Police: Uber Eats driver shoots armed man in self-defense
Investigators say an Uber Eats delivery driver shot a man in what appears to be self-defense outside a Pollo Tropical in Port St. Lucie

Investigators say an Uber Eats delivery driver shot a man in what appears to be self-defense outside a Pollo Tropical in Port St. Lucie.

The Port St. Lucie Police Department said officers responded around 3:43 p.m. Saturday, Sept. 19, to the restaurant at 1365 NW St. Lucie West Blvd. after receiving reports of a shooting.

Officers found Christopher Harris, 37, suffering from a gunshot wound to his chest. He was flown to HCA Florida Lawnwood Hospital, where officials say his injuries were determined to be non-life-threatening.

According to Port St. Lucie Police Chief Leo Niemczyk, the man who fired the shot is an Uber Eats delivery driver.

Niemczyk told WPBF 25 News the incident started over a parking spot.

“He [Harris] pursued him inside. There was a little interaction in the doorway entrance. The Uber Eats driver went inside, picked up his order, went out, and the other person pursued him outside, shoved him and pulled out what appeared to be a knife, what was identified to be a knife,” he said.

Niemczyk said the Uber Eats driver shot Harris once in the chest.

“Christopher Harris. He was the aggressor. He pursued the other individual. He followed him back outside. He shoved him. He pulled out a weapon,” Niemczyk told WPBF.

He said that justifies the man who pulled the trigger defending himself.

“It’s self-defense. It also fits the stand-your-ground rule because he is being pursued. He has no duty to retreat. In fact, he did try to retreat. He did try to avoid the situation, but he was pursued. So 100%, he turned around and used appropriate action. He met deadly force, being a knife, with deadly force by firing one round. It appears to be 100% justifiable,” Niemczyk said.

After being shot, officials say Harris went back inside the restaurant, where people began providing aid and called 911.

Investigators said one knife was recovered after it had been removed from Harris’ waistband while people were helping him. Police said another knife was later found in his front pocket.

Harris is facing charges of attempted aggravated battery with a deadly weapon and felony battery based on a prior battery conviction. Officials say once he is released from the hospital, they expect him to be booked in the St. Lucie County Jail.

The Uber Eats driver is not facing criminal charges in the case.

Better video

An update on this:

Wife Tells 911, ‘My Husband Had to Shoot’ After Alleged Intruder Killed

Transcripts of a 911 call about a homeowner shooting an alleged intruder earlier this month have been released, and at one point the homeowner’s wife says, “My husband had to shoot.”

Breitbart News reported the September 7th incident in which an alleged intruder, identified as 37-year-old David Lee Jr., was shot and killed by a Mobile, Alabama homeowner.

Now, FOX 10 TV has acquired and published 911 calls from that night, one of which was from a business owner and the second of which was from the wife of the homeowner who shot Lee.

The first call came in after a business owner saw Lee on his property around 9:13 p.m. The unidentified business owner told 911 that Lee “was just climbing at the top of our barbed wire getting in when I saw him.”

He noted that Lee allegedly made his way up some stairs, only to fall off after unsuccessfully trying to enter a window.

Minutes later, the 911 call from the wife of the Mobile homeowner came in, and she told the dispatcher that a person whom they did not know was trying to get into their home. She then said, “My husband is armed and he is trying to get the person to leave. He is knocking at our window.”

The sound of the window breaking could be heard and then a gunshot, and the dispatcher asked if Lee was making his way through the house. The wife responded, “No! My husband had to shoot.”

Lee died at the scene.

Home Invader’ Is the One Species Most States Still Don’t Protect.

A lot of folks in Arizona love and embrace the Second Amendment. After all, one doesn’t need a permission ship to bring your heat in the Copper State. In Saint David, a 67-year-old man learned that a bedroom window isn’t a senior citizen discount lane.

Last week, a homeowner with two small children inside heard suspicious noises and checked his cameras. He saw a strange old man breaking out a window and trying to climb inside. Mr. Homeowner fired upon the would-be intruder.

The 67-year-old won’t make his 68th birthday party. Meanwhile the kids inside the home didn’t miss breakfast and remained uninjured and unmolested.

 

After being shot, the intruder abandoned his attempt to climb through the window, but he didn’t get far.  Cops found him “unresponsive” outside the window. Medics tried, but failed.

 

For some do-gooders, the excuse menu writes itself. Maybe he was a mental case. Or drunk. Possibly stoned. Perhaps just a confused neighbor. Maybe he just had a poor life coach.

None of it gives anyone a climbing permit to bust a window and force entry into a home in the middle of the night (or any other time). One with children. Age isn’t a free pass. “He lived nearby” isn’t an invitation. If your plan includes break-glass-and-force-entry, you’ve chosen to be the one species that most states don’t protect.

This was a father standing between a bad dude and two little children. Cochise County Sheriff Mark Dannels says we need to wait for the full investigation. Fine. The part already on the table doesn’t require a sĂ©ance to figure out. Occupied house. Broken window. Stranger coming through.

Fox10Phoenix has it:

An Arizona homeowner allegedly shot and killed a suspected intruder early Sunday morning, according to the Cochise County Sheriff’s Office.

Deputies were notified of a potential burglary in progress at a Saint David home in the early morning hours on Aug. 30.

The homeowner said he was inside with his family, including two small children, when he heard what sounded like a window being broken. When he checked his home security system, someone was seen outside, the man told officials.

After entering the main living area, the resident said he saw a shadow near the window, as if someone were trying to get into the home.

That doesn’t sound like it requires much more of an investigation.

MPD: Homeowner shoots and kills man who broke in through window

MOBILE, Ala. (WALA) – The Mobile County District Attorney’s Office is now reviewing a possible self-defense case after Mobile police say a homeowner in west Mobile shot and killed an intruder.

All of this happened the night of Sept. 7 after 9. MPD officers and homicide detectives were gathering evidence inside a home on Calgary Drive after responding to multiple shots fired.

Investigators say 37-year-old David Lee Jr. broke into the home through a window. That’s when police say the homeowner shot and killed him.

One street over, several police cruisers sat in a business parking lot. When FOX10 News asked why officers were there, we were told to go to the scene on Calgary Drive for information. MPD has not said why officers were staged here.

One neighbor said it’s sad someone died, but they believe the homeowner did what they had to do to protect their family.

Less than 24 hours after the shooting, a biohazard cleanup crew was parked in the home’s driveway.

As of tonight, no charges have been filed.

Stand your ground law
Under Alabama’s stand your ground law, a homeowner does not have to retreat before using force against someone who breaks into their home.

That law could play a role as the DA’s office decides what’s next.

We’ve requested the 911 transcripts and are waiting to hear back. We’ll update you as we learn more.

Homeowner shoots, kills intruder in Mobile

A homeowner shot and killed a man who police say broke a window and entered a home Monday night in west Mobile.

Mobile police said officers responded around 9:19 p.m. to the 8300 block of Calgary Drive, where they found a man inside the home suffering from a fatal gunshot wound.

Investigators said the homeowner shot the man after he unlawfully entered the house by breaking a window.

The man was identified as 37-year-old David Lee Jr.

Police said the case will be turned over to the Mobile County District Attorney’s Office for review

No charges in self-defense shooting
Home intruder died after confrontation with resident

VENICE — No charges will be filed against the victim of a home invasion who shot an intruder who died a short time later.

A Venice man who forced his way into a unit at the Maren Apartments & Townhomes community on July 1 was shot and killed by the resident. The State Attorney’s Office determined the use of force was justified and isn’t bringing charges.

Aaron Bean’s use of deadly force was justified under Florida law, the State Attorney’s Office determined, according to a news release from the city of Venice.

Terry Lee Murphy, 32, of Venice, forced his way into Bean’s apartment in the Maren Apartments & Townhomes community on Vistera Boulevard in North Venice early July 1 and threatened to kill him and members of his family, it states.

Murphy got access to the complex by scaling a perimeter wall, police said at the time, and there had been prior conflicts between the men.

Once in the apartment, Murphy repeatedly shoved and struck Bean while holding one hand behind his back as if he were armed, the release states.

The confrontation continued into a bedroom, where Bean retrieved a firearm and fired three times.

After being shot, Murphy fled the apartment, went down two floors in the building and entered an apartment that had been inadvertently left unlocked, where he collapsed, officials said at the time.

Both Bean and the occupant of the second apartment called 911.

“Bean immediately reported the shooting, cooperated fully with investigators and voluntarily provided footage from a security camera inside his apartment,” the release stated. “Investigators reviewed digital evidence that corroborated testimony provided by Bean.”

Bean had no duty to retreat within his own home and reasonably believed that force was necessary to prevent imminent death or great bodily harm, so the State Attorney determined not to prosecute the case, it states.

“Our detectives carried out their duty to conduct a thorough, impartial investigation, allowing the State Attorney’s Office to reach a determination based on the complete evidence and applicable law,” Venice Police Capt. Eric Hill said in the release. “While this decision closes the criminal investigation, we recognize the gravity of the incident and the loss of life involved.”

Police say deadly Evansville shooting was self-defense

EVANSVILLE, Ind. (WFIE) – Evansville Police say a deadly shooting Saturday at a home on Delmar Avenue near Broadway was self-defense.

Police found 34-year-old Carson Helmling with a gunshot wound to the chest.

Police say Helmling owned the home. He had gotten into an argument with two people his brother had allowed to stay there. Officers say Helmling tried to get them to leave and swung a board at them.

Police say based on evidence and statements from witnesses, the shooting was done in self-defense.

“So initially officers responded, detained multiple people, both witnesses and the shooter, who remained on scene afterwards, and then began the investigative process. So through that they interviewed multiple people, people that were present as well as again the shooter, and determined that it was likely a self-defense situation,” said Sgt. Anthony Aussieker.

No arrests have been made. The investigation is ongoing. Anyone with information is asked to contact the Evansville Police Department.

Homeowner shoots intruder at Spartanburg County home

SPARTANBURG COUNTY, S.C. (WSPA) — A home intruder was killed at a Spartanburg County home on Sunday, deputies said.

Investigators said they responded to a residence on Cherokee Circle around 2 a.m.

According to the Spartanburg County Sheriff’s Office, a person was found dead at the home with multiple gunshot wounds.

Two other residents were also found at the home uninjured.

Deputies said interviews and evidence revealed the intruder entered the home and encountered the homeowner who shot the individual.

Officials said the individual is believed to have no prior relationship with the residents at the home.

The Spartanburg County Coroner’s Office identified the individual as Xavier Felix Rivera-Goucher, 19, of Campobello. Investigators called his death a homicide.

No charges have been filed at this time, the Spartanburg County Sheriff’s Office said.

Man shot by Orange Park homeowner after leading deputies on a chase in stolen car: CCSO

ORANGE PARK, Fla. – A man and woman were taken into custody Monday after a police chase involving a stolen car ended with a homeowner shooting the intruder in an Orange Park neighborhood, according to the Clay County Sheriff’s Office.

Sheriff Michelle Cook said during a news conference that the incident began around 3 p.m. when deputies learned about a stolen white Volkswagen near Blanding Boulevard and Camp Francis Johnson Road.

Deputies located the vehicle, but the driver, identified as William White, 34, sped off, hitting a patrol car and another vehicle during the pursuit, Cook said.

White eventually stopped on Blanding Blvd. and jumped out of the vehicle, along with Amanda Strickland, 32.

Deputies immediately detained Strickland, but Cook said White ran into a home in the nearby neighborhood through a detached garage near Meadow Drive and Grafton Drive.

The homeowner and his wife were inside the home at the time. Cook said the homeowner shot White in the leg.

He suffered non-life-threatening injuries and was taken to the hospital for aid.

Cook said White also had outstanding warrants for grand theft and armed robbery charges.

It is unclear what charges Strickland will face at this time.

Intruder killed, homeowner injured in East Fort Worth shooting

A shootout inside an East Fort Worth home Saturday afternoon left one man dead, and a resident hospitalized with gunshot wounds, police said.

What we know:

The shooting happened at 3:30 p.m. on Misty Glenn Court, located near Interstate 30 and East Loop 820.

According to Fort Worth police, a resident returned home to find an intruder inside the house. A physical fight broke out between the two men, and both drew firearms and shot at each other. Both men were struck during the gunfire.

The intruder died at the scene. The Tarrant County Medical Examiner’s Office has identified him as 29-year-old Darius Levy.

The resident who lives in the home was taken to a local hospital for treatment. Information on his condition was not immediately available. His identity has not been released.

Investigators said Levy had an active protective order filed against him connected to another resident of the home, but not the resident involved in the fatal shooting.

Neighbors reported hearing an altercation coming from the home shortly before the gunshots rang out.

What’s next:

Detectives are continuing to investigate the incident. No formal charges have been announced.

Man killed after entering Riverton gas station with shotgun identified

RIVERTON — One man who entered a Riverton Chevron Holiday gas station with a shotgun is dead after officials said an armed, unaffiliated person engaged with him.

Riverton public information officer Nate Slack said the man, Ofa’tangikivaha Angilau, 23, was shot and killed by the other individual who had a weapon.

He said no police were involved and no others at the gas station were injured.

In a statement on Monday with the name of the deceased man, Slack said initial reports that the man had fired the shotgun were incorrect.

“We want to reiterate that the investigation has determined initial reports of the man firing shots inside the Holiday Oil were incorrect,” Slack said.

The incident occurred on Friday at the gas station at 12600 S. 4185 West.

According to Slack, the man had entered the gas station to purchase alcohol, but did not have ID, so the clerk refused to sell him alcohol and he became “belligerent” and “argumentative.” At that point, another person tried to de-escalate the situation, and the man left and got into his car.

Slack said the man drove around, but soon came back with a shotgun, and an individual inside the gas station chose to fire and killed Angilau. After being shot, Angilau exited the store and collapsed outside, where he died from his injuries.

He said the person who shot the man has been very cooperative with officers.

“I think this is why a lot of people do conceal carry just to protect themselves in situations like this. Obviously a very unfortunate situation, but they do occur; they are rare, however, especially here in Riverton,” Slack said.

Teen arrested in Miami Gardens food delivery robbery that left 1 man dead, police say

A teenager was arrested in Miami Gardens after a food delivery driver shot and killed a man who police say tried to rob him on Thursday afternoon.

According to Miami Gardens police, when officers responded to the shooting in the 20300 block of Northwest 34th Court, they found an adult man on the ground with multiple gunshot wounds.

He was airlifted to Aventura Hospital, where he was pronounced dead.

Police said the shooter, only identified as a 28-year-old black male delivery driver, stayed at the scene and told officers he had come to deliver food when he was robbed at gunpoint by two men.  According to police, the driver said he shot one of the suspects in self-defense.

Witnesses told police they saw a second suspect, described as a tall, slim man with dreads and orange slides, running west from the scene toward a white vehicle with front-end damage. Investigators issued a be-on-the-lookout for the vehicle, and a license plate reader picked up a matching car nearby soon after.

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Jabari Joshua Thomas-Broward Corrections

Detectives said they recovered surveillance video that supported the accounts from witnesses and the driver. The second suspect was identified as Jabari Joshua Thomas, 18, and found in Miramar with help from Miramar police officers.

The identity of the suspect who was killed had not been revealed, but Thomas faces charges of second-degree felony murder and armed robbery.

He is being held without bond at the Broward County Sheriff’s Office jail, pending extradition to Miami-Dade County.

Escalating Use of Deadly Force in Self-Defense

An armed attacker entered a restaurant in Cerritos, California. A good guy with a gun stopped a bad guy with a knife. That simple description covers an interesting story.

What we know- The crazy guy with a knife stole a truck from a young woman. He damaged the truck and dumped the vehicle in a shopping center. The crazy guy then ran into a nearby restaurant. He ran into the kitchen and food-preparation area. The attacker was already bleeding from a self-inflicted knife wound to his neck. The attacker threatened the restaurant staff. The staff ran out the back door of the kitchen and also ran out of the kitchen and into the dining area.

One of the customers sitting in the dining area was a gun owner. He had his California permit to legally carry his personal firearm concealed in public. He was armed that day. He was armed in the restaurant. He defended himself and other innocent parties.

The defender stood up and presented his firearms. He shouted “Stop! Drop the knife!” The attacker turned toward the defender and advanced with the knife in his hands. The defender shot the attacker. The attacker stopped advancing and fell to the ground. The defender stopped shooting. The defender remained at the scene and gave a statement to the police.

Let’s take a closer at what happened.

  • This was the middle of the afternoon on a weekday.
  • The defender stood up rather than retreating to a position of concealment and cover. That was the first rung on the use-of-force ladder. He said ‘I’m here and I see you.’
  • The defender presented his firearm. Now, both the attacker and the defender had weapons in their hands.
  • The defender issued a verbal challenge. He yelled “Stop!”
  • The attacker initiated the conflict by closing the distance to the defender.
  • The defender recognized an immediate, lethal, and unavoidable threat. Read those three terms carefully. All three must be present to justify the use of lethal force in self-defense. The defender did not have time to think and evaluate. He did have time to recognize a situation he had already considered and classified.
  • The defender used lethal force to stop the threat. The armed defender stopped using lethal force when it was no longer justified to do so. That could happen before the first shot, or after he fired every shot in the gun’s magazine.
  • The defender wore the mantle of innocence. He stayed at the scene. He holstered his firearm. He called the police or asked someone else to do so. He gave a statement to the police and cooperated in collecting evidence of what happened.

There is a lot more we want the good guy to do. Unfortunately, those sort of details aren’t covered in most news sources. Let’s speculate about what we might want to do.

Most attackers who use a weapon against innocent people are high or drunk. Don’t expect sane behavior from a crazy person.
Ask people to stay down. You don’t know if the attacker is a crazy person acting alone, or part of a robbery team. It might not be safe to stand and move around.
Can you take the knife or gun away from the wounded attacker without exposing yourself to danger? There are entire class segments devoted to how to secure a weapon that was used in a crime. When in doubt, leave that to the police.
Ask if anyone else is hurt and needs assistance. Is there a cook who was cut and is lying on the floor of the kitchen? Was one of the restaurant customers hurt when they dove for the floor? Was anyone else hurt by the shot you fired? The emergency response system might need to roll several teams if there are a number of injured victims.
Ask everyone to call 911. That gives the 911 system a list of cell phone numbers that were in the restaurant when the attack happened. Also, ask a particular staff member in the restaurant to call 911 and then stand next to you when they are on the line with the dispatcher. Since someone was shot, you want to ask for both police and emergency medical services.
If at all possible, you want to put your gun away before the police come through the door.
Do what the police tell you to do. It is there scene and they are responsible for what happens after they arrive.
Have a lawyer to call. Your lawyer will write out your official statement. His job is to be accurate and complete. He will explain why the use of lethal force was the safest course of action. At the scene, the most you can do is make sure the police don’t overlook obvious evidence. Once that is done, then be quiet and let your lawyer tell your story.

Despite its anti-gun politics, there are many millions of gun owners in California. California citizens in the Democrat-controlled costal counties might have a difficult time securing a carry permit. Citizens who live in inland counties have a much easier time.. and their permits are good in every county. Armed defense like this happens thousands of times every day.

Hancock Co. Prosecutor says deadly shooting of unarmed man falls under self-defense; no charges filed in road rage encounter

HANCOCK COUNTY, Ind. — Criminal charges will not be filed against a man who shot and killed an allegedly unarmed aggressor during a road rage confrontation in Hancock County.

The Hancock County Prosecutor’s Office says the road rage shooting falls under self-defense.

Previous reports detail the shooting, which took place on the afternoon of July 21. Police said the shooting was the result of a road rage confrontation and ended in the death of 37-year-old Kevin Powell of Indianapolis.

After the shooting, the gunman, who the prosecutor said was driving to work, stayed on scene and called 911.

“You know this is a tragic situation. There are no winners here,” said Hancock County Prosecutor Brent Eaton. “It’s really a terrible situation. We hate to see things like this happen.”

According to investigators, two vehicles — a Volkswagen Jetta and a Dodge Journey — had been traveling along the same path from Marion County into Hancock County. Witnesses claim the Dodge began following the Volkswagen at an extremely close distance, less than a foot off the other car’s bumper.

When the two vehicles stopped in a construction zone, Powell reportedly exited the Dodge Journey and “aggressively approached the Volkswagen,” according to the prosecutor’s findings.

One witness allegedly heard Powell tell the Volkswagen driver, “You shouldn’t be driving on my road that fast, motherf*****.”

A witness described Powell’s demeanor as “very hostile.”

After berating the Volkswagen driver, Powell reportedly started back toward his Dodge, but then turned around and headed back toward the Volkswagen. The Volkswagen driver stepped out of his vehicle armed with a handgun.

The prosecutor makes no mention of Powell ever being armed.

“I wouldn’t do that. Don’t do that. Get back in your car,” the Volkswagen driver allegedly told Powell. But Powell reportedly kept advancing.

The Volkswagen driver then fired several shots, striking Powell more than once.

Powell retreated to his vehicle and succumbed to his injuries, investigators said.

Witnesses later told police that at one point, Powell allegedly was heard saying to the Volkswagen driver, “Oh, you gonna get your gun? You afraid? You gonna get your gun? Well, come on, get out.”

“At every point the driver of the second vehicle (Powell) was the aggressor and was intent on escalating the situation,” said Eaton.

Prosecutor Eaton claims one independent witness said, “If I was put in that predicament, if I was the guy in the Volkswagen, I would have been scared for my life.”

“Objective observers, without any connection to either party, said it was their opinion the driver of the Volkswagen would have been in fear for his life from the manner he was approached,” said Eaton.

Because Powell allegedly threatened bodily harm to the driver, and the driver reportedly never approached Powell and only stood his ground at his own vehicle, the Hancock County Prosecutor’s Office determined the shooting to fall under Indiana’s self-defense law.

“The evidence in this case establishes that the Dodge driver followed the Volkswagen at an extraordinarily close distance; exited his vehicle and initiated the confrontation; aggressively approached the occupied Volkswagen; threatened bodily harm; challenged the Volkswagen driver to retrieve a firearm and exit the vehicle; briefly turned toward his own vehicle; and then renewed his approach despite repeated verbal warnings to stop and return to his vehicle,” the prosecutor’s office said.

In reviewing this evidence and consulting with Indiana’s Code on self-defense, Eaton said his office would not be filing criminal charges against the Volkswagen driver.

Before the deadly encounter, the shooter and Powell were total strangers.

“You know it’s tragic, because it’s avoidable. The driver of the second vehicle, there was no reason for him to get out of his car,” said Eaton. “The law in Indiana is clear. If you are in fear for your life, you do not have a duty to retreat and you are able to use deadly force and that’s what happened here.”