Posted on 07/29/2005 6:44:16 AM PDT by WestTexasWend
A retired police lieutenant shot and killed one man and wounded another Thursday after the pair broke into his home, Lubbock police officials said.
When James Kimber, the 65-year-old former officer, arrived home about 12:10 p.m., he found his garage door ajar and his back door forced open.
Police said he then retrieved a gun from his laundry room.
As he moved through his ransacked living room and reached the north bedroom, police said, he realized someone was still inside.
"He heard the distinct sound of a firearm being cocked," police spokesman Lt. Roy Bassett said.
As Kimber entered the room, he was rushed by two men - one armed with a handgun, police said.
Kimber then fired an "unknown number" of shots at the men, Bassett said.
The first man, 19-year-old Fermin Martinez Jr. of Idalou, suffered a gunshot wound to the chest.
He dropped the gun, continued past Kimber and ran into the alley. Martinez then collapsed behind the house, police said.
An ambulance took Martinez to University Medical Center, where he later died.
The second man, Richard Steven Lovato, 19, suffered at least one gunshot wound to the leg, police said.
Kimber held the man at gunpoint until officers reached the house.
Lovato was also taken to UMC. He was treated at the hospital then released to the police, a hospital spokeswoman said.
In a statement released Thursday, the police said Lovato would be charged with burglary of a habitation.
Officers strung yellow police tape around the scene of the shooting, an otherwise nondescript home at the corner of 45th Street and Wayne Avenue.
Jim Scott, 56, lives nearby.
"I came home when it all happened," he said, gesturing to a shopping bag he still held in his hand. "It's been a pretty quiet neighborhood. There are some college students that party. But that only leaves empty beer cans in the street."
When Scott learned of what occurred inside the house, he continued.
"We do have some retired people around here who want to protect their personal property," he said. "Prayers up for (Kimber) and the perpetrator."
Police said the shooting appeared to be self-defense.
Investigators, nonetheless, shuffled in and out of the home for several hours after the shooting, collecting evidence and photographing the home.
Officers also detained Kimber for questioning.
"Everyone - certainly here in Texas - knows that you have a right to protect yourself and your family," Bassett said.
He added that Kimber found himself in a situation that lacks proper protocol.
"If you find someone in your home," he said, "you don't have to wait to find out their intentions."
First Assistant Criminal District Attorney Matt Powell, who arrived at the scene shortly after the shooting, said the case will most likely go before a grand jury to determine if Kimber will face any criminal charges.
Although he said that decision will ultimately be left up to the grand jury, Powell also told reporters: "From everything I've seen so far, this man was certainly acting in self-defense."
Kimber, who was reached at his home Thursday night, declined to comment.
Can you feature a cop in some other states saying this?Allow me...Don't Mess with Texas.
Its nice to start my friday on a high note Thanks
The sign on the door reads....
** THIS HOUSE INSURED BY SMITH AND WESSON **
As it should be.
Let see....
Lubock, TX
Cops house
Named Kimber
I'd say these perps didn't conduct the proper "market analysis".
"If you find someone in your home," he said, "you don't have to wait to find out their intentions."
If two strange armed men are in my home and they charge me, I think their intentions are pretty clear.
"Retrieve your weapon and shoot the bad guys as necessary" sounds like protocol enough to me.
>Applause<
The only thing that would have made this feel good story perfect this morning would be if the other perp had also gone to his reward.
Dude keeps a blaster in the laundry room - that's thinking ahead!
Well back to those famous words of now deceased former bleeding heart liberal New York defense lawyer William Kuntlser when Bernard Geotz pumped some lead into 4 thugs who demanded money from Geotz on a New York subway car.
Kuntsler said that Geotz did not have to shot - he had other options - he could have
(1) waved his arms
(2) Screamed
(3) Ran Away
I woulda never thought to keep a blaster in the laundry room!
HOORAY!
Where else do you go when you want to get rid of dirt and scum
I would liked to have seen the look on those two yahoo's face's when home owner started blasting away!
Nope, they usually say "Shoulda called 911." Then when you ask them if they would call 911 they say "HELL NO!".
'Nuff said.
I'm confused about one thing. The thug who took a round in the leg, but lived has been charged with burglary of a habitation.
Does Texas not have a felony murder rule? If it does, why wouldn't the thug be charged with that as well? Or is that the province of the local DA and / or grand jury?
They say that in WV all the time. A few weeks ago, an 18 year old was shot dead trying to rob a bar. Police have gone so far as to tell a friend of ours, whose neighbor was robbed, that robbers usually have a short life span in WV. The neighbor was a tester for Ruger, of all things, and luckily for the robber, not home.
http://www.wboy.com/story.cfm?func=viewstory&storyid=3852
What caught my eye is the statement that "he retrieved a gun from the laundry room."
Did he have a firearm in the laundry room because of it's location? Maybe it's the first room in the house that he would enter, and if he ever came house and noticed that his house was robbed he would have quick access to a gun.
Or, or, does he have a cool way of removing tough grass stains.
Poor Vermin.
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