Does Every Shot Really Count?

[JonJ]

You bet it does, especially if you live in Fort Collins, CO!
http://www.coloradoan.com/apps/pbcs.dll/article?AID=/20061005/NEWS01/610050344

Homeowner justified in shooting intruder, DA says Man to face misdemeanor charge, though
By SARA REED
[email protected]

A Fort Collins homeowner who shot a man on a stoop outside a side door was justified in doing so, the District Attorney's office decided Wednesday, but the homeowner still will face a misdemeanor charge related to the incident.

Steven Ray, 58, faces one count of prohibited use of a weapon stemming from the early-morning shooting that occurred Aug. 28 outside his home in the 300 block of High Pointe Drive, according to a news release issued by District Attorney Larry Abrahamson.


Ray said barking dogs woke him around 1:30 a.m. and he noticed someone in the backyard when he looked outside.

The power was out because of an unrelated outage, and when David Ebner refused to identify himself when asked by Ray, the statement said, Ray retrieved a .45 caliber handgun from his basement.

According to the statement, Ebner was reaching for a door handle when Ray returned, a struggle ensued and Ray fired three times. One shot struck Ebner's cell phone and another struck the back of the shoulder, according to the statement; that shot exited through Ebner's chest.

The third shot, Abrahamson said in the release, was an un-aimed shot fired several seconds later and Ray had no idea as to where the bullet was going. This shot, Abrahamson said in the statement, placed all those within range at risk and warranted the misdemeanor charge.

Ray's attorney, Patrick Renworth, said he and Ray were relieved more serious charges were not pressed, but Renworth added he disagrees with the misdemeanor charge.

Ray did not feel out of danger when Ebner was retreating, Renworth said, and was worried he could be circling around the house.

Stephen Cook, Ebner's attorney, said he and his client both thought the prosecution decision to not charge the felonies recommended by Fort Collins police a "shocking disbelief."

Abrahamson said the office did not feel it could prove that Ray's actions were unreasonable if charges had been filed relating to the first two shots.

Ebner will not face charges, according to the statement, because his blood alcohol levels were very high and justice would not be served by prosecuting him.

Ray, who was issued a summons rather than being arrested, is scheduled to appear in court at 8:30 a.m. Oct. 12.

 

[Pilgrim]

poor bad guy. he was drunk and didn't know what he was doing.

Excuses...always.

 

[vellnueve]

Seriously... it's almost less of a hassle to shoot him through the head and not have to deal with that bullshit.

 

[matt]

What!! The homeowner gets charged, but the intruder walks away? How?

 

[reinbeau]

What!! The homeowner gets charged, but the intruder walks away? How?

I may be wrong, but it sounds to me as though the home owner may have talked just a bit too much. How do the police know the third shot was 'unaimed'? Someone spoke when they should have kept speaking to a minimum...

 

[vellnueve]

Probably. But I wouldn't say the suspect just walked away. At the very least he has to buy a new cell phone and the bullet wound from the shoulder to the chest is a bonus.

 

[Len-2A Training]

He'll sue the homeowner, point to the fact that he did "nothing wrong" as the DA wouldn't even prosecute him. He'll collect a bundle of cash for his problems out of the hide of the homeowner!!

Watch and see!

 

[Bugs100]

At his age he should have learned, keep your mouth shut and demand a lawyer, never put any thing in writting, Never sign any thing,

 

[drgrant]

I may be wrong, but it sounds to me as though the home owner may have talked just a bit too much. How do the police know the third shot was 'unaimed'? Someone spoke when they should have kept speaking to a minimum...

That's what I thought when I read this too. I think the defender had a case
of the gaping maw syndrome. Theres no way in hell a defense attorney
would allow their client to self incriminate like that, unless it had already
been blurted out to the police. It would have been trivially easy to
craft a statement which would present more reasonable circumstances for
the errant bullet. (EG, a competent attorney could make it appear as
though the shooter deliberately intended on hitting the target, but due to
stress, situational circumstances, he ended up missing it, etc. ).


-Mike

 

[matt1956]

just plain effing retarted... the homeown gets charged and the attacker walks free...

THis just goes to show... if you have to shoot to defend yourself... make sure you hit the heart or the head and keep your motuh shut until your lawer arrives.