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Airman who shot burglar: 'Him or me'
New York Daily News ^ | 3/27/03 | DONALD BERTRAND

Posted on 03/27/2003 5:29:29 AM PST by kattracks

A U.S. airman who gunned down an armed burglar breaking into his mother's Queens home said yesterday he had to open fire because "it was him or me."

Manuel Falquez, 22, who was charged with having an illegal handgun after the shooting, also said he would rather be serving his country in Iraq than making court appearances in Queens.

"I prefer to be over there. You never know, they may need an extra body," Falquez said yesterday in Queens Supreme Court. He noted, though, that his squadron is still at McGuire Air Force Base in New Jersey.

On Feb. 18, Falquez shot and killed a burglar wielding a .38-caliber gun and a knife who was breaking into the airman's mother's home in Corona. Police said there were rumors in the neighborhood that Grecia Gutirerres was keeping $100,000 in lottery winnings inside her apartment.

Falquez, who was not charged with any wrongdoing for shooting the burglar, was scheduled to be formally arraigned yesterday on the weapons charge. But the proceeding was postponed until May 2.

"It was basically self-defense. The way I feel, it was him or me," said Falquez in his first public comments on the shooting. "I feel that I have done what I had to do. If I didn't shoot him, I would not be here right now."

His lawyer said Falquez "should be considered a hero. He was protecting his family. He is serving in the Air Force, and for the two years he has served he has never had a problem. He is an outstanding young man," said the attorney, Damien Brown.

Falquez and Brown would not discuss the 9-mm. gun that the airman used. Brown also denied that Falquez's mother kept large sums of cash in her house.

"There is nothing in the house worth breaking in for. There is no money," said Brown.

A law enforcement source said it was highly unlikely that Queens District Attorney Richard Brown would demand jail time.

On his way out of the court in Kew Gardens, and without being asked, the airman also said that his "heart went out to Mr. [Ronald] Dixon and his family. I know what he is going through, and I feel for him."

Dixon, a Brooklyn man who shot an intruder in his home, is similarly charged with using an illegal handgun. Brooklyn District Attorney Charles Hynes has insisted that Dixon do some jail time.

Hynes offered a plea deal that would have allowed Dixon to spend four weekends in jail. Dixon rejected that offer, saying he has to work every day to pay his mortgage and support his family. He faces 90 days in jail if convicted of attempted weapons possession, the charge lodged against him.



TOPICS: Culture/Society; Front Page News; News/Current Events
KEYWORDS: banglist

1 posted on 03/27/2003 5:29:29 AM PST by kattracks
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To: kattracks
His lawyer said Falquez "should be considered a hero. He was protecting his family. He is serving in the Air Force, and for the two years he has served he has never had a problem. He is an outstanding young man," said the attorney, Damien Brown.
Falquez and Brown would not discuss the 9-mm. gun that the airman used. Brown also denied that Falquez's mother kept large sums of cash in her house.
"There is nothing in the house worth breaking in for. There is no money," said Brown.
A law enforcement source said it was highly unlikely that Queens District Attorney Richard Brown would demand jail time.

Jail time, the idiots, they ought to give hem a medal! Queens District Attorney Richard Brown, didn't ralize that Brown is a french name, but must be, only someone french could so stupid as to charge a guy with anything for protecting his family and the police, for had he not wasted the slug, the police would have one day had to face him.

We need to eamil this frenchman Brown and tell him to stop thinking like a frenchman and start acting and thinking like an American.

2 posted on 03/27/2003 5:37:13 AM PST by 2timothy3.16
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To: kattracks
New York City gun laws are about as strict as Iraqi gun laws.

After we're done with Iraq, maybe we ought to ship the troops to New York City so they can bring freedom and liberty there!

3 posted on 03/27/2003 5:39:08 AM PST by Gritty
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To: kattracks
This is not good public relations for NY. It shows the obsurdity of stupid gun laws, though I don't know if they really care.
4 posted on 03/27/2003 5:42:38 AM PST by stevio
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To: kattracks
What was illegal about the airman's handgun? I do not live in NY.
5 posted on 03/27/2003 5:47:26 AM PST by Pan_Yans Wife (Lurking since 2000.)
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To: Pan_Yans Wife
What was illegal about the airman's handgun? I do not live in NY.

New York sucks as far as handgun laws are concerned. You need permits just to own one (forget carrying it anywhere) and there is a law that says even if you have a carry permit, if you are in the city limits, you must have a trigger lock installed (that makes it a useless club).

6 posted on 03/27/2003 5:58:40 AM PST by trebb
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To: trebb
This poor airman. I also heard the case about the man who shot in self-defense in NY, the district attorney is going after him because the man had recently moved to NY, and hadn't registered his gun, in a timely manner. (I think that is the gist of the case.)

I wrote the district attorney that is pressing charges against this man who was only protecting his family from a repeat offender.

7 posted on 03/27/2003 6:03:15 AM PST by Pan_Yans Wife (Lurking since 2000.)
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To: Pan_Yans Wife
I can hardly think of a better case for jury nullification. If the DA wan't drop all charges then no jury should convict this guy of anything.
8 posted on 03/27/2003 6:06:06 AM PST by RKV
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To: kattracks
As Ken Hamblin says: "It's better to be tried by twelve than to be carried by six."
9 posted on 03/27/2003 6:23:05 AM PST by Bob Buchholz
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To: kattracks
Falquez, who was not charged with any wrongdoing for shooting the burglar, was scheduled to be formally arraigned yesterday on the weapons charge. But the proceeding was postponed until May 2.

Translation: This weasel DA knows that public opinion would roast him alive if he prosecutes one of Uncle Sam's fighting men for the "crime" of defending his mother's home, and is hoping to wait until the heat is off.

10 posted on 03/27/2003 6:24:03 AM PST by steve-b
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To: kattracks
"...the right of the people to keep and bare arms shall not be infringed."

What am I missing here?



MARK A SITY
http://www.logic101.net/
11 posted on 03/27/2003 6:24:44 AM PST by logic101.net (ALASKA FOR ALASKANS!)
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To: RKV
I agree. This would be a great case where jury nullification could be used.
12 posted on 03/27/2003 6:51:36 AM PST by Chewbacca
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To: logic101.net
bear arms
13 posted on 03/27/2003 7:13:00 AM PST by Gil4
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To: *bang_list
New York has some of the most wretched gun laws in the United States. They prosecute people for merely defending themselves in their own homes. How can anyone ever call this "seeking justice."
14 posted on 04/01/2003 12:21:25 AM PST by 2nd_Amendment_Defender ("It is when people forget God that tyrants forge their chains." -- Patrick Henry)
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To: kattracks
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15 posted on 04/02/2003 1:43:54 PM PST by CHICAGOFARMER (Citizen Carry)
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