Armed citizens making a difference thread.

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Prosecutors: June fatal shooting on Saginaw Highway was self-defense
Police investigate the scene of a fatal shooting on Saginaw Highway between Canal and Creyts road on Monday, June 15, 2020, in Delta Township.
CHARLOTTE — No charges will be filed against a man who shot and killed Ronnie Holmes after Holmes walked up to the man's vehicle and pointed a gun at him, according to the prosecutor's office.

Prosecutors determined the man acted in self-defense when he saw Holmes point a gun at him, according to a seven-page press release from the Eaton County Prosecutor's Office.

"Staring at a gun that Holmes was pointing towards him, (he) was forced to make a split-second decision," the release read.

Holmes, 26, of Walker, was killed at 8:25 a.m. June 15 on Saginaw Highway in Delta Township, after he walked in and out of traffic on the highway, stepping in front of vehicles and firing a gun in the air, more than a dozen witnesses told police.

Several 911 callers and witnesses said Holmes brandished a gun in their direction and punched their vehicles, according to the release.

The 22-year-old Delta Township man who shot Holmes said Holmes stepped in front of his vehicle, forcing him to stop, according to the release. He told police he saw Holmes pointing a gun at him and muttering something before walking to the driver's side window.

The driver, who has a concealed pistol license, took his gun out of his glovebox as Holmes stepped toward his window, according to the release. He fired his pistol through the closed window until it was empty.

When Holmes fell to the ground, the driver reloaded his gun with a spare magazine and stepped out of the vehicle, but did not fire any more shots, according to the release.

A witness who approached Holmes after he had been shot said the driver said, "Why did you do that, I didn't want to shoot you," according to the release.

Holmes was shot nine times, according to the medical examiner.

Police found Holmes' gun empty near his body, as well as six shell casings scattered along the highway.

Earlier that morning, a man delivering vehicles at the nearby Champion Chrysler dealership spoke to Holmes as he left the dealership, according to the release. He said Holmes was pointing at him, and when he rolled down his window, Holmes showed him a gun and said he was "protesting against people like (him) that were taking food from his family."

Holmes told the man multiple times he was armed, but he didn't want him to be scared.

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https://www.fox19.com/2020/12/22/fam...-year-old-son/

Shooting Victim Identified, Ruled Self Defense: Gwinnett Police
Gwinnett County investigators said a Milwaukee woman who was found shot dead Wednesday in Dacula had tried to rob a nearby homeowner.

Jim Massara, Patch StaffVerified Patch Staff BadgePosted Thu, Oct 1, 2020 at 11:22 am ETUpdated Thu, Oct 1, 2020 at 12:07 pm ET
Gwinnett County Police said that Azahni Ellis, 27, of Milwaukee, Wisconsin, was killed in self-defense after she tried to rob a Dacula, Georgia, homeowner.
Gwinnett County Police said that Azahni Ellis, 27, of Milwaukee, Wisconsin, was killed in self-defense after she tried to rob a Dacula, Georgia, homeowner. (Gwinnett County Police Department)
DACULA, GA * Gwinnett police have identified the woman found shot to death Wednesday morning in a car in front of a Dacula church.

Gwinnett County Police investigators said that Azahni Ellis, 27, of Milwaukee, Wisconsin, had been invited into a home near Christ the King Church on Rabbit Hill Road.

"At some point, Ellis attempted to rob the homeowner and shot at him as he attempted to flee the residence," said Gwinnett police spokesperson Cpl. Collin Flynn.

After Ellis tried to force her way back into the house through the front door, the homeowner shot her. She later died in her car across the street at the entrance to the church's parking lot.

Gwinnett County investigators determined the shooting to be in self-defense, Flynn said. No charges were filed against the unidentified homeowner.

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https://news3lv.com/news/local/murde...-near-his-home


Killing of teen who fired gun near local home ruled self-defense, murder charges dropped
LAS VEGAS (AP) —
Edward Croaker, was accused of shooting and killing a 17-year-old in 2019. (Photo: Henderson Police Department)
The Clark County district attorney’s office in Nevada dismissed a murder complaint against an Army veteran in the killing of a teenager.

District Attorney Steve Wolfson said Edward Croaker acted in self-defense when he killed 17-year-old Kory Lino in an alley behind Croaker’s house in December 2019.

Lino and another teen had fired a pistol near Croaker’s home in the Las Vegas suburb of Henderson, prosecutors said. Croaker told Henderson police at the time that he feared for himself and his family and returned fire.

Police said they arrested Croaker after initially concluding that no shots had been fired into Croaker’s house and that the teens were running away from the home when Lino was shot in the head.

Lino’s body was found 90 feet (27 meters) away from Croaker’s bedroom window.

RELATED | 44-year-old Henderson man charged in shooting death of 17-year-old

“We could not prove beyond a reasonable doubt that he committed the crimes he was charged with,” Wolfson said of Croaker.

The case was dismissed on Sept. 21.

Croaker “was always sympathetic to (Lino’s) family, that they lost someone, but he always felt that he did what anyone would do in that scenario in defending his house and his family,” Croaker’s defense attorney Abel Yanez said.

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https://www.eastidahonews.com/2020/0...-self-defense/

Ada County prosecutor reaffirms Lemhi County shooting was self-defense
Grace Hansen, EastIdahoNews.com

Grace Hansen, EastIdahoNews.com
Published at 10:22 am, May 13, 2020 | Updated at
10:26 am, May 13, 2020
SALMON * On June 23, 2019, in Salmon, someone called 911 at 2:30 a.m. to say three people had been involved in a fight, and one of them, 28-year-old Zachary Stinson, was dead.

When police arrived, they discovered Jesse Peterson, one of the men involved in the fight, shot Stinson once in the neck, killing him. After Idaho State Police finished their investigation, they turned the case over to the Lemhi County Prosecutor*s Office.

Peterson said he was involved in an argument with Stinson. He admitted to firing the shot that killed him. But, according to investigative documents, all of his actions were taken in self-defense. No charges were filed against Peterson, and he was never arrested.

Peterson*s claim of self-defense is valid under Idaho law.

On Feb. 21, 2020, Ada County Chief Criminal Prosecutor Scott Bandy sent a letter to the Lemhi County Prosecutor*s Office regarding the case.

Bandy wrote, *Given the nature of the events, the location and ownership of the property, the verbal threats made by Zachary Stinson accompanied by the apparent ability to carry out the threat to kill Jesse Peterson, and the current state of all of the evidence available; the State would not be able to meet its burden to overcome Jesse Peterson*s right to self-defense, defense of property, and/or other defenses beyond a reasonable doubt.*

Ada County is involved because Lemhi County prosecutors asked them for a *conflict review.* According to state law, a conflict review is necessary when a public or elected official has or could have a conflict of interest regarding the case. A conflict of interest could be anything from friendship with one of the parties involved to being related to a witness to having a history with the defendant or the victim.

In the Stinson case, Lemhi County Prosecutor Paul Withers requested a conflict review after speaking with the Stinson family.

*Zach*s family reached out to me and had some concerns that I may or may not be able to review the police reports unbiasedly,* said Withers. *So as a courtesy to them, I asked Ada County, and they were nice enough to do the review.*

Ada County prosecutors received all the evidence and came to the same conclusion as Lemhi County.

In Idaho, state code categorizes self-defense as *justifiable homicide.* The code goes on to give an example of homicide being justified when it was committed to resist *any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person.* Therefore, in the Stinson case, the state decided not to arrest Peterson because he argued he committed the homicide of Stinson to resist his own murder or great bodily injury, according to court documents.

Stinson*s family, however, believes that justice has not been served. They created a Facebook page in Stinson*s memory called *Justice for Zachary.* On February 28, one post on the page read, *Zach, we make a promise to you* It*s time to step up and make those responsible, accountable*and we will go to the ends of the earth to do so, even if it means playing an integral role ensuring another innocent victim such as yourself has a voice.*

Currently, according to available documents, there are no plans to prosecute Peterson.

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https://www.fox10tv.com/news/us_worl...908945c66.html

No charges for business owner who claimed self-defense in fatal shooting of protester
(WOWT/CNN/Meredith) -- A business owner in Nebraska won't face charges for shooting and killing a man over the weekend. The business owner said he was defending himself during a physical altercation with the man he shot.

The shooting occurred Saturday during unrest and protests in Omaha. Part of the incident was caught on camera.

Old Market Bar owner Jake Gardner shot and killed 22-year-old James Scurlock during a 20-second scuffle on the ground.

Douglas County Attorney Don Kleine said he's looked at all the evidence available and determined the shooting was self-defense.

After three days of protests, two of which were violent, Kleine said he knew the decision would be unpopular.

"It can’t be based on emotions, it can't be based on anger, it can't be based on any of those things, but I hope this great community we live in would be able get through this,” Kleine said.

The video shows bar owner Gardner’s 68-year-old father violently shoved to the ground by one of the protesters. Gardner tries to figure out who did it. Shortly after, two people jump on Gardner’s back.

There's a struggle in the street, and Gardner fires two shots. Eleven seconds later, Scurlock jumps on the back of Gardner and they wrestle in the street.

“[Gardner] said the initial shots by his version of events -- again this is his version -- were warning shots to get somebody off of his back, that another individual jumped on him, attacked him, that he was doing a choke hold on him, that he begged and pleaded for him to get off. He thought the guy was trying to get his gun and was in danger of losing his life or some serious bodily injury, so he fired that shot in self-defense,” Kleine said.

An attorney representing Scurlock’s family expressed disappointment with the decision not to file charges. The attorney is asking for a grand jury to be formed.

Authorities released Gardner from custody late Sunday night. He could still face misdemeanor charges, including having an expired concealed carry permit for his firearm.

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https://www.wwltv.com/article/news/l...9-5ac98883a776

New Orleans East store clerk fires back & kills gunman in self-defense: NOPD
The dead man went behind the business' front counter, pointed a gun at store employees, threatened to hurt them and opened fire. A store clerk shot back, killing him


NEW ORLEANS * A gunman was killed after trying to rob a New Orleans gas station East Tuesday night, police said.

The gunman walked into the gas station, got a drink and walked to the register before going behind the front counter and opening fire at store clerks, police said.

An employee fired back, hitting the gunman and killing him, a release from the New Orleans Police Department said.

Juan Barnes with NOPD's Public Affairs Division said killing the gunman was a "justifiable homicide," meaning it was in self-defense according to Louisiana law.

The shooting happened in the 6500 block of Morrison Road in New Orleans, where the road meets the I-10 Service Road, a release from police said.

"A store employee produced a gun and exchanged fire with the armed subject. The armed subject was struck and later died on scene, as a result of injuries sustained in the shooting," Barnes said. "The NOPD has determined this incident to be a justifiable homicide."

Anyone willing to share information that can help police in the investigation can call CrimeStoppers at 504.822.1111 or toll-free 1.877.903.7867

After an autopsy, the Orleans Parish Coroner*s Office will release the gunman's name and the official cause of death but not before getting in touch with the gunman's family.

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https://www.azcentral.com/story/news...se/3507702001/

Family of Buckeye man killed in self-defense shooting say law enforcement's slow response led to death
Isidro Meza, 44, died the evening of March 10 after he was shot following a dispute, according to the authorities.
The family of a Buckeye man killed in what officials describe as a self-defense shooting have filed a notice of claim alleging the Buckeye Police Department and Maricopa County Sheriff's Office slow response resulted in the man's death.

Isidro Meza, 44, died the evening of March 10 after he was shot following a dispute, according to the authorities. One man was arrested in the shooting. However, the Maricopa County Attorney's Office declined to press charges in July, stating that Meza was shot "in self-defense."

But the notice of claim — which serves as a precursor to a lawsuit — submitted by attorney Fabian Zazueta on Sept. 8 argues that law enforcement's "negligence" in responding so belatedly to the incident is in part to blame.

Officers didn't arrive until he was already dead, the notice of claim alleges. This was after several 911 calls were made in the hours prior to the shooting.

The notice also introduces two new witnesses to the March 10 incident whose testimony called into question the claim that Meza was shot in self-defense.

"They just neglected this case since that first call (to 911) was made," Meza's wife, Evangelina Meza, told The Arizona Republic. "If they had come ... if they had deescalated, my husband would be here."

The lawsuit seeks a settlement of $950,000 from the Maricopa County Sheriff's Office and Buckeye Police Department, who, Zazueta argued, "deprived Eva a life with her husband" and "damaged Isidro’s minor children who will no longer have the love, care, and affection of their father."

The agencies have 60 days from the date of the filing to respond to the notice, which will proceed to a lawsuit if the two parties do not reach a settlement.

Notice alleges multiple calls made to 911 as man 'harasses' family

The notice disputes the argument that Meza was shot in self-defense, instead contending that he and his family had been repeatedly harassed by a man in their neighborhood — the same man eventually arrested after Meza's death. The notice alleges that on these other occasions, both the Sheriff's Office and police were called, but no officer had ever been dispatched.

The Republic has opted not to name the man as he has not been formally charged with a crime.

Tensions culminated when a confrontation reportedly broke out between Meza's sons and the man over a lost dog on the morning of March 10.

That's when the first call to 911 was made, Evangelina Meza said. A total of three calls were made with the last occurring around noon. No officers were dispatched that morning, according to Meza.

Both law enforcement agencies declined to comment on the notice of claim and the allegations within it due to the pending litigation.

The first witness allegedly saw the man taunt and threaten one of the sons before they returned home. The witness also spoke with the man, who allegedly told her, "It's not done, it's not over yet."

Armed with a shotgun, he and another man headed to the Meza residence later on, the notice continues.

Around 5 p.m., Meza was shot. The notice says that a second neighbor at this point witnessed the man shoot at Meza four times while he was laying on the ground.

Only after Meza was shot and lying on the ground did law enforcement arrive.

"The MCSO and/or the Buckeye Police Department directly, and proximately, caused Isidro to suffer injuries by failing to dispatch officers to the Meza’s home and protect Isidro from (the neighbor)," the notice states.

Alongside negligence, the notice also accuses the agencies of gross negligence, wrongful death, negligent supervision/training/hiring, and other claims.

"It's just disgusting," said Evangelina Meza. "I have nothing. It's just been negligence after negligence."

Body-cam provides audio from shooting

In footage taken from the body-worn camera of the man who shot Meza shared with The Republic by the County Attorney's Office, the man can be seen walking with a friend up and down the street where the Mezas lived.

The video is largely obscured by the man's shirt, as the camera was clipped to his belt.

A profanity-laden exchange between Meza and the man leads to proposals to physically fight in the street, the video shows.

It's unclear what happens next, but it appears the man starts running as shots are fired. It's also unclear who fired their weapon first. Meza's actions cannot be seen as they're obscured by the shirt.

The man can then be heard yelling, "Call an ambulance." Then he appears to take out his phone and send a voice message, saying, "I just shot Isidro," before calling 911 and running in the opposite direction toward his house.

"I need an ambulance, shots fired," he told the dispatcher. "I don't know how bad he's shot, he's laying on the ground."

He also told the dispatcher that Meza had "pulled a gun."

Jennifer Liewer, spokesperson for the Maricopa County Attorney's Office, explained that they declined to press charges against the man who shot Meza based on this video, surveillance footage from the area and other evidence.

"In murder cases, we have to prove that the person did not act in self-defense," Liewer said. "We don't believe that we could make that case in the trial, saying that it wasn't in self-defense."

The county coroner's autopsy report found that Meza was shot twice — once in the neck and chest, and once in the leg. It also detailed that Meza "brandished his firearm," at which point the man pulled his and shot Meza.

Liewer declined to comment on the allegations that the Sheriff's Office and Buckeye Police Department delayed in their response to emergency calls, citing pending litigation.

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https://www.theoaklandpress.com/news...9eada82c3.html

Sheriff: Man shot dead in Pontiac, possible self-defense case
An investigation is underway to determine if a 26-year-old Pontiac man acted in self-defense when he fatally shot a 34-year-old man at a party store in the city Thursday night after being physically attacked.

According to the Oakland County Sheriff*s Office, it was shortly before 11 p.m. when deputies and Star EMS responded to the Huron Liquor Shoppe at 140 E. Huron Street on a report that someone had been shot. The victim was lying on the store*s floor, shot once in the chest and once in the pelvic area, the sheriff*s office said. He was transported to McLaren-Oakland Hospital for treatment and died early Friday morning.

Google Maps screenshot of 140 E. Huron Street
Google Maps screenshot of 140 E. Huron Street
Google Maps
The sheriff*s office said the store*s security camera footage shows the suspect was buying merchandise when the victim walked in and began punching him repeatedly. The two then began to physically fight and leave the camera-view into one of the aisles. Customers can then be seen ducking and running away, possibly after hearing gunshots. The suspect then paid for his items and left the store.

While deputies were at the scene, the suspect*s mother called the Sheriff*s Operation Center to report that her son had come home and told her he had shot someone who had attacked him at the party store, the sheriff*s office said. Deputies went to the home in the 100 block of Vernon Drive and took him into custody.

The man has a valid license to carry a concealed pistol, the sheriff*s office said. Deputies took a firearm believed to have been used in the shooting as evidence.

Results of the investigation will be submitted to the Oakland County prosecutor who will determine if the shooting was justified as self-defense.

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https://krcrtv.com/north-coast-news/...e-man-released



Blue Lake shooting determined to be self-defense, gas station employee released from jail
BLUE LAKE, Calif. —
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Humboldt County sheriff's deputies said Wednesday they determined a man who was arrested in connection to a homicide in Blue Lake acted in self-defense.

Deputies said 39-year-old Mark Anthony Nelson, an employee at the Patriot gas station on Blue Lake Boulevard, shot a man who was robbing the business on the night of July 2. Around 9:45 p.m. the Humboldt County Sheriff's Office was dispatched to a report of a possible armed robbery with shots fired. Deputies found a man on the ground outside the business with a gunshot wound to the chest, and despite lifesaving efforts, he died at the scene, officials said.

The sheriff's office identified the man who was killed as 53-year-old Jeffrey Allen Kirwan of Santa Rosa through fingerprints, according to officials. Nelson Jr. had initially been arrested on murder charges that night and was booked on a no-bail status, according to officials.

North Coast News was live at the scene the night of July 2:

Deputies said they learned Kirwan approached Nelson and a patron, who were outside the business, displaying what appeared to be a gun. Nelson and the bystander ran, and Kirwan robbed the business, officials said. Kirwan was shot as he left the business, according to the HCSO.

Investigators interviewed witnesses and reviewed surveillance footage inside the business. The gas station did not have functioning surveillance cameras outside, where the shooting occurred, "thus complicating the situation," deputies said.


The scene of an armed robbery that ended in a homicide July 2 in Blue Lake

Investigators also served a search warrant at the Patriot, which led them to find a stolen gun concealed inside the business, they said.

According to deputies, Nelson Jr. denied shooting the suspect in his initial statement, and provided information inconsistent with the evidence at the scene. Deputies said through further investigation, they determined Nelson Jr. made efforts to conceal the gun before law enforcement arrived.

"A bullet consistent with evidence collected at the scene was located in Nelson Jr.'s pocket during a search of his person," the HCSO said.

On July 7, Nelson admitted he shot the robbery suspect, and said it was in self-defense, according to the HCSO.


Mark Anthony Nelson Jr., 39

"Based upon the continued investigation and the totality of evidence reviewed to-date, investigators have determined Nelson Jr. to have acted in self-defense," the HCSO said.

Nelson Jr. was released from the Humboldt County Correctional Facility.

The Humboldt County district attorney also released the following statement:

Humboldt County District Attorney (DA) Maggie Fleming has declined to prosecute the employee of the Patriot Gas Station in Blue Lake for killing the person who robbed that business on the night of July 2, 2020. The employee has stated he acted in self-defense. No witness statements or other evidence contradict that assertion. The employee also stated he possessed a gun in response to a recent prior robbery at his workplace. In reaching her decision before the person arrested had to be either charged or released – within 2 court days of their arrest – the DA benefitted from a complete and efficient investigation by the Humboldt County Sheriff’s Office.
The HCSO said officials have also determined Kirwan is a possible suspect in a robbery in Trinidad the same week. The investigation into that case is ongoing.

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https://www.courierpress.com/story/n...ed/5981017002/

Evansville city contractor will not be charged for shooting of alleged attacker
EVANSVILLE, Ind. * A contractor working for the city's Evansville Land Bank Corp. will not be charged after shooting a man Thursday while inspecting a house on Fares Avenue.

Evansville Police Department spokesman Sgt. Nick Winsett said detectives determined the contractor was acting in self defense when he fired his handgun, which he had a permit to carry.

"He was clearly justified. There was no other recourse. He was being attacked," Winsett said.

He said police conferred with the Vanderburgh County Prosecutor's Office in the decision.

More:Woman sentenced to probation after pleading guilty in Hannah Potts abduction hoax

More:Sheriff's Office: Driver in Warrick hit-and-run later crashed into creek

Kelly Coures, executive director of the Evansville Department of Metropolitan Development, said the contractor is a retired building inspector who was examining the vacant house in the 1700 block of Fares Avenue for cisterns before it is demolished.

The contractor noticed a board covering a window had been pried open and was getting tools from his truck to fix it when a man confronted him about being on the property, Winsett said.

The man is believed to have been a nearby resident and not a homeless person squatting in the vacant house, Winsett said. Although the contractor attempted to explain what he was doing, the man became agitated and attacked him.

At that point the contractor took out his 9 mm pistol and fired at the man attacking him. He then called 911 to report that he had shot someone.

"He definitely feared for his life," Winsett said.

The shooting victim was taken to an Evansville hospital and then flown to Indianapolis for treatment, Winsett said, but his condition wasn't known Monday.

The Evansville Land Bank Corp. was formed in 2016 to demolish or rehabilitate dilapidated residential structures acquired through tax foreclosure or other methods, and return them to productive use.