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Resident snatches gun, kills invader
Salt Lake Tribune ^ | 12/15/2007 | Russ Rizzo and Melinda Rogers

Posted on 12/15/2007 6:46:46 AM PST by Excuse_My_Bellicosity

With his dog shot dead, his wife tied to a chair and his 16-month-old child asleep in a nearby bedroom, a West Valley City man took a gamble to end a home invasion robbery Thursday night.

As he was being dragged at gunpoint around his home in search of valuables to steal, the man snatched a gun from one of the invaders and pulled the trigger.

Jesse James Montoya, a suspected gang member, fell to the floor dead. A second home invader and a female accomplice fled the scene, and police were still looking for them.

Shortly after a woman knocked on the door, two men forced their way into a home, in the 3500 South block of 4400 West, about 10:20 p.m. Thursday, police said.

The invaders shot and killed the family's Great Dane dog, taped the homeowner's wife to a chair, and one of the intruders took the husband around the house at gunpoint looking for valuables, police said.

That's when the homeowner snatched the gun from Montoya and shot him, said West Valley City police Lt. Lamonte Cox. According to court records, Montoya was charged with second-degree felony attempted murder in 1994. He was also charged and pleaded guilty to third-degree felony aggravated assault the same year.

West Valley City police Sgt. Bill Merritt said investigators are determining how the robbers chose their victims. The homeowner said he hadn't met or seen Montoya before, which sets the incident apart from other home invasion robberies, Merritt said.

Random home robberies are unusual, Merritt said.

"We're looking for a possible link [between the homeowner and robbers]," he said. "Very rarely is it a random hit."

The homeowner on Friday evening declined an interview request through a relative, who said the man's attorney advised him not to speak to the media about the incident.

The couple's baby was not hurt, Cox said.


TOPICS: Crime/Corruption; News/Current Events; US: Utah
KEYWORDS: gangs
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To: Excuse_My_Bellicosity
The invaders shot and killed the family's Great Dane dog

Break into my home, I might let you live depending on my mood. But kill my dog, or in my case, my cat, and I'll make you pray for death before I killed you......

It just ain't right to kill a man's dog.

61 posted on 12/15/2007 10:17:14 AM PST by Hot Tabasco (Visions of sugarplums dancing in your head are probably caused by bad drugs.....)
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To: Pining_4_TX

“””Actually they are. Home invasions are most often a falling out among drug dealers and thieves.

Got it straight from a cop’s mouth.”””

This is correct. They are becoming very common amongst drug dealers and thieves because they are less likely to be prosecuted successfully (victim does not want to say they stole their drugs) or reported.

And yes.... that is my opinion after 14 years as one of those law enforcement types some of you hate so much.

However, there seems to be more (or more stories at least) non-criminal victims which is troubling. It is a problem when it involves other criminals (often results in murder and terrorized kids) but it is especially frightening when Grandma and Grandpa are the victims that get pistol-whipped for a little cash and other small valuables they might possess.

Some of these “crews” are very organized and very violent.


62 posted on 12/15/2007 10:17:32 AM PST by volunbeer (Dear heaven.... we really need President Reagan again!)
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To: Steamburg

“Citizens defending themselves is becoming too popular.”
Successful citizens defense has always been popular, but never mentioned in the media (other than Handgun magazines)...in fact anything that is ‘against their agenda’ is not mentioned in the media. The change: today we have the internet, blogs, slowly returning common sense, etc.


63 posted on 12/15/2007 10:18:35 AM PST by CRBDeuce (an armed society is a polite society)
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To: samtheman

Yep, that’s what I’m figuring too.


64 posted on 12/15/2007 10:20:15 AM PST by Larry Lucido
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To: CRBDeuce

Most of these are after drugs because that is worth more money to a criminal than the television, jewelry, etc. In most of the cases I have seen the the robbers know what they are after before they do the robbery.

Illegal aliens not involved in drugs here in Washington state seem to be victimized more often because many of them keep their cash on their person instead of in a bank but the usual target of a “crib crash” is drugs. And yes, the police have to ask all questions during an investigation.

It’s human nature I suppose for even the police to not want acts like these to be random. We have a wife and kid at home as well.


65 posted on 12/15/2007 10:23:42 AM PST by volunbeer (Dear heaven.... we really need President Reagan again!)
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To: businessprofessor
“I am curious about the home owner’s usage of an attorney. He certainly has a right to consult an attorney and not talk to the police directly. If the home owner has no connection to this home invasion, I am not sure why he would consult an attorney.”

He is probably playing it cautious. Ill advised statements to MSM sources can be twisted and end up being used for civil action by the perps family and a bloodsucking attorney. I don’t think it will happen in this case insomuch as the perp is dead but it is a good tactic if you shoot someone depending on the jurisdiction. Sort of a legal CYA

66 posted on 12/15/2007 10:23:58 AM PST by Polynikes (Hey. I got a question. How are you planning to get back down that hill?)
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To: volunbeer

I think you’re correct in that the times are achanging. and, in all due respect (thank you for your service), I’d bet you’re mixing the rampant drug crimes (busted or otherwise) in with the drug dealer shoots drug buyer or drug buyer shoots drug dealer stories. Of course you could be living in a large city, in which case, maybe the math works.....just surprised me that Salt Lake City would be one of them!


67 posted on 12/15/2007 10:25:15 AM PST by CRBDeuce (an armed society is a polite society)
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To: Excuse_My_Bellicosity
Here in north Texas there's been three (3) knock on door then shoot attempting shoot incidents. One instance, in an upscale subdivision, some dregs of humanity knocked on the door when the female home owner opened the door the perp shot her multiple times killing her almost instantly. Cops think it was a random act.

End of times.

68 posted on 12/15/2007 10:25:49 AM PST by Trajan88 (www.bullittclub.com)
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To: Trajan88

Or a gang initiation....... some of our gangs are becoming more violent.


69 posted on 12/15/2007 10:27:12 AM PST by volunbeer (Dear heaven.... we really need President Reagan again!)
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To: Excuse_My_Bellicosity

This presents an interesting twist on the liberals’ whiny “If you have a gun it’s more likely to be taken away and used on you”. That’s exactly what happened to the home invader. Sounds like he shouldn’t have had a gun, since it proved dangerous to him. I’m sure they’ll be standing in line to lecture criminals about this danger.


70 posted on 12/15/2007 10:27:24 AM PST by Hardastarboard (DemocraticUnderground.com is an internet hate site.)
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To: CRBDeuce

Don’t be surprised this happened in Salt Lake City. I work about half of a state now and these are just as common in small towns as big cities in my estimation.

Statistically it is often illegals doing crimes that other Americans are too lazy to do.


71 posted on 12/15/2007 10:30:29 AM PST by volunbeer (Dear heaven.... we really need President Reagan again!)
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To: Hot Tabasco
Break into my home, I might let you live depending on my mood. But kill my dog, or in my case, my cat, and I'll make you pray for death before I killed you......

It just ain't right to kill a man's dog.

I remember a guy who lived in Idaho who felt that way too. Lived in an area called Ruby Ridge.

72 posted on 12/15/2007 10:34:25 AM PST by Starwolf
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To: Excuse_My_Bellicosity
“”We’re looking for a possible link [between the homeowner and robbers],” he said. “Very rarely is it a random hit.”

He is essentially right although most make the assumption drugs n gang activity are the driving cause and that is a common reason. The gang-bangers also look for folks who are known to keep large amounts of cash and valuables in the house like members of some immigrant groups.

There was a attempted home invasion by 2 Asian gang members in the the bay area city of Alamo a few years ago. Alamo is very upscale with multimillion dollar homes. The homeowner was a wealthy doctor who flaunted his wealth like wearing gold chains,expensive rings,nice toys etc.

The gang-bangers worked as part of a furniture moving crew to case their victims. One bad guy got smoked by the doctor but the other bad guy killed the doctor. He in turn was beat senseless by the wife and brother in law using a iron skillet.

73 posted on 12/15/2007 11:25:07 AM PST by Polynikes (Hey. I got a question. How are you planning to get back down that hill?)
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To: businessprofessor
businessprofessor said: "If the home owner has no connection to this home invasion, I am not sure why he would consult an attorney. "

There isn't anything that you can say at the time you are involved in a shooting that you can't say just as effectively later after having consulted with an attorney.

One common emotional response to surviving a shooting is exhilaration at having defeated an enemy in deadly combat. This emotional response can be mistaken for an unhealthy desire to engage in such combat.

The guy in Pasadena, Texas made a mistake in saying, I believe, something along the lines of "I'll kill them", about the two thieves he was about to confront. No matter how justified the shooting might have been at the instant it occurred, the statement made works against giving the shooter the benefit of any doubt.

Best to just say nothing.

74 posted on 12/15/2007 12:23:03 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: Polynikes
Polynikes said: "Alamo is very upscale with multimillion dollar homes. "

Years ago my family was travelling the freeway past Alamo when the truck towing our trailer threw a rod.

The initially responding tow truck driver only towed us off the freeway to safety, dropping us off in a shopping center parking lot to await a large flat bed truck to haul us home.

Rather than sit in the hot trailer, we used our folding chairs in the parking space next to us. The reaction of the woman from the shopping center was priceless. She asked us very politely whether we were intending to camp there. She was greatly relieved when we explained that we were just awaiting help.

75 posted on 12/15/2007 12:30:05 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: Excuse_My_Bellicosity

If somebody I don’t know knocks on my door at 10:30 p.m., I’m going to have my Beretta .40 with me when I answer it.


76 posted on 12/15/2007 1:58:07 PM PST by libstripper
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To: William Tell; businessprofessor
businessprofessor said: "If the home owner has no connection to this home invasion, I am not sure why he would consult an attorney. "

I had two CCW classes from different instructors (first one mandatory for the license and the second one mandatory for the renewal) and in both classes one of the primary focus of the class was the legal aspect every single person who ever has to use their firearm in self defense is going to have to face.

And in both classes the instructors emphasized the importance of never, ever willingly answer any questions on scene after an occurance. The only response you should ever give is that you refuse to answer any questions until you have consulted with your attorney.

This is for your protection because no matter how innocent you may be in whatever has occured, you just might have a local prosecuting attorney such as Mike Nifong.........

77 posted on 12/15/2007 2:10:37 PM PST by Hot Tabasco (Visions of sugarplums dancing in your head are probably caused by bad drugs.....)
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To: Hot Tabasco
Hot Tabasco said: "I had two CCW classes from different instructors ..."

My experience is similar.

There was even discussion regarding whether to say something like, "I shot him because I feared for my life".

There is no obligation on the part of an investigator to believe such a statement. So any notion that making such a statement will eliminate arrest, transporting, booking and bail is not really justified.

If the circumstances don't themselves argue that a shooting was justified, the statements of the shooter isn't going to change that.

My decision is to say nothing. I have also explained to my wife that she can't be compelled to testify against me and therefor she should say nothing as well.

If the authorities can't even determine whether it was my wife or me who fired a shot, it in no way denies them their ability to prosecute a crime. Since I have a right to remain silent, I intend to use it.

78 posted on 12/15/2007 3:31:54 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: William Tell
There was even discussion regarding whether to say something like, "I shot him because I feared for my life".

Yep, that was the first thing we were told to say in an incident.......

79 posted on 12/15/2007 3:39:09 PM PST by Hot Tabasco (Visions of sugarplums dancing in your head are probably caused by bad drugs.....)
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To: Hegemony Cricket

But they live in the same City, they must know each other. /s


80 posted on 12/15/2007 4:04:18 PM PST by MaxMax (God Bless America)
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