Knimrod
01-11-2006, 11:26 PM
Prosecutor: Shooting justified
Wednesday, January 11, 2006
By Peg West
The Grand Rapids Press
BYRON TOWNSHIP -- The owner of a Byron Township business justifiably shot two men who were trying to break into a vehicle outside the building, Kent County Prosecutor William Forsyth said Tuesday.
But Forsyth's decision does not erase the specter of criminal trouble for the 49-year-old man, who now faces a likely probation violation for possessing a gun.
The chaotic Dec. 3 confrontation at 8027 S. Division Ave. involved multiple shots, the business owner getting dragged by the suspects' vehicle and the man ultimately shooting out the tire of the fleeing truck, leading one suspect to surrender on the spot. The other was captured a short time later.
Two rightful scenarios played out for firing the shotgun, Forsyth said: One was using force to stop a fleeing felon, which is allowed under state law, and the other was self-defense, because the suspects drove toward the business owner when he confronted them over the break-in.
The Probation Department now is involved, Forsyth said. The man, whom Forsyth declined to name because of the possible criminal charges, was on probation for being a felon in possession of a firearm.
Meanwhile, the two men who allegedly were breaking into the vehicle are facing charges in court.
Kenneth Richards, 32, has been arraigned on charges of attempted larceny from a motor vehicle, possession of burglary tools and being a habitual offender. His 24-year-old alleged accomplice, Adam Beall, is charged with attempted larceny from a vehicle.
One suspect lost his right eye, the other his left eye, when the business owner shot into the windshield of their truck, Forsyth said. Shotgun pellets spread and hit both of them.
The man was guarding his business after a vehicle break-in the night before. When his hunch that the vehicle might get hit again was confirmed, he discharged his weapon into their truck's front door "to get their attention," Forsyth said.
The confrontation then escalated, with the business owner shooting at the windshield and getting dragged when he tried to take the key from the stopped truck's ignition. He fell off, while the suspects fled and got stuck, allowing the business owner to reload his gun and fire into the tire.
Forsyth said the business owner's original felony was long ago and did not involve a weapon. He was charged as a felon possessing a firearm after going hunting with his son and apparently not realizing he could not have a gun.
Link to story (http://www.mlive.com/news/grpress/index.ssf?/base/news-27/1136994310142250.xml&coll=6)
Wednesday, January 11, 2006
By Peg West
The Grand Rapids Press
BYRON TOWNSHIP -- The owner of a Byron Township business justifiably shot two men who were trying to break into a vehicle outside the building, Kent County Prosecutor William Forsyth said Tuesday.
But Forsyth's decision does not erase the specter of criminal trouble for the 49-year-old man, who now faces a likely probation violation for possessing a gun.
The chaotic Dec. 3 confrontation at 8027 S. Division Ave. involved multiple shots, the business owner getting dragged by the suspects' vehicle and the man ultimately shooting out the tire of the fleeing truck, leading one suspect to surrender on the spot. The other was captured a short time later.
Two rightful scenarios played out for firing the shotgun, Forsyth said: One was using force to stop a fleeing felon, which is allowed under state law, and the other was self-defense, because the suspects drove toward the business owner when he confronted them over the break-in.
The Probation Department now is involved, Forsyth said. The man, whom Forsyth declined to name because of the possible criminal charges, was on probation for being a felon in possession of a firearm.
Meanwhile, the two men who allegedly were breaking into the vehicle are facing charges in court.
Kenneth Richards, 32, has been arraigned on charges of attempted larceny from a motor vehicle, possession of burglary tools and being a habitual offender. His 24-year-old alleged accomplice, Adam Beall, is charged with attempted larceny from a vehicle.
One suspect lost his right eye, the other his left eye, when the business owner shot into the windshield of their truck, Forsyth said. Shotgun pellets spread and hit both of them.
The man was guarding his business after a vehicle break-in the night before. When his hunch that the vehicle might get hit again was confirmed, he discharged his weapon into their truck's front door "to get their attention," Forsyth said.
The confrontation then escalated, with the business owner shooting at the windshield and getting dragged when he tried to take the key from the stopped truck's ignition. He fell off, while the suspects fled and got stuck, allowing the business owner to reload his gun and fire into the tire.
Forsyth said the business owner's original felony was long ago and did not involve a weapon. He was charged as a felon possessing a firearm after going hunting with his son and apparently not realizing he could not have a gun.
Link to story (http://www.mlive.com/news/grpress/index.ssf?/base/news-27/1136994310142250.xml&coll=6)