New York man kills burglars, is arrested for illegal gun

[internet troll]

Elections have consequences. A lot of people say better judged by 12 than carried by 6. This guy did not have a permit for his gun so off to jail he goes. Unless there is more to the story, he would be fine in most states... but not in New York.

https://romesentinel.com/stories/hom...ntruders,77192

Homeowner kills pair of intruders

TOWN OF DEERFIELD — Two people were shot and killed after they were caught by the homeowner trying to break into a residence on Walker Road in Deerfield Tuesday afternoon, according to law enforcement officials.

The homeowner — Ronald A. Stolarczyk, age 64 — has been charged with illegally possessing the handgun he used to shoot the intruders, state police said. No charges have been filed so far in relation to the two deaths.

According to New York State Penal Law, a person in their home is allowed to use deadly physical force to prevent a burglary by an intruder.

State police said aunt and nephew, Patricia Anne Talerico, 57, of 901 John St., Utica, and Nicholas A. Talerico, 27, of 110 Grove Place, Utica, attempted to break into the residence at 6110 Walker Road at about 2:40 p.m.

“They were in the garage trying to break into the residence,” said state police spokesman Trooper Jack Keller this morning.

Keller said homeowner Stolarczyk “was home” during the burglary attempt and he found the Talericos in his garage, where he shot them both with a handgun. Troopers said Patricia Talerico was killed at the scene, while Nicholas Talerico was able to flee the residence.

Nicholas was given a ride by a private vehicle to St. Elizabeth Medical Center in Utica, where he later died of his injuries, authorities said.

Keller said he did not know the motivation for the burglary attempt. He said Stolarczyk did not know the Talericos personally and the home may have been picked at random.

State police searched Nicholas’ residence following his death, and Keller said they found evidence to indicate he had committed other recent burglaries.

“We found a room with a large amount of items that we believe were proceeds in other burglaries,” Keller stated.

Following the shooting, Stolarczyk was taken into custody and interviewed. State police said they learned that Stolarczyk did not have a permit for his handgun, which is required by state law.

“He didn’t have a legally possessed permit,” Keller explained.

Stolarczyk has been charged with one count of criminal possession of a firearm, a class E felony, troopers said. He was scheduled for arraignment this morning in Utica City Court.

Keller declined to comment on why Stolarczyk had not been charged with the deaths. He instead forwarded all questions to the District Attorney’s Office.

District Attorney Scott D. McNamara did not return calls this morning.

[Hodgie]

If the victim isn't a felon then the 2nd amendment in BILL OF RIGHTS is his permit plain and simple! I hope the national and local gun rights org's pick up on this and provide a legal defense or at least funds for one for the man.

"SHALL NOT BE INFRINGED"

[mixednuts]

something about being tried by 12 something something carried by 6

[internet troll]

More information. Says the gun was the guys dad and he never registered it to himself after his dad died.

https://www.syracuse.com/crime/2019/...ng-to-die.html

Lawyer: CNY homeowner who killed 2 ‘was scared to death, thought he was going to die’
By Elizabeth Doran | edoran@syracuse.comUpdated 3:29 PM; Today 3:10 PM
DEERFIELD, NY - Ronald Stolarczyk was in his kitchen when he heard people talking from what seemed to be inside his attached garage, Stolarcyk’s lawyer told Syracuse.com | The Post Standard Wednesday.

At first, the 64-year-old Oneida County man remained quiet to see if they would go away, said his lawyer, Mark Wolber. But then the homeowner heard them climbing up the stairs from the garage to his kitchen, the lawyer said.

Stolarczyk went around the door to the garage and yelled at them to stop, but one of the two - he thinks the female - kept coming at him, Wolber said.

"He said he was scared to death and thought he was going to die,'' Wolber said. “Yesterday he was minding his own business in his kitchen, and today he’s in jail.”

Stolarczyk’s home had been broken into some time ago, and he’d also read about a case where a homeowner was killed by intruders in Appalachia, Wolber said.

On Tuesday, Stolarczyk picked up the handgun that was on the kitchen counter and fired three to four shots at the intruders, Wolber said. The two fell down the stairs to the bottom, he said.

Stolarczyk went down the stairs and saw one lying on the ground, and the other person had run out, Wolber said. He then called 911, he said.

The two intruders he shot and killed have been identified as Patricia Anne Talerico, 57, and Nicholas A. Talerico, 27, of Utica, according to New York State Police. The aunt and nephew were burglarizing the home at 6110 Walker Road in Deerfield when they were shot by the homeowner, police said.

Oneida County District Attorney Scott McNamara has said it appears the two intruders were unarmed. Wolber said his client didn’t know that they were unarmed or didn’t have time to notice.

Police and the DA have said they don’t know why the two people targeted the home.

Stolarczyk had a cell phone that had no regular service but was able to call 911, his lawyer said. He then went down to the driveway, Wolber said.

A police officer responding to the call found Stolarczyk at the end of the driveway, according to a felony complaint filed in Utica City Court. The officer said he told the man to put down the gun, the complaint said.

The weapon was a 38-caliber Rossi revolver, according to the court papers.

Wolber said his client didn’t know the two intruders, or know what they were after in his house, or if they thought it was abandoned.

Stolarczyk lived in the home with his parents, but they have both died, Wolber said. His dad owned the handgun, and Stolarczyk said he recently discovered it in the home and never registered it himself, he said.

Stolarczyk, 64, has been charged with criminal possession of a firearm, a Class E felony, police said.

In court in Utica, Stolarczyk was arraigned and his bail was set at $15,000, but he doesn’t have the money, Wolber said.

Since his home is still cordoned off as a crime scene with technicians gathering evidence, he told Wolber he had nowhere to go and might as well remain in jail for now, Wolber said.

Wolber said he fully believes Stolarczyk was justified in shooting and killing the two intruders and doesn’t expect any more charges. He plans to ask the district attorney to dismiss the gun charge as well “in the interest of justice.”

He said there also is a statement from a person who drove the two people to the house.

Patricia Talerico was currently on parole for a weapons charge. She was sentenced to 1 1/2 years to 3 years in prison for third-degree attempted criminal possession of a weapon in 2016, according to the state Department of Corrections and Community Supervision records. She was released in June 2018.

She also served time in state prison for grand larceny in 2010; she was released in 2011, state records show.

[GOYABEAN]

Yup two less outstanding citizens that decided to leave FUAC land for greener pastures

[bogey1]

If the victim isn't a felon then the 2nd amendment in BILL OF RIGHTS is his permit plain and simple! I hope the national and local gun rights org's pick up on this and provide a legal defense or at least funds for one for the man.

"SHALL NOT BE INFRINGED"

Agreed. But I'd still like to see his voting record before I pass judgement.

[Hodgie]

Agreed. But I'd still like to see his voting record before I pass judgement.

Constitution applies to all Americans period.
I am not interested in playing politics on who does and does not deserve their civil rights based on who or whether they voted or not.

[Krichardson]

I wonder what becomes of all the apparently stolen goods that was found in the burglar's residence?

[Hodgie]

I wonder what becomes of all the apparently stolen goods that was found in the burglar's residence?

They typically check if any of it was reported stolen from other burglaries in the surrounding area, if so it's returned the owner. It happens but it's rare.

[Jhaydeno]

Contact DA McNamara and let him know what you think of the charges. I reminded him there’s a thing called prosecutorial discretion. I hope the NRA picks up this case and sets an example, beating down New York’s draconian laws. Cuomo and the rest of those dick taters have gone too far.

http://www.ocgov.net/distatty