Bob Irwin highlights the latest self-defense and other shootings of the week. Read them and see what went wrong, what went right and what we can learn from self-defense with a gun.
USA –-(Ammoland.com)- Delmarva Now reports 01-23-19 in Accomack, Virginia a naked man recorded on a surveillance video hosing himself off outside a Painter area home was found guilty of breaking and entering to commit a misdemeanor.
The 42-year-old suspect, of Belle Haven was in court on Jan.10 to face a felony charge of breaking and entering a structure in July 2018.
The resident returned home and noticed his garden hose was not where he left it. After taking his dog for a walk, he went inside to look at the video from his surveillance system. It showed the suspect walking up the driveway stark naked and then picking up the hose to wash himself off.
The resident was looking at the video when he heard a voice coming from inside his house. He told the court he picked up his gun and walked out into the hall. There stood the suspect, still wearing nothing but tattoos. “He scared me to death,” said the resident. “I stopped in my tracks.”
As it was clear the intruder had no weapon, the resident kept his gun in his pocket and ordered the intruder to get out of his home. The suspect responded, “I need a towel” and then walked out the front door, saying he had the wrong house. The resident stood by his truck and watched the suspect leave. Later, the resident saw a red Toyota Echo parked at the corner. He called a relative who is a deputy.
As he was calling, the 42-year-old was seen again, this time wearing only a pair of shorts. Police came and began to search for the intruder. Sgt. Robert Taylor of the sheriff’s office relayed he was walking through the woods when he saw a red vehicle coming toward him. He said he drew his gun and stopped the car. He said the suspect had a large knife in the car with him and appeared to be “possibly under the influence.” The suspect was arrested and charged with burglary.
His Defense Attorney, Patrick Robbins made a motion to strike the evidence presented by Commonwealth’s Attorney Spencer Morgan shown on the surveillance video.
He said the video clearly showed the man had nothing in his hands that belonged to the resident. He said his client thought the house was unoccupied and was also under the influence of drugs and alcohol.
He offered that “This is trespass at best, certainly not breaking and entering.” The prosecutor responded, “He said he needed a towel,” and had the intent to enter and take it. The defense attorney said his client was near the house for at least two hours. “There was no indication he was there to steal anything. He opened an unlocked door. Using a towel is not larceny.”
Discussion continued until Judge Burke F. McCahill denied the defense motion to strike the evidence. The judge found the 42-year-old guilty of the lesser felony charge of breaking and entering to commit a misdemeanor.
He remains in jail until pending sentencing.
Comments:
Great restraint on the part of the resident, more than most intended victims would have shown. Now, after all the facts are known, consider what would have happened to the resident if he had shot this intruder.
After the court decided the defendant was a non-threatening drunk, the charges against this homeowner could certainly have been serious!
Bob Irwin, Las Vegas
About Bob Irwin
Bob is retired after 30 years of ownership of The Gun Store & Indoor Range in Las Vegas. He continues his 2A issues show “Fired Up with Bob Irwin” on YouTube and on KLEY 1230 AM, The Nevada Talk Network on Saturdays.
As a firearm instructor of Concealed Firearm Applicants, Armed Security Officer and Law Enforcement Academies over his career, Bob appears frequently as an expert witness for firearm & use of force cases in Federal, State, and local courts.