Posted on 08/18/2007 9:33:25 AM PDT by kiriath_jearim
(Bay Shore-WABC, August 17, 2007) - A home invasion turned deadly when the homeowner turned a gun on one of the intruders. Police say two armed men broke into the home last night and were apparently caught off guard for what happened next.
Eyewitness News reporter Patricia Wu reports from Bay Shore. Police say the two men armed with guns broke into the home last night demanding drugs and cash. Then the homeowner, 20-year-old Robert Stone told the guys that he needed to go into the bedroom to put his dogs away. That's when he pulled out a loaded rifle and fired.
"It was unbelievable, just all the shots and everything that went off," neighbor Sandi Grahn said .
Sandi Grahn and her boyfriend live just across the street from 1390 Penataquit Avenue. They were both awakened by gunfire about 10:30 last night.
"Moments later I hear cops, they arrived quickly, really quick. There was like 10 cop cars here," neighbor Kenny Babbo said.
Police found one of the intruders, Lawrence Walker, 37 of Queens Village dead inside the home. Investigators say the homeowner, Robert Stone shot and killed him. The other intruder managed to escape.
News of the home invasion spread quickly through the neighborhood.
"Everytime that the cops are around here, it's usually over here, so I'm not really surprised," said another neighbor Melissa Parrington.
Other neighbors say Stone's home was robbed a couple of weeks ago and were quick to defend him.
"I'm sure he was definitely defending himself. He's a good kid...a really good kid," said one neighbor.
"I would do the same thing to protect my family and dog, girlfriend," Babbo said.
While another neighbor went on to say he didn't find anything wrong with what Stone did.
Police said the second intruder that they are still searching for, was probably struck by gunfire. They say he took off in a red SUV.
Police also say that the homeowner is a self-admitted marijuana dealer and could face charges. It's still up to the district attorney's office.
Authorities are asking anyone with information regarding this case to call Crime Stoppers at 1-800-220-TIPS or the Homicide Squad at 631-852-6392.
First of all, he ain't gonna fire an unloaded rifle. But mostly, they left out the important stuff; make, model and caliber.
Tsk, tsk. In MA, the homeowner has to make every attempt to flee, even if the bad guys have a gun. No fair tricking them with a story about putting dogs in another room, grabbing a rifle and letting them have it. The homeowner would be told he should’ve dialed 911 and waited for the local constabulary to arrive. He’d be arrested. (And sued to the eyeballs, no doubt.) And if the burglars were illegals, why they’d be told to show up in court at some point and meantime, told to go on their merry way. How’s them apples.
I should have made it clear that I was referring to ABC.
I guess that means he has a wife and a girlfriend. At least he puts his wife first.
I wonder if the girlfriend knows he loves his dog more than her.
If she reads the paper she does now.
Could have meant “mom and dad, then the dog, then Sally.”
I can hear him now: “Honest, sweetie, it was an afterthought. I put you before Fido any day!”
Guess he can sleep with Fido. LOL!
My guess is that Fido is more faithful than Sally.
LOL! I re-read that and I could have phrased it better. Maybe should have said “he can share the doghouse with Fido.”
The State is bad enough without disinformation like this.
Here's the truth.
CHAPTER 278. TRIALS AND PROCEEDINGS BEFORE JUDGMENT
Chapter 278: Section 8A. Killing or injuring a person unlawfully in a dwelling; defense
Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling.
There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.
I live in a house not a said dwelling. Do that law still apply?
If it’s Bayshore it’s drug related. No surprise here.
“Police also say that the homeowner is a self-admitted marijuana dealer and could face charges. It’s still up to the district attorney’s office.”
So the neighbors “approve” but the police and the DA don’t, so they’ll use this as a fishing expedition.
If he's not been convicted of anything before this, that's the only thing they could charge him with. It's not illegal to defend yourself, even if you are generally up to no good. Only if you are actually committing a crime can you be charged with illegal use, and with no priors possession of the rifle would be legal. If he didn't keep his inventory in the house, and this doesn't turn out to be a business deal gone bad, he's probably OK with the shooting, but of course not with any dealing he did in the past or was doing in the present.
Maybe two, the article doesn't say anything about the final fate of the other intruder, whom another story indicated might also have been shot. Rifle wounds tend to be a bit more severe than handgun wounds, requiring prompter treatment. Hopefully he tried to hide somewhere, and bled out before he released how bad off he was and could get to medical treatment.
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