Charges Dropped in Homer Owner’s Shooting of Tenant

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

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Charges Dropped in Homer Owner's Shooting of Tenant
Bob Irwin
Bob Irwin

Las Vegas, NV –-(Ammoland.com)- The Oregonian reported this week (8/15/2016) the Clackamas County Sheriff Office responded to a report of a shooting at a Milwaukie, Oregon home.

The homeowner called 911 around 10:30 a.m. Sunday to report he shot the tenant. The tenant was dead by the time deputies arrived, and the homeowner was arrested soon after.

A judge ordered him to jail without bail after he admitted to fatally shooting his tenant. He was accused of murder and unlawful use of a weapon.

The homeowner had tried to evict the tenant and his girlfriend several times. He recently gave them 12 days to move out and that the deadline had been that day. The homeowner claimed the 53 year old tenant was bipolar, depressed and threatened him several times, including with a pocket knife three months earlier.

On the morning of the shooting, he retrieved his gun after the tenant knocked on his locked door and asked to speak to him face to face. At first the tenant remained in the doorway but then started walking toward the landlord and threatening to kill him. The homeowner said he couldn't see the tenant’s hands and didn't know if he had any weapons on him.

He stated he was “scared for his life” when he pulled his gun and shot his tenant. On Monday prosecutors dropped charges. A Clackamas County grand jury opted not to indict the shooter after hearing testimony from the deceased’s girlfriend, as well as his adult daughter and others who were at the house when the shooting occurred.

The 66 year old landlord is expected to be released from jail sometime shortly.

Comments:

Apparently the witnesses and the physical evidence back up the shooters explanation. They say a good prosecutor can get an indictment against a ham sandwich, well maybe not every time.

With truthful witnesses and a good crime scene investigation, the evidence of a reasonable and necessary self-defense shooting will be there. More often than not our jury system works as it should. Sometimes even the (often one sided) grand jury system works as it should too! “A jury of your peers” is a great idea.

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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DJR
DJR
3 years ago

He should have not been arrested at all. He should sue for false arrest. If it had been a person of wealth they would have investgated first before an arrest. To bad his name was not Clinton. They would not have investigated at all.

Edward R Burton
Edward R Burton
3 years ago
Reply to  DJR

Bingo!!!

Tionico
Tionico
3 years ago
Reply to  DJR

True enough. this guy was not a high flight risk, He told the story, cooperated with LE, his story made sense given the history, etc. Should have left him on his own until after the Grand Jury’s decision. Thanksfully they came back with a No Bill decision.

SuperG
SuperG
3 years ago

Keep in mind that the Clackamas County Sheriff’s aren’t that bright. When the neighbor’s cattle invaded my property, they showed up, and I pointed out the property they came from on their on-board computer map…they still got lost. They showed up at my other neighbor’s house a mile away, and he led them to where they should have been. They are a standing joke to other Sheriff”s around this state.

oldvet
oldvet
2 years ago
Reply to  SuperG

Are they as easily startled as the cops in Minneapolis?

Chris N.
Chris N.
3 years ago

True, any good prosecutor could indict a ham sandwich, but a better prosecutor should know when not to indict even if he/she could. It’s good to hear that the grand jury was able to properly weigh the evidence and make this decision before the homeowner was forced to pay huge lawyer fees while defending himself through what would probably be a lengthy murder trial.

Jay Dee
Jay Dee
3 years ago

A prosecutor may be able to get an indictment against a ham sandwich. Getting a conviction is another story.

Wake_Up_America
Wake_Up_America
3 years ago

I’m glad this homeowner was able to protect himself and that he is finally being released and not charged! I would hate to be in a situation like that, but there is no way I am going to allow someone to attack me, threaten to kill me, etc, etc…
Can you imagine what would of happened to the man if he did not have any form of protection.