Armed Citizen in New York


Times Herald-Record, November 29, 2006:
An old farmhouse in a residential part of the Town of Newburgh near Orange Lake was the scene of a wild home invasion in which ski-masked intruders were turned back by shotgun blasts that ripped through walls and panicked neighbors. Police were called to 706 Gardnertown Road Monday night around 8 p.m. in response to reports of gunfire. The owners of the house, a couple in their 20s, said at least three men, possibly Hispanic or light-skinned blacks, burst through their backdoor, pistols drawn. One gunman held the man to the ground, while the others headed upstairs, where the couple’s tenant rents a room. The tenant grabbed a shotgun and fired several times, police said, narrowly missing his landlord. It is unknown if any of the intruders were hit. Lt. Michael Clancy said neighbors reported seeing the intruders flee the house, firing back at its occupants. None of the home’s occupants was injured.

Democrat & Chronicle, October 22, 2006:
A security guard who shot and killed an 18-year-old man told police the man had pointed a gun at him Friday night outside a market on Rochester’s east side, police said. The man, identified by police as Michael Harris of Rochester, was pronounced dead at the scene. The 40-year-old security guard was working at the Wilson Farms market at 969 Bay St. He told investigators that he was approached by two men in or near the store’s parking lot about 11 p.m. Friday, Rochester police said. One of the men pointed a rifle or shotgun at him. The guard fired his weapon and struck Harris a number of times, according to police. Police did not release the name of the security guard. They said he had a valid license for his firearm. The second male who approached the security guard fled the scene. The police investigation into the incident was continuing Saturday. The guard was not arrested. In past instances when fatal shootings in Monroe County appeared to be justified, the district attorney has presented evidence to a grand jury, which makes the ultimate decision on whether the shooter should be indicted and go to trial. In July, the owner of a Lyell Avenue bar shot and killed a man who he said tried to rob him with a gun. The bar owner, John “Paddy” Kitzel, 71, was cleared by a grand jury earlier this month. If Friday’s case unfolds that way, it would mark the fourth justified homicide in Rochester this year. District Attorney Michael C. Green said he could not comment on the shooting until the investigation is complete.

Buffalo News, September 29, 2006: A 62-year-old Buffalo man told police he shot two men who kidnapped him at gunpoint when he grabbed their gun Wednesday. The man was treated in Buffalo General Hospital for cuts to his face, bleeding from his nose, mouth and eyes, and pain in his ribs and left ankle. It was unclear the identity, whereabouts or condition of the two men who were reportedly shot. Police said the man said he was forced into a minivan at Main and Utica streets by two men. The kidnappers held a gun to the man’s head and took him to LaSalle Park, where they duct-taped his wrists and ankles, pistol-whipped him, and repeatedly punched him. Police said the victim grabbed the gun during the ordeal and fired two shots at the kidnappers, striking one of them in the groin.

1010 WINS, September 24, 2006: A 9-year-old boy was in extremely critical condition Sunday after he was caught in a shootout between would-be robbers and the owner of the house he was in on Long Island. The suspects fled, but police believe at least one was wounded in the gun battle. Nassau County police say the child and a 22-year-old man were both shot just after 11 o’clock last night after three men armed with two guns burst into the home on West End Avenue in Inwood. Police say the homeowner, a licensed gun owner, opened fire on the suspects and the suspects fired back. It’s not clear if the victims were hit by the suspects’ bullets or the homeowner’s. As many as nine people were in the home at the time. The relationship between the homeowner and the injured people is unclear. The 9-year-old reported to be in grave condition at Long Island Jewish Hospital. The 22-year-old is being treated for non life-threatening injuries at South Nassau Community Hospital.

Daily News, September 9, 2006: A pistol-packing Harlem granny turned the tables on a robber yesterday, busting out her registered .357 magnum and shooting the mugger in the elbow – while riding in her motorized scooter, cops said. Feisty Margaret Johnson, 57, who has a dislocated hip and a herniated disk, was heading out for target practice about 3 p.m. when a career criminal came up behind her and went for her necklaces, sources said. “There’s not much to it,” she said later. “Somebody tried to mug me, and I shot him.” The thief “walked past her, and came around and choked her,” said Johnson’s pal, Lynnell Bunce, 40. “He was going for her jewelry, and he got it. He didn’t say anything – until she shot him.” Then the man cursed and fled from the scene outside 470 Lenox Ave., where the victim has lived for decades, Bunce said. “I’m very tired. It was very scary,” Johnson said as she later entered her building in her three-wheeled scooter with scratches on her neck and left hand. “I’ve had a very long day.” Police followed the trail of the wounded man’s blood to a McDonald’s restaurant not far from Johnson’s building and arrested 45-year-old Deron Johnson, an ex-con with nine robbery arrests who is no relation to the victim, sources said. He was in stable condition at Harlem Hospital last night, and charges were pending against him. The jewelry was recovered, officials said. Margaret Johnson has a premises permit for the gun, a police source said, meaning she is allowed to keep the pistol in her home and transport it to a firing range. Bunce said her friend, who has a grown son and at least one grandchild, got the permit when she was a bus driver for the city. Neighbors said Johnson, a granddaughter of a famed Harlem gangster, the late Ellsworth (Bumpy) Johnson, is a well-known and well-liked woman. “Everyone loves Margaret,” Bunce said. “Margaret is funny. She’s like clockwork. She’s lived here forever, and she walks her dog four times a day and says hello to everybody.” “She’s spunky,” said Toi Frederick, 26, a lawyer who lives in the same building. “I wouldn’t think she would be someone who would just lay down and give up her stuff.” Bunce said she walked outside after hearing a commotion and saw her friend sitting in her scooter. “I saw her in the chair, and she was in a state of shock. I said, ‘Margaret, do you need me?’ She said, ‘Yes,’ and I said, ‘Well, Margaret, let’s go.’ ” The pair went to the 32nd Precinct police station, where Johnson told cops her dramatic story.

Times Herald-Record, August 17, 2006:
When Simon Shing-Lee got word last month that criminal charges against him for shooting and critically wounding his former employee were being dropped, he was relieved, he said, but not really happy. Lee openly admitted to the Jan. 23 shooting of Jiu Li, a former cook at the Jumbo Buffet Chinese restaurant. But Lee, who co-owns the restaurant, maintained that he shot in self-defense after Jiu Li came at him repeatedly with punches. On July 25, a grand jury decided not to indict Lee, ruling what is called a no true bill. Lee was cleared of charges of first degree assault and first-degree criminal use of a firearm and got his $100,000 bail back. It was a relief, Lee said, but he was not happy with the outcome. “I can’t be happy if I did something to harm somebody,” Lee said. “I never intended to harm anybody.” Jiu Li had worked at the restaurant only nine days, when a Hispanic dishwasher told the owner on Jan. 22 that Jiu Li threatened him with a knife. That night, a Sunday, Lee said he fired the cook. On Monday, after closing, Lee stopped by the house where he boards his workers in Middletown. Jiu Li was still there and the two got into a heated argument. Jiu Li punched Lee repeatedly in the face and neck, Lee said. Lee fell back and his gun came loose. It was in his hand, he said, when Jiu Li lunged again. During the struggle, Lee fired one shot. Then he called Middletown police. Lee didn’t testify before the grand jury. But there were four other witnesses: two Hispanic workers, a Chinese worker who stuck around when the others disappeared, and Lee’s mother, who was with him the night of the shooting. “We provided information of instances where he was aggressive not only to my client but to others working there,” said Lee’s lawyer, Martin Goldberg. “It assisted the grand jurors in establishing state of mind on the part of Mr. Lee.”

Democrat & Chronicle, August 10, 2006: When Matthew L. McDonald tried to rob Stuart D. Miles at gunpoint, Miles responded by shooting and killing McDonald with a .38-caliber revolver. Now Miles is in trouble for illegally possessing the gun he used in self-defense. Miles, 25, pleaded not guilty Wednesday to second- and third-degree criminal possession of a weapon in connection with the May 1 slaying of McDonald, 18, on Jefferson Avenue. If convicted, Miles could be imprisoned up to 15 years. Monroe County Court Judge Patricia D. Marks ordered him held without bail in County Jail. Miles was walking down Jefferson Avenue near Champlain Street when he heard someone walk up behind him, rack a pistol twice and order Miles to “up your chain” and “run your pockets,” said Miles’ lawyer, Robert A. Shapiro. Miles turned and saw McDonald pointing what appeared to be a pistol. Miles pulled out his own gun and fired twice, killing McDonald. McDonald’s weapon turned out to be a BB gun. But Miles couldn’t tell that as he was looking down its barrel, Shapiro said. Prosecutors presented a charge of second-degree murder to a grand jury, which refused to indict him on that charge, said Assistant District Attorney Paul Irving.

Buffalo News, July 13, 2006:
Four youths tried to rob a pizza deliveryman at gunpoint Tuesday night, but the deliveryman pulled out his own gun and held one of the robbers until police arrived, police reported. One boy, whose name was not released, was charged with attempted robbery, criminal possession of a weapon and criminal use of a firearm. His three young accomplices are still being sought. The four juveniles ordered a pizza from Tomatoes Pizza, 1393 Kensington Ave., at about 8 p.m., Northeast District police said. When the deliveryman brought the food to a house several blocks away on Kensington, the boys confronted him at gunpoint, and demanded his food and everything in his pockets. The deliveryman pulled out a .38-caliber revolver and three of the juveniles ran away.

R News, July 6, 2006: A bar owner shot a would-be robber to death at his establishment on Lyell Avenue. The incident occurred at Kitzel’s bar on Lyell Avenue. Police say shortly after noon Thursday, a man attempted to rob the place when he was shot dead by the owner, John Kitzel of Rochester. “He’d give you the shirt off his back, if you asked him for it,” said Susan Kitzel, daughter of the bar owner. “That’s the truth.” Police have not released the name of the deceased gunman. Police recovered handguns, believed to belong to both Kitzel and the suspect. Police say there were no witnesses. “The two individuals were inside the establishment by themselves,” said David Moore, Rochester Police Chief. “The operator was actually opening up when this happened.” The case will be presented to a grand jury, though police say the preliminary indication is the shooting was done in self defense.

Daily News, June 25, 2006: A Long Island woman shot her armed ex-boyfriend to death when he barged into her bedroom early yesterday morning, police said. Carol Lama, 50, of Evert St. in Huntington Station, told cops that she had kept a loaded shotgun beside her bed since breaking up with Robert Travers, who lived about 5 miles away. Lama shot Travers, 50, once in the chest after she was awakened by him entering her room about 1:20 a.m. and saw a pistol in his waistband, she told police. A handgun was recovered, cops said. “She tells us that previously he had entered her home when he had been told not to, so she kept the shotgun for protection against him,” said Suffolk County Homicide Squad Detective Lt. Jack Fitzpatrick. It was unclear how Travers gained access to the home. No charges were filed, Fitzpatrick said. “We took statements, and they will be reviewed by the district attorney,” he said. Lama told police that Travers had physically abused her in the past. She said the two had not been romantically involved for years, but Travers had been stalking her.

Newsday, June 20, 2006: A 42-year-old man shot at two Brooklyn men early yesterday in Hempstead after they threw at least two pieces of concrete at him, Nassau police said. Shortly after 1 a.m., the shooter, whose weapon was registered, fired several 9-mm. shots at the men, who were in a sport utility vehicle, police said. The man, whom police did not identify, shot one of the men in the left leg. Police later arrested Cieron Coley and Matthew Woods. It was unclear why the men were in the neighborhood or what set off the confrontation, but police said Coley and Woods stepped out of the SUV on Virginia Avenue and threw concrete at the man. The pieces of concrete smashed through the man’s front house window and the rear window of his 2004 BMW, police said. That’s when the man, who police said has a valid Nassau pistol permit, shot at them, striking Coley in the leg. Coley and Woods drove off but were arrested in the area a short time later. Coley was taken to Mercy Hospital Medical Center for his gunshot wound. Both men were charged with two counts of third-degree criminal mischief. They were arraigned yesterday at First District Court in Hempstead.

Buffalo News, May 19, 2006: A Buffalo man was shot in the right thigh and then fired his own gun at his assailant Wednesday night at West Delavan Avenue and Grant Street. Marlin Kemp, no age listed, of Harp Place, was approached at about 9:30 p.m. as he left a corner store. Police said a man wearing a black hooded shirt and black baseball cap approached Kemp and said, “Yo, what’s good? What’s good?” and then pointed a revolver at him. Kemp grabbed the assailant’s gun, was shot in his thigh and ran south on Grant Street. The gunman fired two more shots at the fleeing Kemp and Kemp, who also was armed, returned fire but did not hit the other man, according to witnesses. Officers recovered a .22-caliber handgun in a garbage can in the 200 block of Grant Street. No arrest has been made.

WIVB, March 23, 2006: Police say a Buffalo man fought back with a shotgun when three men tried to rob him in his home. News 4 reports one of the suspected bandits is hospitalized with a severely wounded arm. It was an emotional and terrifying night for this 44-year-old Liddell Street resident who fought back when police say one of three men who came to his home to buy tire rims from his 21-year-old son shoved a gun in his face. Buffalo Police Lieutenant Steve Nichols said, “Once they started to negotiate the rims, they pulled out a gun and stuck it in the kid’s father’s face.” The father said, “He pulled a pistol and put it in my face, so I shut the door, grabbed the shotgun, opened the door, and shot him.” Police say all three suspects took off, but 24-year-old Darius Spates, who had been shot in the arm, only made it to Goodyear and Broadway, where a bystander flagged down a Metro bus for help. Spates was rushed to ECMC. Police say the resident who shot him acted in self-defense. Nichols said, “They were just some people defending themselves. They had kids in the house, babies in the house. These guys pulled a gun and stuck it in the guy’s face.”

Buffalo News, March 22, 2006:
Two teenage boys attempted to rob a Vulcan Street credit union at gunpoint Tuesday morning, but ran out empty-handed when a retired Buffalo police officer, working as a security guard, fired three shots at them. The robbers apparently were not struck by any of the bullets. The shooting happened inside the Riverside Credit Union in the presence of a few employees and at least two customers. Buffalo police officials said they believe the guard’s use of his weapon was justified because people’s lives were in imminent danger. “The security guard was protecting his life and the lives of everyone in the credit union before the situation escalated,” said Chief Arturo Salas, who oversees the city’s Northwest District. “Whenever someone points a deadly weapon at you, you have the right to defend yourself – especially when it’s in the commission of a felony.” Two robbers, described as 14 to 17 years old, entered the credit union, armed with a black handgun, according to Northwest District police. One of the robbers ordered the security guard to his knees and told him not to move. When one of the robbers approached the counter, the security guard fired three shots at the robbers. “When the security guard was going down on his knees, he took advantage of the opportunity and fired,” Salas said. “He was acting upon the fundamental right of every citizen to protect themselves – especially from someone who is willing and able to use deadly force against them.” The robbers ran through several yards on Argus Street. Officers said they recovered a black .45-caliber semi-automatic handgun at the crime scene.

Buffalo News, February 18, 2006: The co-owner of a Bailey Avenue food mart pulled out her handgun to foil a robbery attempt at the deli late Thursday night, Ferry-Fillmore District police reported Friday. Two would-be robbers, both dressed in black, entered the Fiya Food Mart, 2021 Bailey, at about 11:05 p.m. Thursday. One of the men pointed a handgun at the woman and threatened to shoot her if she didn’t open the cash register. The woman, who owns the store along with her husband, pulled out her pistol, forcing the two men to flee north on Bailey and east on Doat Street. Police said the couple has a valid permit for the handgun.

Times Union, February 7, 2006: A New York City man has been charged in connection with the theft of nearly two-dozen firearms that were stolen last month from a rural gun store in southern Albany County. Most of the guns have been recovered including some that were found in New York City in the possession of suspected street gang members there, authorities said. Richard M. Mwazi, 20, of Queens, is accused of smashing a window and stealing 21 guns from the Southwings Gun Shop on Route 405 on Jan. 22. The burglary took place a week after another burglary at the store in which three handguns were taken, and Mwazi is a suspect in that break-in as well, police said. Mwazi’s mother, who works for the United Nations, has a summer home on Sleepy Hollow Road in Athens, not far from the gun store, authorities said. During the second burglary, the store’s owner fired a shot at Mwazi’s car as he fled, striking the vehicle, and that would later help Albany County sheriff’s investigators confirm that he was involved in the heist, sheriff’s officials said.