Man shot, killed at Barnacles; Norcross, GA

**Zef_66** · October 19th, 2007, 04:33 PM

10/19/2007 12:01:00 AM
Man shot, killed at Barnacles
Police: No charges to be filed in incident

By Ryan Crawford
Staff Writer

NORCROSS - A regular patron at the Barnacles restaurant in Norcross was shot and killed early Thursday morning.

The homicide is the 41st in Gwinnett this year - the most the county has ever seen, said Ted Bailey, the chief forensic investigator at the Gwinnett Medical Examiner's office.

"And we've still got 2 1/2 months to go," Bailey said Thursday.

The old record was 40 homicides in 2006.

Detective Jason Carter of the Norcross Police Department said he doesn't expect any charges to be filed in Thursday's shooting death of Juan Ojeda, a 54-year-old Spanish man who regularly goes to Barnacles to play pool.

Ojeda appeared to have been drinking when he entered the restaurant just after midnight and he went to the patio where he asked to join a group of four people who he did not know. The group agreed, but Ojeda soon got on their nerves, Carter said.

When one member of the group said something to Ojeda, he became angry and hit one person and bit another in the neck. Restaurant workers separated the group and Ojeda left and went to his car. Ojeda returned 30 to 40 minutes later with a pistol in hand, Carter said.

People on the deck scattered and one of the patrons had a gun of his own, which he fired as he tried to get away. Carter said it was not an "aimed" shot, but it struck Ojeda in the head, killing him.

The shooter had a concealed weapons permit, and Carter said everything appeared to be in order with that gun.

The general manager of the Norcross Barnacles said he was very surprised by the incident - one his restaurant has never experienced before.

Exactly the reason I carry everywhere I go, everytime.

**Mtbkski** · October 19th, 2007, 05:21 PM

I really like to read stories like this. Not because of what happened. But as you said. Every time I think I won't need my pistol to just go here or there. I remember these stories. And then I grab it an go.

I have been enjoying the threads on PAFOA members that have had to draw and sometimes use weapons just for this reason. It happens at the wierdest times. You never really know when your going to need it.

**bradjc72** · October 19th, 2007, 05:22 PM

it only takes one time to forget to carry. You have to be careful no matter what you do and where you go these days. You try to be nice, but there are so many punks out there, whether 18 years old or 80, watch out for them all.

**fultonCoShooter** · October 19th, 2007, 05:37 PM

Holly Barnacles!!!!

well ive said once and ill prolly say it again after this time too.

Guns are like seat belts. chances of you getting in a accident is very small but you wear your seatbelt. Sure you may go your whole live without ever needing it. But one day.....you dont know when or where it happens you wreak your car... Dam you say to yourself im glad i was wearing my seatbelt. Same with a pistol..

What happened here could happen to anyone who gets into a fight with someone.
The whole look im a tough guy with my gun fear me. well guess he didnt expect to run into someone who had a CCW.

**Mtbkski** · October 19th, 2007, 05:49 PM

Subaru had a commercial years ago that put it best.....

It is better to have it and not need it.
Than to need it and not have it.

**Zef_66** · October 20th, 2007, 09:23 AM

I agree, I like seeing stories like this that confirms why I carry.

This was posted on another forum I am on. And the guys there were talking about this line:

Carter said it was not an "aimed" shot, but it struck Ojeda in the head, killing him.

They doubt that it was not aimed and something else must be going on here.

The way I looked at it was that the guy was surprised and was probably sitting down. Think about what you have to do to stand up, pull your CCW and get a shot off quick. Not something to practice much at the range. And of course all while scared shitless at the other gun pointed at you.

**HiredGoon** · October 20th, 2007, 09:49 AM

While it's great that charges will probably not be filed against the shooter who was defending himself and others, I wonder if the same could be said if this happened in PA.

It appears the shooter was retreating while he shot. It seems like here in PA the question would come up that if you were able to retreat, why did you shoot?

I have not researched GA laws on this but just wonder how they compare to PA law on retreat and
only shoot as a very last option to defend against death? Would the man, Ojeda, be considered a threat to life just by having a "pistol in hand" as the story stated? It doesn't say he was verbally threatening anybody or even pointing the weapon at anybody, unless we don't have all the facts.

**Zef_66** · October 20th, 2007, 09:54 AM

Originally Posted by HiredGoon

It appears the shooter was retreating while he shot. It seems like here in PA the question would come up that if you were able to retreat, why did you shoot?

So you think that if someone has a gun pointed at you, and you can turn around and run, but decide to pull your CCW and fire, that would not be self defense. I think any gun pointed at me is a serious threat to my life. I am going to meet this threat with one of my own.

I don't think it is logical to turn around and run when someone pulls a gun on you. Just asking to get shot in the back.