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Man says he shot intruders out of fear
The Record ^ | Friday, November 30, 2001 | PAULO LIMA

Posted on 11/30/2001 8:35:12 AM PST by Georgia_JimD

Man says he shot intruders out of fear

Friday, November 30, 2001

By PAULO LIMA
Staff Writer

Rousted from his bed by a buzzing doorbell, a bleary-eyed Arthur Hall cracked his front door and was instantly overwhelmed by five burly youths who pushed their way in and attacked him in his living room.

"I was just trying to save my own life, because I realized if I didn't do something, they were going to kill me in my own house," Hall testified Thursday. "I'm thinking I'm going to die, I'm not going to survive. They're too strong and there's too many of them."

Hall, 50, eventually chased the group from his Saddle Brook apartment and shot three of the five youths as they tried to drive away, killing one of them.

On Thursday, Hall offered his version of the events during his trial in Superior Court in Hackensack on charges of manslaughter in the death of 16-year-old Maikes Sanchez of Paterson.

Julio Melendez, 18, of Paterson was wounded in the arm and Daniel Winston, 21, of Fair Lawn was shot in the chest. Two other youths inside the car -- Hector Hernandez and Osvaldo "Alex" Acevedo -- were not injured.

The men had gone there to confront Hall because they believed he had raped Acevedo's girlfriend, whose mother was dating Hall at the time, authorities said. The girl later admitted the allegations were false.

Hall maintained he fired in self-defense.

The bookish-looking defendant spoke quickly and with little emotion Thursday as he answered rapid-fire questions from his attorney, Vincent Basile. Hall repeatedly told jurors he was "paralyzed" with fear when the intruders barged in just after midnight on Dec. 24, 1997.

"I was afraid for my life during the whole situation," Hall said during cross-examination by Bergen County Assistant Prosecutor John Higgins.

An ATM repairman for Brinks Corp., Hall was licensed to carry the Glock 9mm pistol he fired at the three youths. Hall worked two jobs, he said, because he needed extra money to help put his son through medical school.

Hall said he had worked until 11 p.m. the day of the shooting and was exhausted when he was awakened by the doorbell a little more than an hour later. He said he recognized Acevedo through the peephole and opened the door slightly, but the intruders forced their way in.

Hall said he saw "a flash" in one assailant's hands just before they jumped him and thought it was either a pistol or a knife. Acevedo later admitted he brought a steak knife with him but never used it, authorities said.

"There was one guy around my neck, another guy beating on me, and a third guy standing over me," Hall testified.

Hall said he broke free and grabbed his pistol, which was holstered on the kitchen table. He chased the youths down the sidewalk and to their car, parked nearly 100 yards away. The men were already inside the Geo Metro when Hall opened fire, striking the car four times.

Higgins questioned Hall's description of the beating inside his apartment, in which he suffered minor scrapes on his arm.

"Isn't it true that this one-minute beating on top of you didn't occur?" Higgins asked.

Hall, in turn, insisted he was attacked.

Higgins also questioned why Hall didn't stop pursuing the youths once he had run them out of his apartment and down the street. Hall admitted that he did not call police until after he had shot the three men.

Hall said he was afraid the men might return with weapons or more people, so he ran after them to make sure they drove away. He fired because he thought the driver was trying to run him over, he said.

Basile evoked remorse from his client when he asked how he felt after learning that Sanchez had died.

"I was really destroyed," Hall said. "I was crying for a long time. It's terrible. People push into your house and put you in a situation where you have to do something like that.

"I still feel bad. I'm going to feel bad all my life."

Hall is also charged with four counts of attempted manslaughter and one count of possession of a weapon for an unlawful purpose. He faces up to 10 years in prison on each of the manslaughter and attempted manslaughter charges.

The case is scheduled to resume Monday afternoon before Judge Donald R. Venezia. The judge told jurors he plans to turn the case over to them on Tuesday.


Staff Writer Paulo Lima's e-mail address is lima@northjersey.com


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: banglist
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I would of emptied 2 magazines into them before calling the cops.
1 posted on 11/30/2001 8:35:12 AM PST by Georgia_JimD
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To: *bang_list
In some places he might get a note of appreciation for doing what the police couldn't do ... but in fascist New Jersey, he's up for multiple felonies.
2 posted on 11/30/2001 8:40:14 AM PST by coloradan
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To: Georgia_JimD
If you had, I bet you'd be in jail now.
3 posted on 11/30/2001 8:40:21 AM PST by stuartcr
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To: Georgia_JimD
Doggone it, you just can't shoot people who are running away, no matter what they've done.
4 posted on 11/30/2001 8:41:41 AM PST by poindexter
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To: Georgia_JimD
Well at least he got one of them.

I guarantee that the survivors will be making their presence felt in the justice system again real soon.

When Bernie Goetz defended himself, he crippled one of his assailants. That assailant never committed another violent crime. The four others went out and committed numerous violent crimes. One of them even beat and raped a 79-year old in her apartment before fleeing with her TV to sell it for crack money.

I hope this guy is set free, and I hope he sues the little b!tch who lied about him.

5 posted on 11/30/2001 8:44:31 AM PST by wideawake
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To: Georgia_JimD
Mr.Hall did exactly the right thing!If there is one thing that is "Guaranteed"by the US Constitution,it is the Absolute Right to defend your life and those of your family!!As far as I am concerned,Mr Hall needs to spend a bit more time at the range honing his skill with his Glock!!!
6 posted on 11/30/2001 8:45:19 AM PST by bandleader
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To: poindexter
Doggone it, you just can't shoot people who are running away, no matter what they've done.

well, at the very least, you might not want to chase them for a hundred yards. Paranoid or not, I keep a weapon in close reach in my home at all times- if an unexpected knock comes at my door, I stand away from the door and ask who it is- if someone trys to push their way in, or break down the door, I'll be shooting them on my doorstep, or just inside. No injury to me (I hope) and no difficult explanations to law enforcement.

7 posted on 11/30/2001 8:48:03 AM PST by fourdeuce82d
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To: poindexter
Well I hope he presses charges for assault and breaking and entering on those little dirt bags. The problem today is that there are too many stinking lawyers and they defend the wrong side of the law. What do they care as long as they get paid! Here in Colorado you could mow them all down in your home or yard and the cops would be more than happy to help you finish them off.
8 posted on 11/30/2001 8:48:05 AM PST by samuel_adams_us
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To: bandleader
It stopped being self-defense when they began to run away.
9 posted on 11/30/2001 8:48:10 AM PST by Poohbah
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To: poindexter
I agree. it's awfully hard to claim self-defense while shooting someone in the back.
10 posted on 11/30/2001 8:48:32 AM PST by SoDak
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To: poindexter
Agree that he cannot shoot people who are running away. Must be in imminent fear of being killed or severely injured.

On the other hand, I hope he gets an "OJ Jury" so that the press can support the acquittal just like they did when OJ got off with a really brutal multiple murder.

Cheers!([: ^ )

RamS
11 posted on 11/30/2001 8:49:25 AM PST by RamingtonStall
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To: SoDak
Is it? Was the man not attacked, does he not have the right to retaliate?
12 posted on 11/30/2001 8:49:47 AM PST by samuel_adams_us
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To: Georgia_JimD
...don't know specifically about New Jersey, but I think most states say the "right" to use deadly force is gone when the assailants retreat.
13 posted on 11/30/2001 8:50:22 AM PST by KirklandJunction
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To: Georgia_JimD
bump
14 posted on 11/30/2001 8:50:42 AM PST by d4now
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To: KirklandJunction
In Colorado it is called the make my day law. As long as the perp is on your property, running away or not, you have the right to plug them.
15 posted on 11/30/2001 8:53:09 AM PST by samuel_adams_us
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To: poindexter
Doggone it, you just can't shoot people who are running away, no matter what they've done.

Yeah, you hafta wait until they come back more heavily armed.</sarcasm>

16 posted on 11/30/2001 8:53:13 AM PST by Unbeliever
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To: samuel_adams_us
Sam:
Right to retaliate? No.
Right to defend? Yes.
17 posted on 11/30/2001 8:53:56 AM PST by KirklandJunction
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To: samuel_adams_us
No, he doesn't. Retailiation is not self-defense in my eyes. I keep a loaded weapon in my apartment, and I wouldn't have any second thoughts about using it if someone's trying to break in. But the moment they turn and run away, it's a matter for the cops, in my opinion. There might be extenuating circumstances where that might not be 100% true, if he had taken a prior shot at me for example, then I'd feel comfortable putting a .50 Cal. chunk of lead where the sun don't shine.
18 posted on 11/30/2001 8:54:43 AM PST by SoDak
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To: poindexter
Bet me!
19 posted on 11/30/2001 8:54:44 AM PST by oldoverholt
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To: samuel_adams_us
Sam:
All I really know is Arizona law.
20 posted on 11/30/2001 8:55:06 AM PST by KirklandJunction
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