SELMA, Ore. —

A man was cleared by a Josephine County grand jury Thursday in the shooting deaths of two men after it was determined the shooting was self-defense.

At about 12:30 a.m. on July 27, Oregon State Police responded to a shooting on Highway 199 near Reeves Creek Road in Selma.

They found two Cave Junction residents Matthew J. Cortez, 28, and Jesse Swift, 28 , both shot to death on the road.

Jesse McCrea was detained but not charged in the shooting.

On December 20, a grand jury was presented with the case by the Josephine County district attorney.

They determined there wasn’t enough evidence to disprove the shooting was done in self-defense. However, they indicted McCrea for driving under the influence of intoxicants.

“It must be noted,” Chief Deputy District Attorney Lisa Turner said, “that the use of physical force and/or deadly physical force is analyzed on a case-by-case basis. In each case involving the use of self-defense, a fact-specific inquiry into the reasonableness of the use of self-defense must be made to determine if such actions are justified under Oregon law.”

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https://www.sun-sentinel.com/local/b...219-story.html


Man says he shot roommate in self-defense, but feels 'very bad' about his death
Wayne K. Roustan and Tonya Alanez
Rick Lane
A 63-year-old Dania Beach man says he awoke to his roommate pointing a gun at him, so he drew his own weapon — and pulled the trigger.

Now Jonathan Miller, 31, is dead and Rick Lane said he feels pretty terrible about it.

“It’s very bizarre taking someone’s life,” Lane told the South Florida Sun Sentinel. “I’ve known this kid a long, long time and I felt very bad about it.”

Lane said the shooting was in self-defense. He “walked in my room in the middle of the night with a gun, told me I had to take him out for something to eat and when I refused he raised the gun up,” Lane said.

It was nearly 2:30 a.m. Wednesday.

“I had a gun of my own,” Lane said. “He lost.”

Lane said he shot Miller three times but didn’t know where he hit him. Miller ran away and collapsed in the hallway of Lane’s two-bedroom home.

That’s where Broward Sheriff’s deputies found Miller when they got to the house in the 5100 block of Southwest 28th Avenue, south of Griffin Road and west of Interstate 95.

This booking photo from a 2010 arrest shows Jonathan Miller, now 31, who was fatally shot during what his roommate described as an armed dispute. (Broward Sheriff's Office, courtesy)
“I don’t think I’m going to be charged because he had a gun,” Lane said, through a window screen at his home. “It was self-defense. I said, ‘Stop pointing the god---- gun at me,’ and he wouldn’t.”

Detectives are still investigating the shooting. Lane rented a room to Miller so that he could help while the older man recovered from health issues, he said. “He was supposed to be here helping me through this hard time with my health.”

Investigators urge anyone with information to contact Detective Jeffrey Curtis at 954-321-4200.

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http://www.wistv.com/2018/12/11/rcsd...charges-filed/

RCSD: Deadly shooting on Providence Plantation Cr. was in self defense, no charges filed

COLUMBIA, SC (WIS) - Richland Country Sheriff’s Department officials say that no charges will be filed in the shooting death of a man who was struck in the upper body on Nov. 3.

After investigating the incident and consulting with the 5th Circuit Solicitor’s Office, investigators say the incident is considered to be in self-defense.

No criminal charges will be brought in this case at this time, according to RCSD.

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https://lbpost.com/news/crime/self-d...oting-stepson/

Citing self defense, DA won’t charge Lakewood planning commissioner with shooting stepson
Jeremiah DobruckNovember 30, 2018
A Lakewood planning commissioner won’t be charged with a crime for shooting his stepson in the leg after he was “almost beaten to unconsciousness” by the stepson, prosecutors decided earlier this month.

Robert Quarto, 62, shot his 32-year-old stepson on Sept. 19 after the stepson threatened to kill him, according to a Nov. 15 memo from the Los Angeles County District Attorney’s office.

The decision not to press charges was first reported by the Press-Telegram, which noted that Quarto’s wife Linda also serves on the Community Safety Commission and that the couple owns Foggia Italian Market & Deli in Lakewood.

The memo says the stepson has a history of attacking Quarto and assaulted him about half an hour before the shooting.

Quarto was able to run out of the house where the attack was happening, but when the two came into contact again, the stepson threatened to kill Quarto, prompting Quarto to shoot him twice in the knee to stop him from getting any closer, according to the memo.

Jail records show Quarto was arrested that night and later released on $50,000 bail, but the memo said authorities concluded Quarto should not be charged.

“Suspect fired two bullets in self defense and not to kill, at victim’s legs,” it says in part.

The memo noted that both Quarto and his stepson should have both been arrested that night because there was an element of mutual combat.

It wasn’t clear if charges were ever considered or filed against the stepson. His name was redacted in the memo.

Lakewood officials couldn’t be immediately reached at City Hall, which is closed on alternating Fridays. A message left with an employee at the family’s business wasn’t immediately returned.

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https://www.sunherald.com/news/local...222448125.html

Kiln mother shot and killed her son in self-defense, investigator says

A Kiln woman faces no charges after killing her 21-year-old son in a shooting that’s being ruled a matter of self-defense, a Hancock County sheriff’s official said.

Matthew Taylor Boudan, 21, had a history of being abusive to his parents and had become increasingly abusive, Chief Investigator Glenn Grannan said.

His mother shot him Friday morning at the family’s home on Cameron Drive, off Rocky Hill Dedeaux Road, Grannan said.

Boudan’s parents had obtained a restraining order against him but the order was no longer valid because the parents had brought him home after he had been arrested in Louisiana, Grannan said.

The shooting occurred just before 8 a.m.

“His mother had just asked him to keep the refrigerator closed because he kept leaving it open,” Grannan said.

“He started damaging things in the kitchen and threatened to kill his mother,” he said.

“Then he grabbed a knife and threatened her, and his dad intervened, but he followed his mother into the bedroom so she shot him.”

Another relative has corroborated reports of increasing abuse toward his parents, Grannan said.

The homicide will be presented to a grand jury as a matter of concern. But for now, it’s considered a justifiable shooting, he said.

[internet troll]

https://www.wsaz.com/content/news/Ma...502125651.html

UPDATE: Woman allegedly kills ex-boyfriend trying to break into her home
WSAZ News Staff, Dan KleinThu 9:34 PM, Dec 06, 2018

SCIOTO COUNTY, Ohio (WSAZ) – UPDATE 12/7/18 @ 4:45 p.m.
A woman threatened in her home killed her ex-boyfriend trying to break into that home, investigators say.


Scioto County Sheriff's detectives say the body of Michael Bashaw, 34, was found in the backyard by a deputy after she called 911.

Investigators said the woman's only way of contacting the outside world had been cut. Evidence currently points to self-defense, and deputies believe Bashaw could behind several other crimes.

The serenity of the 3700 block of Mackletree Road ended with a shot around 11 a.m. Thursday.

Deputies said Michael Bashaw, of West Portsmouth, came to his ex-girlfriend's home pounding on the front door and pounding on the back door.

"She knew who it was," said Det. Adam Giles.

She said he then started to take the screen off a back window.

With no cell service in this area, her only way to communicate with the outside world, the internet cable was cut.

Investigators say the woman fired her .380-caliber handgun, hitting Bashaw once in the chest and then running to a neighbor's house to call 911.

"She stated he was going to kill her. He actually said that to her," Giles said.

The two broke up at the beginning of the year.

He was convicted of a making a domestic threat in March. There was a protection order issued in July, but it ended in September when neither one of them showed up for a court hearing.

"Most of our violent physical assaults do come from people who know each other, a domestic situation rather than just random violence," Giles said.

Deputies were called to the same home on Tuesday. It looked like someone tried to break in both the front and back doors and also cut the internet cord.

That was fixed Wednesday.

There was also a break-in elsewhere in the neighborhood Tuesday. Bashaw was the suspect for both.

But Thursday, the victim, a woman in her 20s, was home alone while her mother was at work.

"You have the right to defend yourself in your own home,” Giles said. “Absolutely."

No one came to her door Friday.

Deputies aren't sure how Bashaw got there. It's 12 miles from his listed address in West Portsmouth.

They also hope to use his cellphone to track his movements as they investigate further.

The case will be forwarded to the Scioto County Prosecutor when it’s complete.

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https://www.wpbf.com/article/sheriff...fense/25310591

Sheriff: Woman shoots, kills boyfriend in self defense
Angela RozierSTUART, Fla. —
Martin County Sheriff William Snyder said a Treasure Coast man who was shot and killed by his girlfriend Sunday afternoon was shot in self-defense.

The incident took place in the 100 block of Southeast Trafalgar Terrace near Stuart at 4:48 p.m.

Snyder said the woman had gotten into an argument with her boyfriend, Brock Dion.

Snyder said Dion threw a rock at the woman and then tried to grab her throat.

“The suspect began advancing on the victim with his hands out and she described it as he was going to put his hands around her throat, in a choking hold,” Snyder said.

The victim could be heard on 911 asking for an ambulance and telling the operator her boyfriend was coming at her with a big rock and tried to throw it at her head. She then told the operator she had a conceal-carry permit and had shot him in the chest.

Dave Craine, who lives in the neighborhood where the shooting took place, still can’t believe what happened.

“We don’t have any trouble around because we’re mostly, it’s an over-55-year community,” Craine said.

Snyder said the State Attorney’s Office was contacted and no charges were filed.

“This clearly appears to be, to us, a clear case of self-defense. Stand your ground is a defense that the shooter has to raise, we don’t raise it for the individual who did the shooting. So, If your question to me is, does it look like a Stand Your Ground, I would say that if she raises that as a defense, it would be a good one,” Snyder said.

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https://www.floridatoday.com/story/n...ng/2114320002/

Cocoa police: Laundromat shooting was self-defense
Tyler VazquezUpdated 6:03 p.m. ET Nov. 26, 2018
An early Monday confrontation near a Cocoa laundromat led to a shooting that left one person injured, according to Cocoa police.

Police said the shooter was acting in self-defense when she fired her weapon.

The shooting, which left Antoine Luke with a leg injury, happened about 11 a.m. Monday near the Crest Cleaners & Laundry shop at 1242 Dixon Boulevard. Police responded within minutes to the site.

"There was some sort of confrontation," said Yvonne Martinez, spokeswoman for the Cocoa Police Department. "He had a gunshot to the leg. They had to put a tourniquet on his leg to stop the bleeding."

Police did not immediately release details about the circumstances leading up to the shooting, but Martinez did identify the shooter as 23-year-old D'Montria Davis.

Martinez said Luke and Davis ran into each other outside of the Laundromat and that the two knew of each other from a separate conflict involving relatives. Luke then began using threatening language and swung at Davis, Martinez said.

When Luke refused to back off after being asked several times, Davis shot him in the leg, Martinez said.

Luke was taken to Holmes Regional Medical Center in Melbourne with a gunshot wound, and Davis was cooperating with detectives.

Police are not charging Luke with a crime in connection with the shooting.