New York Home Invasion Stop by Loaded Gun

Bob Irwin dissects the latest self defense and other shootings of the week. What went wrong, what went right and what we can learn from defense with a gun.

Bob Irwin
Bob Irwin

Las Vegas, NV –-(Ammoland.com)- WGRZ-TV 2 reported last month (4/25/2016), a homeowner in Fredonia, New York, a homeowner was awakened by a man and woman inside his closed porch pounding on his door at 2 in the morning.

The man went to the door with his legally-owned handgun as the two suspects push their way in. He found himself face to face with a pair of home intruders.

The three exchanged words inside the home as the homeowner repeatedly old the pair to leave while holding his gun on them. The intruders wisely chose to withdraw.

As the male and female suspects attempted to leave in a car, the homeowner went out onto his front steps to try and get vehicle information. Seeing that, the male intruder jumped out of the driver’s seat, yelled some threats and charged the homeowner.

The homeowner fired several shots, hitting the now aggressive intruder. The intruder then got back into the vehicle and drove off. The homeowner called 911 and Officers stopped the vehicle a short time later. The suspect who was shot was transported to Erie County Medical Center.

He is being charged with second-degree criminal trespass.

Update on 5/5; The homeowner who shot at home intruders will not face charges says Chautauqua County D. A. Patrick E. Swanson. “It is the position of my office that the homeowner….. did not operate outside the confines of the law….firing three rounds from a .45-caliber, properly licensed handgun.”

“It is the position of this office that the homeowner not only acted within the law, but also with discretion, as they shot only at the legs of the subject hit. While any self-defense class would teach otherwise, the homeowner probably spared a life when taking action in that manner.”

Comment:

A District Attorney declines to charge the homeowner. This would be a very close case in more urban, anti-gun parts of New York. The D.A.’s comment that all instructors teach center mass shooting under these stressful conditions is certainly correct. Happily a clear thinking D.A. got the case!

It could have been wiser to just call 911 without trying to “get the plate number”. One of my client’s years ago did this same thing, following another to get the license number. In his case, a gun fight ensued. The court viewed it as a separate conflict with my client as the aggressor, resulting in some prison time.

That’s why in these case comments, I often harp on “Let the police handle it if possible”! Experience tells me a great many unexpected things can happen after the event.

Bob Irwin, The Gun Store, Las Vegas

About Bob Irwin

The writer is the owner of The Gun Store in Las Vegas and has a gun talk radio show “Fired Up with Bob Irwin” Firedup is now on KSHP 1400 am radio from 5 to 6 pm on Thursdays and at the same time also on YouTube “Fired Up with Bob Irwin“.

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Wayne

I can respect Irwin’s expertise but his opinion is just that. In MY opinion, the homeowner step out on his porch to confirm the intruders left. It is irrelevant if ha did it to get a tag number or not, he wanted to make sure they were leaving. He didn’t give chase or give the man intruder any reason to come running back at him in a threatening way. The only thing I find the homeowner at fault in, would be not aiming for the head. I wonder how many here would just close the door & hope it was… Read more »

james

Good shooting indeed.

CountryBoy

Surely it is against the law to have a loaded gun in your home in New York …. after all it is against the law to have 10 rounds in the magazine …

Tionico

maybe it was a 1911/clone, seven in mag one in pipe. Whatever it was it did the job. And the homeowner did, too. His gun did, because HE did.

TXGnr1911

“New York Home Invasion Stop by Loaded Gun” If you read the article, as I understand it, the “home invasion” was NOT stopped by a loaded gun. Yes, the home owner had a gun, and yes the intended invaders left. But as I read it, a possible physical assault and bodily harm is what the “loaded” gun stopped. Now, honestly, how many potential crimes are stopped by and unloaded gun? I know, picky, picky, picky.

TEX

I’m sick of Irwin and his nonsense advise. Whenever possible head shots are always preferred to center mass. A clean head shot almost guarantees the scum won’t survive) Irwin still likes to retreat,call 911, and cower in your house until police arrive. ‘When seconds count the police are only minutes away’ ! After you were forced to kill the scum because they attacked you then call 911 and tell them to bring a meat wagon too !

ManInBlack

OK Tex…

Mikial

I have to agree with the article. Once the threat was neutralized, in this case by the intruders leaving, he should have stayed in the house and called the cops. Frankly, I wouldn’t have even opened the door, just called the cops and got ready to defend if they tried to kick in the door to the house.

Tionico

when we consider that “the security of a free state” is a burden resting upon the shoulders of.. WE THE PEOPLE, this homeowner stepped up to the plate and took that responsibility upon himself, as clearly laid out in that Second Article of Ammendment….. rather than cowering inside his home and letting these two perps get off clean, only to persue their next victim, or come back well armed and finish the job they’d begun. Cops won’t do a thing unless there is some solid evidence/information to follow. 911 operator: 911 how may I help you”. SOmeone just tried to… Read more »

Wild Bill

The attackers appearing to leave does not mean that the threat is neutralized. Just because the attackers leave does not mean that they have gone away or if they have gone away, that they will not come back, at the time of their choosing. They may leave eyes on you and when you are more vulnerable renew the attack. It is pretty easy to substitute your judgement, at the cool dispassion of your computer key board, for the judgement of those that were under immediate attack.

SuperG

I’m with you Bob, the home owner gave up a defensible position and could have been subject to fire from unknown accomplices once he stepped outside. He should have just called the cops once the intruders were off his property.

Wild Bill

The law of self defense cares nothing for “defensible position”. See Robinson on Criminal Defenses. The home owner was on his own front steps, when “the male intruder jumped out of the driver’s seat, yelled some threats and charged the homeowner.” This second attack created a situation created that would have made me believe that I was in danger of death or great bodily harm. This is not a close case. Further evidence that this is not a close case is that a New York prosecutor declined criminal prosecution. Had the homeowner just called 911 and let the police handle… Read more »