Felon Claims Self Defense in Deadly Peoria Home Shooting

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

Frank D. Flowers
Frank D. Flowers was arrested for defending his life, with shotgun based on prior felony conviction.
Bob Irwin
Bob Irwin

USA –-(Ammoland.com)- The Peoria Journal Star reports 01-04-2017 in Peoria, Illinois, the first homicide of the year appears to have started from an argument and could wind up being a case of self-defense.

Assistant State’s Attorney Dave Kenny told Chief Peoria County Judge Paul Gilfillan on Wednesday that his office wasn’t “comfortable” charging a 29 year old, on Sheridan Road, with murder in connection with Monday night’s shooting death of a 37 year old outside his home.

The shooter told police he had heard a noise outside his house and went to a grab a shotgun he had under his couch. Upon going outside about 8 p.m., he saw someone he recognized, who he thinks was trying to collect on an old debt.

The shooter told police that he thought the man had a handgun and when he started to walk toward him with his hand in his pocket, (Or down by his side) holding the gun.

He fired a single shot, hitting the debt collector in the abdomen. A small handgun was found near where the intruder fell. Police also found a footprint on the front door of the house, which backed up what the shooter and his girlfriend said, that they had heard a noise of someone kicking the door.

But the shooter was charged with being a felon in possession of a weapon, based upon a 2004 aggravated battery conviction, and ordered held on $30,000 bond pending a Feb. 2 2017 preliminary hearing. If convicted, he faces up to five years in prison.

Before the hearing, State’s Attorney said the investigation continues.

The intruder who was from the local area was pronounced dead about 8:30 p.m. at OSF Saint Francis Medical Center.

Comments:

Collecting on an old debt with a firearm? Obviously not a case for small claims court. We will assume this was as presented, just two guys in a money dispute.

Not all of America uses the small claims court system to collect disputed funds. In our at large off the books society such things are often handled person to person.

Get advice from legal aid, they have free lawyers who can help you through the more civilized system.

If you’re a prohibited person, a firearm used even in defense presents an interesting issue.

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 9 to 10 pm on Thursdays and also on YouTube “Fired Up with Bob Irwin.

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Chuck

Sounds like he should be prosecuted for the weapon at least. Self defense or not he was a violent offender with a gun.

Idadho

Sometimes, Bob misses the mark by a mile. “Get advice from legal aid, they have free lawyers who can help you through the more civilized system.” Legal aid is only for a limited group of people. usually those on Medicaid or public assistance.
Small claims is not a debt collection system. It is a judgement system. It then takes extreme effort to collect the debt.

Tionico

True enough. I had a clown who had stopped payment on his check to me for his engine rebuild, BEFORE he came to pick up his car!!!! Took it to Small Calims Court and won. That was before passing a bogus check was a serious crime. I won, of course…. then asked the judge when I would get my money. He said “this case only establishes that he owes you. Now its YOUR job to collect.
“he’s moved, no forwarding address, heis disappeared” Judge says “that’s life. Ya cai’t git blood out of a turnip. ”

Lesson learned.

Wild Bill

Yes, our system works so well. I have a neighbor on the other side of the highway that likes to detonate huge and loud roman candles every New Years Eve at midnight, just to scare the hell out of my rescue horses. I complained and he is currently suing me! Our system does not work. Oh, the other neighbor shot two rounds over the guy’s head, so, now, no fireworks go on on that side of his ranch.

Jim Macklin

We used to have horses. All our horses were used to 30/06 target practice. If your horses are trained starting with 22 shorts and working up to really loud noises, you too can enjoy New Years’ fireworks. Or just tranqu your horses at 10:30.
Shooting over people is not a proper cease and desist method.

Wild Bill

I suppose that horses could theoretically get used to fireworks if exposed long enough and often enough, but that would be expensive for me, dangerous for me, and time consuming for me. When all he wants to do is annoy me. And as he has chosen to drag me into court, I can only help him get to the logical legal conclusion.

Patrick Sperry

It is said that if you can’t do the time, then don’t do the time. If you did do the time didn’t you pay your debt to society? It wasn’t all that long ago that when a prisoner was released that they were given a rifle and ammunition so that they could defend and feed themselves. I think we need to rethink that. Then, as noted by another commenter, Charles Schumer has blocked funding repeatedly that would allow for individuals to have their rights restored. This is not just for felons, and in fact, misdemeanor convictions for domestic violence in… Read more »

Rattlerjake

“if you can’t do the time, then don’t do the time.” – What the hell does that mean?

Tionico

typo. Get over it

Rattlerjake

Always an excuse — You don’t understand English either. Typo = Typographical error = A typographical error (often shortened to typo) is a mistake made in the typing process (such as a spelling mistake) of printed material. Historically, this referred to mistakes in manual type-setting (typography). The term includes errors due to mechanical failure or slips of the hand or finger, but excludes errors of ignorance, such as spelling errors. Yours wasn’t a typo it was, as the last sentence says, an error of ignorance.

Michael O

You’re pathetic jerk. Get a life..

Dave Eckart

It means he made a typo. Your grammar could use some work, too. The phrase, as I remember it, came from the theme song of an old TV show, Baretta. It’s origin may lie elsewhere, but I do recall it from that show. If you can’t do the time, don’t do the crime.

Rattlerjake

Hey MORON, he didn’t write “If you can’t do the time, don’t do the crime” he wrote “If you can’t do the time, don’t do the time”. Reading comprehension obviously isn’t your strong suit, thanks for showing your ignorance also!

Dave Eckart

Rattle, not only your grammar needs work, but your empathy and humanity. You are correct, he didn’t write “If you can’t do the time, don’t do the crime”. He wrote, as you stated, “If you can’t do the time, don’t do the time”. I’m not going to call into question your cognizance, sentience, nor your lack of intellect, nor your reading comprehension, but any idiot and any other person, but you would have been able to understand what he meant to write, and not what was actually written. This comment board does not appreciate those like you that can’t respond… Read more »

Patrick Sperry

Thank you!

Patrick Sperry

Okay, it slipped past me. “If you can’t do the time then don’t do the crime.” This system doesn’t allow for editing. So, from what I read you figure that disqualifies anything that I posted as inconsequential.

Have a nice day!

Tionico

If “society” can find the money to run the trials, convict, maintain in prison, etc, they they’d BETTER also be able to find the money to finish the job once the “debt” is paid. Same system, same budget. And it should NOT cost thousands and take years.

And that rat UpChuck Schumer should be forced to go find a soupline somwhere and stop sucking at the public teat.

Paul Franklin

Prohibited or not in this case the old addage ” I would rather be judged by 12 than be carried by 6 “

Peter J Hammond

The shooter should be charged because he had a firearm in his possession period. The issue of the shooting being justified is another issue. The deceased was shot outside. I did not see any real threat made. I will not loose sleep if this guy gets nailed and I think people supporting him are hurting the rights of legitimate gun owners.

Tionico

coming toward the homeowner with what appeared to be a handgun in hand IS threatening. Remember, they found a small handgun on or next the dead guy, AND his muddy footprints on the front porch. This gives every appearance of a justified self-defense shooting. WE are not in a position to second guess the details. On the other hand, technicallly he was a felon in possession…. now a live one, and it seems likely had he NOT had that gun in hand, HE would be the dead one. Yes, there NEEDS TO BE a clear and accessible pathway to get… Read more »

Jim Macklin

Whether a prior conviction for a violent felony or if enough time had past for restoration of rights is a matter separate from the shooting and death of the prowler. Whether the resident should have called 911 and prepared to defend his dwelling rather than going out is a factor for a jury. The Federal law does provide a restoration of rights process, but Senator Schumer has blocked funding for the program. Col. North was before the funding cutoff. The laws in each of the 50 states vary as to how much time a ban on possession lasts after release… Read more »

Roy D.

One has to ask the question why he didn’t call the police and report an attempted break in and let them handle it while secured in his abode. Maybe he had something else in the house that would have drawn the interest of the police after they got there. Many questions and we’ll get no answers. Once again, you had better be sure your bases are covered before pressing that trigger.

Dan

The time for federal firearm rights restoration is now especially for non-violent felons. No one losses their right to free speech is they are convicted of perjury, or fraud or any other felony for that matter. Why is it that the 2nd Amendment isn’t sacred like the others and treated as a second class right? If a right can be taken away then its really not recognized as right. NRA board member Col. Ollie North got his gun rights back after getting a felony for lying to Congress but the NRA seems to have no interest in helping former gun… Read more »

Thomas F

His conviction was aggravated battery. Not a nonviolent crime. Also, grab your gun and hunker down while calling police. There was no reason to go outside and confront. There would have been a lot more standing if he had kicked the door down on a subsequent try and immediatly been met with a shot from the shotgun. There are other people saying it here and they are right.

Jim S

I also support the restoration of 2A rights upon completing your sentence successfully. People, this is a non-negotiable right. Too many of us make concessions on FA ownership that ultimately whittle away those of us who are not felons. Now misdemeanors can disqualify you from firearm ownership (your state may vary). This simply needs to stop.