Armed Citizen in New York

Daily Freeman, November 5, 2007: Thinking his home was being burglarized, a Saugerties man came face-to-face with a black bear early Sunday morning before his dogs came to the rescue. Daniel Kelly, of Valk Road in Saugerties, said he and his wife awoke at approximately 2:15 a.m. Sunday to a neighbor’s dog barking and considerable noise in his back yard. Kelly opened his back door where the bear stood a few feet away. Without the aid of his glasses, Kelly thought it was a burglar and yelled at the figure. Luckily, his two 50-pound chow-chow dogs realized this was no burglar and attacked the bear, wrestling with it for close to 20 minutes. Somehow in the struggle between dog and bear, Kelly was blocked from his back door and could not get back in the house. At one point, he said, the bear tried to climb over the 6-foot fence in his yard, only to be pulled back into the yard by his normally docile dogs. Kelly, who estimated the bear to be slightly taller than his 5-foot 7-inch frame and over 150 pounds, was eventually able to get back in the house and retrieve his 12-gauge shotgun. His wife called 911. Kelly, who hadn’t fired a gun in 20 years, went back to aid his dogs and once again got too close. The bear again took a swipe at him from close-range before he fired a warning shot. This was enough to scare the bear up a tree. Kelly said the bear, which he had no interest in killing, left soon thereafter. Kelly, who said he half-expected to have to put one of his dogs out if its misery with his gun, was shocked to find them in perfect condition, minus a scratch to one dog’s hind-quarters. Saugerties police responded not long after the bear left. Kelly said Saugerties police also called for the Department of Environmental Conservation, but they never arrived.

Times Union, October 14, 2007: An Albany Street electronic’s store owner shot a man who was burglarizing his store early this morning, police said. Police say Fun Electronics owner Donald Khemraj and his son, Bud, heard glass breaking from their residence upstairs at 881 Albany St. at about 5:50 a.m. The men left the apartment with a shotgun, police said, and found John P. Sayers, 21, in the first-floor store. Donald Khemraj shot the suspect, police said, when he confronted him in front of the store. Sayers was hit in the chest. Police say officers responded and found Sayers of 319 Victory Ave. sitting in the front of the store. Sayers collapsed while being taking to the patrol vehicle and said he had been shot. Sayers was flown to Albany Medical Center, but his condition is unknown at this time. Sayers has been charged with third-degree burglary and third-degree criminal mischief. Police say investigation is continuing.

WABC, August 17, 2007: On Long Island, a home invasion becomes deadly when the homeowner turned the tables on one of the intruders. A second suspect is still on the run. Police say two men armed with guns broke into this house but got a surprise: The homeowner had a gun, as well. Authorities say a scuffle ensued and one of the intruders was shot and killed. The cops were called to 1390 Penataquit Avenue in Bay Shore, Long Island just after 10:00 p.m. last night. They say when they arrived they found one of the intruders dead. The other intruder managed to escape. Neighbors say they believe he was trying defend himself. “My neighbor, I’ve known him since he was three…he pretty much stays home. I guess he was trying to defend himself,” said his neighbor. Police are still looking for the second suspect and the investigation is still ongoing.

Journal News, June 21, 2007: A retired Kent police officer who was serving legal papers to a town man in a divorce proceeding shot the man in the chest twice yesterday after the man attacked him with a police baton, state police said. Officers went about 4:30 p.m. to 33 Lincoln Road, where 66-year-old Dennis Illuminate had gone to serve divorce papers on Douglas Greenwich, said Capt. Keith Corlett of the state police. Greenwich, 52, who was at the house to pick up a dresser, became enraged at the sight of Illuminate, who had served him with legal papers on two previous occasions, Corlett said. Illuminate, who is also a former Kent councilman, fired his licensed .25-caliber handgun, striking Greenwich in the upper torso, but the men continued to struggle, Corlett said. Illuminate fired a second round, which also struck Greenwich in the chest, he said. Greenwich, who was found lying in the driveway by state police, was airlifted to Westchester Medical Center, where he underwent surgery and was listed in stable condition last night. “It looks like this may be a classic self-defense case,” Corlett said. “We’re in the process of discussing the case with the Putnam County District Attorney’s Office, which will make the decision as to whether any charges will be filed.” Greenwich, an electrician, had moved out of the house and told his wife he was coming by yesterday to pick up a dresser, police said. His wife called her lawyer, who had been having difficulty locating Greenwich to serve him with the legal papers. The lawyer, in turn, called Illuminate to tell him Greenwich would be at the house. The two men were alone at the house when the incident took place, Corlett said. Illuminate, a Carmel resident, retired from the town of Kent Police Department 24 years ago and has been an active process server for many years, Corlett said.

WABC, May 22, 2007: Shots were fired during a daring broad daylight burglary attempt Tuesday. Police say the incident happened on Sharon Avenue, where a tenant opened fire at a burglary suspect. Long Island reporter Emily Smith has the latest. This has been a frightening day for this family. Tenants could be seen power-blasting blood off their sidewalk, which the suspect left as he ran off. Police say that an 18-year-old boy has been arrested and charged with burglary. They add the shot, apparently fired by the female tenant, was in self defense. Matthew Swift just wants to get into his home, a beautiful ranch he bought six months ago as a fixer upper. Now it’s surrounded by police tape, and crime scene investigators tell him it was the target of a violent break in involving gunfire. “I’m a little freaked out,” he said. “Absolutely. It’s definitely scary.” Swift rents the basement apartment to a couple in their 20s. His tenants told Eyewitness News that a man walked right into their apartment around 11:30 Tuesday morning, armed with a pistol. That’s when the tenants says they grabbed a shotgun to defend themselves. Police say the female tenant then fired a shot that hit the suspect in the shoulder. That’s when he supposedly ran off. Swift says, from what he’s seen, his tenants are good people. “They give us rent on time,” he said. “They’re good people. I don’t know much about them.” The tenants, still visibly shaken, say the perpetrator ran from their home, leaving a trail of blood behind. Now they say they’re afraid to go to sleep. And no doubt, so are neighbors who don’t know what to make of it all. “You just never know,” one neighbor said. “You could be in the best neighborhood in the world and you don’t know what’s going on next door.” Police are now trying to figure out a possible motive for this attempted crime.

Democrat & Chronicle, May 19, 2007: A burglary suspect was shot by a store owner early Friday at 1144 E. Main St., according to Rochester police. The wound, which was in the suspect’s right hip, didn’t appear to be life-threatening, said John Halldow, public information officer for Rural/Metro Medical Services. The suspect was taken to Strong Memorial Hospital. The 58-year-old business owner reported a burglary at 1:50 a.m. after he was alerted by an alarm, said Rochester Police Officer Deidre Taccone. Police searched the building but found no suspects, Taccone said. The store owner repaired a door that was damaged in the break-in. While the owner waited for other police officers to arrive to search for evidence such as fingerprints, a 41-year-old man entered the store about 4:15 a.m., Taccone said. The store owner confronted the man and the intruder came at the store owner, she said. The business owner shot the man with a registered handgun and called 911. He turned over his handgun to officers at the scene. Police are continuing to investigate and are not releasing names. Taccone recalled two similar incidents in Rochester within the past 14 months. An intruder was fatally shot Feb. 14 when he tried to burglarize a house on West High Terrace. A resident told police he wrestled the gun from the intruder and shot him with it. No charges related to the shooting were filed, but a grand jury was expected to review the case. A Lyell Avenue bar owner was not charged after he fatally shot an armed robber in July 2006. In a third case, a security guard shot and killed a man who pointed a gun at him outside a market on Bay Street in October. The guard was not charged.

Journal News, April 5, 2007: A New Rochelle man who said he shot another man in self-defense as they wrestled over a gun that was never found was acquitted of attempted murder, assault and weapons charges by a jury that deliberated for less than two hours yesterday. Anthony Caldwell Jr. and several relatives wept with joy after the verdict was read in state Supreme Court in White Plains after three days of testimony. Caldwell, 24, had faced up to 25 years in prison in connection with the July 19, 2005, shooting of Dino Washington in front of Washington’s home on DeWitt Place. “The jury obviously worked very hard on this case and realized that my client was completely innocent of all the charges,” said Barry Warhit, Caldwell’s lawyer, who spent about an hour delivering closing arguments before Westchester County Judge Rory Bellantoni yesterday morning. Warhit portrayed Caldwell as the victim of an assault who was, “motivated by a desire to survive,” when he shot Washington. Caldwell’s father, Anthony Sr., and Washington had gotten into a fight four days before the shooting. Washington ran into his nephew’s apartment and grabbed a baseball bat and tried to strike the elder Caldwell, but was thrown to the ground and subdued. Washington allegedly said, “Next time I’ll have my gun to deal with you and your family.” On the night of the shooting, Washington and three friends left his apartment planning to go out when they found the windshield of Washington’s car smashed and noticed Anthony Caldwell Jr. driving slowly past the building. Anthony Caldwell Jr. testified that Washington suddenly appeared at the driver’s side window of his car pointing a gun at him. Anthony Caldwell Jr. testified that his memory of exactly what happened was hazy because it happened so quickly, but he remembered reaching for the gun and two shots going off before he fled the area and went to hide out at a relative’s house in the Bronx. Anthony Caldwell Jr. said the weapon fell to the ground and Warhit implied that Washington’s friends could have hidden the gun before police arrived. Assistant District Attorney Calvin Scholar said the fact that Caldwell fled was an indication of his guilt and tried to persuade the jury Anthony Caldwell Jr. was lying, claiming it would have been impossible for two men to struggle with a gun without either of them receiving cuts or burns when it fired, which neither man had on their hands. Washington, who was shot in the chest and arm but recovered, died of an unrelated liver disease in December. Warhit said his client, who works at a recycling center, is planning to enroll in college.

Newsday, April 1, 2007: A Riverside man was shot in the groin Sunday after he was caught trying to burglarize an auto salvage yard, Southampton Town police said. The manager of J&V Auto Salvage on South Country Road in Quiogue told police he spotted Albinas Augulis, 55, and one or more other suspects on his property at 7:30 a.m. Sunday, Det. Sgt. Randy Hintze said. Hintze said the manager contacted police, but then confronted the intruder as he waited for them to arrive. He ordered Augulis to the ground, but Augulis continued to approach him, and the manager, whose name was not released, shot Augulis in the groin, Hintze said. Augulis was taken by helicopter to Stony Brook University Medical Center, where he underwent emergency surgery and is expected to survive. He was issued a field appearance ticket and charged with criminal trespassing, possession of burglary tools and attempted larceny. After the shooting, town and state police searched the area with the assistance of dogs and a helicopter from Suffolk County police, but found no other suspects, Hintze said. Hintze said police are investigating whether Augulis made any direct threats toward the manager before the shooting. No charges have been filed against the manager. The attempted robbery was the latest in a recent spate of burglaries at the yard, from which thieves have made away with car batteries and catalytic converters, Hintze said. A man who answered the phone at J&V Salvage declined to comment.

Democrat & Chronicle, February 15, 2007: A man was fatally shot Wednesday night in southwest Rochester when he allegedly tried to burglarize a house on West High Terrace, according to Rochester Police Chief David Moore. The man was found dead in the driveway of 198 West High Terrace after the homeowner called police about 8:30 p.m. to report that he had shot a burglar. Moore said officers had taken possession of the gun used in the shooting and the homeowner was cooperating with investigators. Moore said the victim could not immediately be identified.

R News, February 12, 2007: A Gates couple decided a number of years ago to have guns in their home. They believe without them last night, they wouldn’t be alive today. “My wife had just gone upstairs and I was lying on the couch and I heard this big crash,” said Bill, the homeowner. Bill realized the crash was someone breaking down the side door of his Buffalo Road home. “He was screaming, ‘Someone’s shooting at me, someone’s shooting at me!’” “I jumped up and grabbed the gun I always have where it’s conveniently tucked away.” The 38 special is one of Bill’s lawfully registered guns. The man kept coming into the house. “I was right here, and he was there,” said Bill, pointing in front of him. “I said ‘Stop or get down!’ and he kept coming at me and I fired the shot … he dropped to the floor.” The gunshot just missed Eric Ray Mull’s head and hit the stairwell. Meanwhile, the house was dark and Bill’s wife was upstairs calling 911. She didn’t know whether the shot fired came from her husband, or was aimed at her husband. “It’s very scary,” said Bill. “If I would have aimed about three feet higher I would have caught her in the leg.” Since the gun was registered, no charges have been filed against Bill. No gun was found on Mull. This is not the first time Mull had visited Bill’s home. Mull came to the door last week asking for money to shovel the driveway. They told him to go away. Gates police say Mull is a prior felon. He is now charged with burglary, criminal mischief and petit larceny. He remains in the Monroe County Jail on $50,000 cash bond.

Buffalo News, January 25, 2007: A Buffalo homeowner forced an intruder to flee Tuesday afternoon when he pointed his pistol at the man, according to South District police. The homeowner, who lives in a lower apartment on Edson Street, was inside his home when a man kicked in his door at about 4:29 p.m. and walked in, police reported. The man, wearing a knitted green hat and green jacket, confronted the homeowner and said, “I’m looking for Dougy.” The homeowner pulled his pistol on the intruder, who ran out of the apartment toward Seneca Street. Police said the homeowner has a valid pistol permit.

Times Union, January 20, 2007: A man was killed Friday and his alleged accomplice wounded after they entered a city home at gunpoint and were shot by a resident, marking the fourth time in the past two months would-be victims have shot intruders, authorities said. Someone at 421 Division St. let the armed men in after one of them flashed a handgun from the outside, police said. A shot rang out, prompting a relative in an upstairs apartment to descend downstairs toting a rifle, authorities said. The gunman shot one of the two intruders, killing him, and hit the other person in the left hand, police said. Investigators swarmed to the scene of the city’s first homicide of the year after receiving a call at 3:39 p.m. Friday. Less than 90 minutes later and 15 miles away, a wounded man showed up in the emergency room of St. Mary’s Hospital in Troy, seeking treatment for facial and hand injuries, including a missing thumb. Troy Police Sgt. John Cooney said the man, who claimed he had been involved in a motor vehicle accident, had glass and wood embedded in his face. Hospital staff contacted police. Under questioning by detectives, the injured man admitted to police he was involved in the Schenectady shooting, Cooney said. Around 7 p.m., the investigation was turned over to Schenectady detectives — their fourth home invasion incident involving gunfire since early December. “It’s not happening in one part of the city where we can sit and wait for it to happen,” said Officer Kevin Green, a city police spokesman. “You never know when it’s going to happen.” He said the wounded man was taken to Albany Medical Center Hospital and flown by helicopter to a Westchester County hospital. Additionally, Troy Police put out a lookout for a 2007 Chevy Tahoe in connection with the shooting. The driver of the vehicle turned himself in and was being questioned by investigators in Schenectady Friday night, Cooney said. Investigators were talking to four people inside 421 Division St., where neighbors stood on their porches and front lawns as Schenectady and State Police and plain clothes officers milled outside the residence. The glass panel of the front storm window was shattered, with glass scattered on the front porch under a hanging Christmas ornament that read “Seasons Greetings.” A man who lives down the street said he heard gunshots and hurried downstairs to see a man with a cell phone running down the street toward Bradley Boulevard, behind an older model gray Chrysler Sebring coupe. The car made it to the intersection of Bradley Boulevard and Division Street before police stopped it, he said. The car remained at the intersection for a time before being removed. The resident and several neighbors, all of whom declined to give their names, said people were constantly going and coming from the home, many of them in luxury vehicles and SUVs. The incident was the fourth time since early December that alleged intruders in Schenectady were shot. Two alleged burglars were shot inside a Prospect Street home on Jan 10. Police have said they were among four Brooklyn men seeking revenge for a slashing in Albany last month. One of the men was critically injured. And earlier this week, a homeowner armed with a rifle shot an intruder who police say entered his Park Avenue home with a stun gun, authorities said. And in December, Harry T. Glenn fatally shot one man and wounded another person who police say hatched a plan to rob him of drugs and money from his first-floor apartment at 1060 Raymond Street. He fled and was collared about a month later by federal marshals in Massachusetts. Glenn, who is being held at Schenectady County Jail, faces second-degree murder charges. Authorities say he used a .45-caliber handgun to shoot Richard DeGroat, 39, in the head and Bertram Payne, 20, in the hand.

New York Post, January 10, 2007: As his frightened wife and young child looked on from the back seat, a state correction officer fired through the open window of his car and fatally shot a man who threatened to kill him during a road-rage fight last night near La Guardia Airport, police sources said. The officer, Emilio Maldonado, 29, stopped at a traffic light at the 94th Street overpass of the Grand Central Parkway behind a GMC SUV at about 7 p.m. When the light changed, the SUV didn’t move and Maldonado honked his horn. Two brothers in the SUV got out and started pounding on his car, according to a law-enforcement source. Maldonado – who is assigned to the Bedford Hills prison in Westchester – rolled down his window and shouted back at the brothers, who then attacked him, said a witness who was driving a van nearby said. “After they beat him up, he pulled out his shield and then pulled out his gun,” the witness said. One of the brothers shouted, “Shoot the cop!” the source said. Maldonado, who was bruised in the fight, shot Chris Kenner, 36, the younger brother, once in the chest, cops said. The brothers ran, but Kenner collapsed nearby and died at Elmhurst Hospital. Police did not immediately charge anyone. It appeared that neither brother was armed, cops said.

New York Post, January 9, 2007: An off-duty cop from Brooklyn fired a shot at a group of armed thugs last night after their cars collided as he was pulling out of his driveway, police said. The officer, whose identity was not disclosed, was backing out of his driveway on Troy Avenue in East Flatbush when he collided with a Nissan with three men inside just before 11:30 p.m. One of the thugs pulled out a gun and pointed it at the officer, who drew his pistol and fired a shot. Cops said no one was hit and the men drove away.