Posted on 08/04/2011 1:19:51 PM PDT by LibWhacker
MARSHALLTOWN, Iowa -- A Marshalltown homeowner faces felony charges after shooting at a trespasser Sunday afternoon.
Officials said the trespasser has been charged with a misdemeanor.
Clayton Jensen told officials he had just come home from running an errand when he looked out his back window and saw a man in his backyard. Jensen said he was concerned for his family's safety.
"He was kind of heightened alert because one of his family members had seen someone outside the house at night and then they took off when they were confronted," said Brian Batterson, Marshalltown assistant police chief.
Several homeowners said they're concerned about what's happening in their neighborhood.
A neighbor told KCCI that someone had entered a house nearby recently while the resident was sleeping and stole some items.
But Marshalltown police said that doesn't justify Jensen's decision to fire a gun.
Police said 18-year-old Abelardo Gonzalez didn't deny looking under a tarp where Jensen was storing bikes and a lawn mower. He told officers he was on his way home and just cutting through Jensen's fenced-in backyard.
"Mr. Jensen was OK to follow this gentleman and confront this gentleman, but once he fired a weapon he crossed the line," said Batterson.
Jensen told police he followed Gonzalez and fired a warning shot at the ground near a tree when Gonzalez turned and made a gesture he took as a threat.
"He was armed. He knew Mr. Gonzalez was unarmed. He should have just left the scene if he felt he was threatened and waited for police to arrive," said Batterson.
Neighbors have mixed feelings about Jensen's actions and the fact he's now facing a felony charge, while Gonzalez is charged with a simple misdemeanor.
"When I came out I seen him pointing the gun at his head," said Ken Picard. "He should have called the cops and leave the officials to do the work."
"I think the emphasis should be on the individual who was on the private property, disturbing his property," said Fred Meyer.
Gonzalez was not injured in the incident. Jensen told police he never intended to harm or shoot Gonzalez.
Jensen recently moved his family to Marshalltown after retiring from the Army.
WHAT! Go inside and hide!,call the police and wait for help? What has this nation come to? We are a strong people who can take care of ourselves! People like Mr. Batterson can kiss my @ss. All Real Americans need to stand up an face evil when they see it. Mr. Batterson and people like him make me sick.
It’s called assault with a deadly weapon . The home owner should have should have proned the guy out on the ground & called 911 on cell phone & stated that he had a guy who was trying to break into his house at gun point on the ground & hadn’t searched him .
>”He was armed. He knew Mr. Gonzalez was unarmed.”
>How do they know he knew that?
Funny, the attitude the cops nationwide have when they confront lowly citizens is that they are armed. And Lord help you if you give them a look or make a movement they don’t like as has been proven lately. Plus when they kill unarmed citizens they get fully investigated, then fully whitewashed.
Agree. Batterson is a stupid cop and should be fired immediately before an innocent homeowner ends up dead at the hands of an “unarmed trespasser”.
These are the kind of cops who are more of a danger to the citizen than the criminal because the protect the criminal and abuse their powers of arrest of the victim.
PS: My son is a federal police officer. He is trained to deal with a perp. The average citizen is not. But he will shoot, and is authorized to shoot, if there is a “clear and present” threat. Otherwise, as his team has done, they take down the crazies with some good tackling and a few punches to disarm/disable.
An ideal case for Jury Nullification if it ever comes to trial.
This instance just might pass the Castle doctrine law, and get Batterson fired, a double win for civilization.
Covenants? We don’t need no stinkin covenants!
People really need to think before grabbing a gun and mindlessly rushing outside their home to confront someone. The most important thing is to protect the lives of your family and yourself. Next is to protect yourself from criminal and civil liability. The least important is protecting property; it can be replaced, but your life and freedom cannot.
If this had happened to me I would have been filming the trespasser with my camera in one hand and my cell phone in the other. If he grabbed a bike ($70 at Walmart?) and took off with it, I'd have a nice record of him and his crime to give to the police. When the legal system (there is no justice system in this country anymore) gets done chewing on this guy I wonder if he'll think it was worth it. I doubt it.
South Carolina does not require you to back away if threatened, not even if someone threatens you in the middle of a Wal-Mart! You have the right to defend yourself WHERE YOU STAND when threatened by another.
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