Homeowner charged after shooting intruder

WorldNetDaily ^ | January 10, 2004 | WorldNetDaily

[joesnuffy]

WEAPONS OF CHOICE Homeowner charged after shooting intruder Family protected but suburban town prohibits possession of handguns

Posted: January 10, 2004 1:00 a.m. Eastern

© 2004 WorldNetDaily.com

A Chicago-area homeowner protected his family by shooting an intruder but was charged with violating a local ordinance banning possession of handguns.

Wilmette, Ill., Police Chief George Carpenter believes charges against Hale DeMar, 54, underscore the suburban village's serious concerns about the shooting, the Chicago Tribune reported.

"The outcome of the matter in this case was very fortunate for the homeowner," he said. "We much prefer, for the safety of the home, that a resident who finds himself in this situation immediately lock the door of the room he's in and dial 911."

DeMar also is charged with violating state law by failing to renew his Illinois Firearm Owner's Identification Card after it expired in 1988, the Tribune said.

Morio Billings, 31, is accused of entering the DeMar home twice within 24 hours. He allegedly crawled through a dog door in the garage then returned with a stolen house key.

Prosecutors say Billings crashed through the home's front window after he was shot then drove himself to the hospital in the family's SUV, which he had stolen the night before.

Billings, convicted last year of a similar home burglary in an affluent Minneapolis suburb, is now in the Cook County Jail with bail set at $3 million.

Police said DeMar shot Billings in the shoulder and calf at about 10:30 p.m. Dec. 29 in the kitchen of his home.

DeMar, a restaurant owner, faces up to a year in jail, a $2,500 fine or court supervision or probation if convicted on the charge of owning a handgun without a valid firearms card. The village's handgun ordinance carries a separate fine of up to $750.

He is scheduled to appear in court Feb. 6 to face both charges.

The Tribune said the case has prompted dozens of people from out-of-state to contact village officials with complaints about DeMar's treatment.

Chief Carpenter insists local residents have responded favorably, however.

"Wilmette residents are much safer without a handgun in their homes," he told the Tribune. "We see handguns stolen, used in domestic arguments or suicides. Those are far more likely outcomes than when you would actually need a handgun to defend yourself."

Carpenter said he regrets "the intrusion on this family's privacy."

"He strikes us as being a good man with a good heart who did something that apparently came naturally to him," he said of DeMar. 'That's why it's important the Wilmette police speak out now."

The Tribune noted the city of Chicago and a number of other municipalities in the area also ban possession of handguns.

Richard Pearson, executive director of the Illinois State Rifle Association, told the Tribune he believes handgun bans are outrageous.

"The right to self-defense is the right that all creatures on this Earth have, including Wilmette," he said. "What they do is they make the citizens in these villages and towns fair game."

[07055]

Chief Carpenter insists local residents have responded favorably, however. "Wilmette residents are much safer without a handgun in their homes," he told the Tribune.

I'm sure the good Chief never brings his handgun home at the end of the day. I wonder if he puts a sign on his front door, "Homeowner is unarmed---this is a weapon free zone."

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[Old Grumpy]

As I've said for YEARS: the victims have no rights but the criminals have them all.

[the gillman@blacklagoon.com]

..."Wilmette residents are much safer without a handgun in their homes," ...

A Felon must be protected as he rapes, pillages and murders his way through life. Armed home owners are so last century.

[goldstategop]

I'd take my chances with a jury. The government can't take away my right of self defense - and all attempts to do so under color of official authority are both unconstitutional and immoral. If they want to prosecute the homeowner, I'd say let them - its the D.A that will end up looking silly.

[cynicom]

"We much prefer, for the safety of the home, that a resident who finds himself in this situation immediately lock the door of the room he's in and dial 911."

I would bet my last dollar that if anyone broke into the chiefs house he would use a firearm to protect himself. What an idiot and a hypocrit to boot.

[Pearls Before Swine]

"Wilmette residents are much safer without a handgun in their homes,"

Was Mr. DeMar?

[Arkie2]

"Wilmette residents are much safer without a handgun in their homes," he told the Tribune"


He should have told the intruder, politely, please leave and don't come back. Alternately, he could have plugged the SOB with a 12 gauge. I like the second option better.

[PistolPaknMama]

"We much prefer, for the safety of the home, that a resident who finds himself in this situation immediately lock the door of the room he's in and dial 911."

Excellent idea! And in the 20 minutes it takes for the cops to arrive, the intruder can just go down the hall and rape your daughter and bash your son's head in while you are locked safely in your room.

[07055]

We much prefer, for the safety of the home, that a resident who finds himself in this situation immediately lock the door of the room he's in and dial 911."

So, Chief, if I do that, and my family is killed or maimed, can I hold you personally responsible for the damage if your officers don't get there in time?

[Diva Betsy Ross]

This is what totalitarianism looks like as it starts out.

Someone should charge the city and state with violation of Demar's human rights. Or maybe we actually need an amendment to the Consitution stating what was obvious to the founders - that we are all born with the unalienable right to defend ourselves as well.

From the looks of this I'm not sure who we face greater danger from - the criminals or the enabling totalitarians. I think we can handle the criminals without the Totalitarians - but I'm not sure the converse is true.

What a fun jury to be on.

[Ladysmith]

"Wilmette residents are much safer without a handgun in their homes," he told the Tribune.

And all guns in a household should have trigger locks and stashed in a gun safe... /sarcasm

What a bunch of crap. Not the America the Founding Fathers intended.

[HighWheeler]

"Wilmette, Ill., Police Chief George Carpenter: "We much prefer, for the safety of the home, that a resident who finds himself in this situation immediately lock the door of the room he's in and dial 911."

Well Chief, I'm betting you would lock you door and call 911 in that same situation, you know, to set the example for the rest of us, right Chief?

[tpaine]

Police said DeMar shot Billings in the shoulder and calf at about 10:30 p.m. Dec. 29 in the kitchen of his home.

DeMar, a restaurant owner, faces up to a year in jail, a $2,500 fine or court supervision or probation if convicted on the charge of owning a handgun without a valid firearms card. The village's handgun ordinance carries a separate fine of up to $750.

---

How stupid of the homeowner to use an 'illegal' handgun..
-- A load of 12ga buckshot to both sholder & calf would have been the perfect final solution to societies Billings problem..
He would have bled out on the kitchen floor.

[tpaine]

No More Gore Anymore wrote:
"What a fun jury to be on."

---

The jury will be instructed to convict on the basis that "the law is the law", -- jury nullification is not to be permitted..

-- Or at least many 'freepers' have been telling me this is so, here:

Simkanin guilty of 29 counts of tax violations
Address:http://www.freerepublic.com/focus/f-news/1053839/posts

[Manic_Episode]

You all need to do what I do and keep a rolled up copy of the Brady Bill on the nightstand and when a bad guy shows up I hit him with it on the nose 3 or 4 times Isn't that nice?

Sincerely

ROSIE O'DONNELL

[cartoonistx]

I don't find this to be as much a 2nd amendment issue (unless ALL firearms are also banned) as I do a real good reason to move away from that village! Many communities in the Old West required the surrender of "sidearms" in town. The same reasoning existed then as now; public safety, domestic violence, etc. Heck, if a city wants to ban all guns or provide guns to their citizens for free they should be so allowed. As long as the vote is fair and no one is kept from leaving...

[Ghengis]

"The outcome of the matter in this case was very fortunate for the homeowner," he said. "We much prefer, for the safety of the home, that a resident who finds himself in this situation immediately lock the door of the room he's in and dial 911."

I propose that each police officer do the same. When confronted with a situation that endangers their life, the police officer locks his/herself in their cruiser and call for their sergeant to come defend them.

The same can be done with elected officials. No bodyguard detail. Lock yourself in somewhere safe and call the police.

Imagine the tax dollars we'll save!

"He strikes us as being a good man with a good heart who did something that apparently came naturally to him," he said of DeMar. 'That's why it's important the Wilmette police speak out now."

Yes. Defense of yours and your loved ones' lives is natural Chief Doofus!

"The right to self-defense is the right that all creatures on this Earth have, including Wilmette," he said. "What they do is they make the citizens in these villages and towns fair game."

Some people still get it.

[PLK]

We see handguns stolen, used in domestic arguments or suicides. Those are far more likely outcomes than when you would actually need a handgun to defend yourself."

These are supposed to be VALID reasons for banning handguns in homes?? What kind of twisted logic is this? Quite frankly, I don't care if others use guns in domestic arguments or suicides, not my problem. Give them the Darwin Award. Just don't force me and my family into situations of helplessness because dysfunctional people might do stupid things. Sheesh. Such typical liberal thought, it makes me sick.

[OXENinFLA]

"Wilmette residents are much safer without a handgun in their homes," he told the Tribune. "We see handguns stolen, used in domestic arguments or suicides. Those are far more likely outcomes than when you would actually need a handgun to defend yourself."

I heard him say this on WLS, my jaw dropped, people in that town better get him out of his position as Chief. That Chief just gave an open invite to crime.

[R. Scott]

"We much prefer, for the safety of the home, that a resident who finds himself in this situation immediately lock the door of the room he's in and dial 911.

Fastest police response at my apartment complex after shots fired: 15 minuets.
Time needed to break down door: 1 minuet.

[ccmay]

jury nullification is not to be permitted..

The judge can instruct all he wants. Whether we listen is another matter. As a practical fact, jury nullification can never be eliminated.

-ccm

[SLB]

Illinois is much worse than California, New Jersey, New York or any of the New England states. I drive through it out of necessity when going to Wyoming. I do not stop, or speed or give the police departments any reason to stop me!

[Shooter 2.5]

"As long as the vote is fair

Monday morning, the city council is going to vote in favor of banning something you own and cherish by a vote of five to four. Tuesday, put your house up for sale and start packing.

I used to live in Oak Park Illinois. What I wrote is exactly what happened to me. Unfortunately, my Brother-In-Law didn't heed my advice and he went to jail for a handgun that was in his house, stored in his sockdrawer.

[tpaine]

cartoonistx wrote:

Heck, if a city wants to ban all guns or provide guns to their citizens for free they should be so allowed. As long as the vote is fair and no one is kept from leaving.

---

Ever occur to you that our RKBA's is the "supreme law of the land", and is not to be infringed by ANY level of government? Read Art VI, & the 2nd/14th amendments.

[WorkingClassFilth]

BUMP!

[tpaine]

ccmay wrote:
The judge can instruct all he wants. Whether we listen is another matter. As a practical fact, jury nullification can never be eliminated.

---

As a practical matter, some courts are mandating retrials if any hint of nullification occurs.

[Conservative til I die]

Whenever this happens in NYC, the public always comes to the gun owner's defense, and the DA usually knocks the charges down to something lame like disturbing the peace or some misdemeanor.

[sweetliberty]

It seems that the ones responsible for enforcing the laws have become the lawbreaders. Apparently they don't understand that Constitutional thing about "shall not be infringed." Of course, I think tne evidence is overwhelming in this country that the Constitution is ignored anyway, or when it is used is twisted to suit the purposes of activist judges.

[sweetliberty]

It really is amazing that any of us are here considering how irresponsible our ancestors were firearms. < /sarcasm >

[sweetliberty]

lawbreaders = lawbreakers I'm half blind before my second cup of coffee

[Gritty]

DeMar, a restaurant owner, faces up to a year in jail, a $2,500 fine or court supervision or probation if convicted on the charge of owning a handgun without a valid firearms card. The village's handgun ordinance carries a separate fine of up to $750.

The old saying, "when guns are outlawed, only outlaws will have guns" is so true, especially in Mr. DeMar's case.

He is now considered a criminal instead of a solid citizen.

[Mulder]

Heck, if a city wants to ban all guns or provide guns to their citizens for free they should be so allowed. As long as the vote is fair and no one is kept from leaving...

How about if a city wants to ban blacks or round up all Catholics for death camps?

Is that "okay" also?

Many people have died protecting the Bill of Rights, which applies to ALL Americans, not simply those fortunate enough to live under local politicians that recognize these Rights.

Those state and local governments who infringe upon these Rights, are guilty of federal felonies (conspiracy to deprive Rights), and should go to jail for it.

Also, those citizens living under such tyrannical regimes, have many legitimate ways of "dealing with them" according to Jefferson.

[Mulder]

As a practical matter, some courts are mandating retrials if any hint of nullification occurs.

Or they are simply denying the Right to a jury trial if the maximum penalty is "only" 6 months in jail.

[Mulder]

Illinois is much worse than California, New Jersey, New York or any of the New England states. I drive through it out of necessity when going to Wyoming. I do not stop, or speed or give the police departments any reason to stop me!

I recently took a trip out West, and did the same thing while driving through a few "unfriendly" areas.

Obeying the traffic laws didn't stop me from getting pulled over anyway, but I didn't get searched so everything turned out okay.

It sucks having to feel like an outlaw for simply following the Bill of Rights and minding your own business. And it sucks almost as bad having to listen to these tyrannical politicians telling us how "free" we are.

[Mulder]

He is now considered a criminal instead of a solid citizen.

I'm of the belief that if the state is going to illegally declare you a criminal, you may as well go all out with it.

[SLB]

If you are fairly clean cut, have mom and the kids with you and obey the traffic laws/rules/regulations the chances of being stopped are slim. If you do get stopped and are polite the chances of being searched are about nil to none. My concern is being involved in an accident and then having a firearm "discovered" by the police while investigating the accident.

[international american]

"That Chief just gave an open invite to crime."

Exactly!!

[tpaine]

Mulder wrote:
-- they are simply denying the Right to a jury trial if the maximum penalty is "only" 6 months in jail.

---

Really? -- What court systems are allowing that infringment to the BOR's?

[Jeff Head]

I know exactly how you fell.

In fact, I have taken to avoiding Illionois altogether. it's not worth the risk...and I will not travel interstate unarmed.

With their FOIDs they have registered all people owning any firearm and with the draconian laws which are nothing short of the most abjest violations of the 2nd amendment in the land IMHO, they (the Illinois state government) have shown themselves for the abject totalitarians they are.

And it extends well down into their local government as well. The quotes of this police chief are amongst the most abjestly stupid, anti-american quotes I have ever read.

Yea...lock yourself in the room and dial 911 and wait while the intruder breaks down the door...what an idiot! By the time the police show up, all they'll be doing is tagging and bagging.

[Jeff Head]

Pardon the typos and mispellings above...I was pretty hyped after reading this.

[Vinnie]

It really is amazing that any of us are here considering how irresponsible our ancestors were firearms. < /sarcasm >

Isn't that the truth.
What with lead paint, mercury, insecticides, second hand smoke, smoking and drinking while pregnant. aspirin, etc. , it's a wonder we are alive and kicking.

[Mulder]

If you are fairly clean cut, have mom and the kids with you and obey the traffic laws/rules/regulations the chances of being stopped are slim.

I was stopped because another motorist called in a report about someone with tags from my state driving like they were drunk.

I pulled over, let down the windows, turned on interior lights, and put my hands on the wheel. I also had my "papers" ready when he approached, and handed them over.

The officer said everything appeared to be fine, and left after about 10 seconds.

My concern was having him ask me to exit my vehicle for a DUI test and then get Terry-searched. I hadn't been drinking (which was obvious to him), but I was armed.

I'm pretty sure I was legal (so long as I remained in the vehicle), but didn't have a copy of the laws for that state.

Fortunately nothing happened.

[Lucky Lyn]

People should go to his restaurant and have
a meal to help him out with the lawyer expenses that soon will occur!!

[SLB]

Sounds like you fit into the clean cut mold. I was stopped for speeding once in L'ville, I had my CCW permit ready, but was just told to watch the speed limit and enjoy Christmas shopping.

[Mulder]

Really? -- What court systems are allowing that infringment to the BOR's?

http://www.freerepublic.com/focus/f-news/1051965/posts

If convicted, Bursey faces a six-month trip up the river and a $5,000 fine. Federal Magistrate Bristow Marchant denied Bursey's request for a jury trial because his violation is categorized as a petty offense.

Bursey was a Bush protestor who refused to go where the Secret Police told him to stand.

[sweetliberty]

And don't forget the lack of regulation of our playthings.

[sistergoldenhair]

He should have told the intruder, politely, please leave and don't come back

This was the second time this same intruder invaded DeMar's home.
Police, locking doors and alarms didn't help much.

[cubreporter]

You are right. Since when can't people defend their home and family? This is ludicrous. Lock yourself in a room and call 911? What if you don't have a lock on a door? Your house is your home. You pay the mortgage. You leave there every day to go to work and make money so you can provide your family with their needs. NO ONE...absolutely NO ONE has a right to break in and try to steal, rob, rape or murder anyone in your home. Bottom line!!! So, in my opinion the perp got what he deserved. What is a person supposed to do? Stand there and watch his family being slaughterd by some dirt ball who choses to make his living stealing from those who break their backs for a living and living by the laws only to have the law come back and put the blame on the victim? That's absolutely sinful!!! PUt the blame on the person whose fault it is...on the person who illegally BROKE into someone elses' home.