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Posted on 08/04/2011 1:19:51 PM PDT by LibWhacker
MARSHALLTOWN, Iowa -- A Marshalltown homeowner faces felony charges after shooting at a trespasser Sunday afternoon.
Officials said the trespasser has been charged with a misdemeanor.
Clayton Jensen told officials he had just come home from running an errand when he looked out his back window and saw a man in his backyard. Jensen said he was concerned for his family's safety.
"He was kind of heightened alert because one of his family members had seen someone outside the house at night and then they took off when they were confronted," said Brian Batterson, Marshalltown assistant police chief.
Several homeowners said they're concerned about what's happening in their neighborhood.
A neighbor told KCCI that someone had entered a house nearby recently while the resident was sleeping and stole some items.
But Marshalltown police said that doesn't justify Jensen's decision to fire a gun.
Police said 18-year-old Abelardo Gonzalez didn't deny looking under a tarp where Jensen was storing bikes and a lawn mower. He told officers he was on his way home and just cutting through Jensen's fenced-in backyard.
"Mr. Jensen was OK to follow this gentleman and confront this gentleman, but once he fired a weapon he crossed the line," said Batterson.
Jensen told police he followed Gonzalez and fired a warning shot at the ground near a tree when Gonzalez turned and made a gesture he took as a threat.
"He was armed. He knew Mr. Gonzalez was unarmed. He should have just left the scene if he felt he was threatened and waited for police to arrive," said Batterson.
Neighbors have mixed feelings about Jensen's actions and the fact he's now facing a felony charge, while Gonzalez is charged with a simple misdemeanor.
"When I came out I seen him pointing the gun at his head," said Ken Picard. "He should have called the cops and leave the officials to do the work."
"I think the emphasis should be on the individual who was on the private property, disturbing his property," said Fred Meyer.
Gonzalez was not injured in the incident. Jensen told police he never intended to harm or shoot Gonzalez.
Jensen recently moved his family to Marshalltown after retiring from the Army.
Of course if a cop had fired his weapon after seeing something shiny he’d be in the clear and justified. Defund the bastards.
” the property owner who defended his property, without using lethal force, is facing a felony?”
And the loss of his rights to own a gun.
The cops would have riddled the intruder with 50 shots, then claimed that they believed the cigarette in his hand was a gun.
He is one of those terrorist vets on big sis's list?
In my subdivision, firing a firearm is verbotten per the HOA covenants. Precisely, that is “outside”.....so I’ll just have to wait just a wee bit and shoot the bastard with alternating OO and some other special rounds from my 930SPX.
I understand what you're saying, and you're right, having the gun out and ready is a prudent option. However, what he did was draw and fire, and my point was if there was cause to discharge a firearm, then there should have been an actual threat and firing a round into the ground would do no good.
I don’t even disagree with the guy firing a warning shot tho a lot of gun instructors say to not do so.
This is exactly why they say not to do so. A person lawfully defending their property is now facing a felony charge, and possibly the loss of his right to carry firearms, vote, and hold many jobs, all because he chose to shoot the ground. If you face a threatening situation and choose to fire a gun, it should be at the threat.
Jensen told police...
There’s his big mistake. Don’t tell the police anything unless your lawyer says ok.
My lips are pre-programmed to say to the LEO: “I was in fear for my life, and I’m just too upset to talk about it right now.”
Same thing on our 25 acres.
But we’ve shot a few thousand rounds full auto (M16 and MP5) testing sighting devices. Funny how no cops came to look...
OK, the MP5 was suppressed, which probably explains their absence.
Neighbors came over to join the fun, though.
Used a Starter's Pistol?
That’s one of the biggest steaming piles I’ve seen all week. Those folks need to get that fascist assistant police chief voted out of their lives pronto.
A trespasser who is obviously casing the place and looking under tarps while lying about “just passing through” gets a misdemeanor, and the VICTIM landowner gets a felony for firing a gun on his own property in the United States of America? And he should have waited for the police to handle it?
Yeah, and when seconds count, the 911 responders are minutes away.
Steaming pile.
If you fire a warning shot, does the castle doctrine apply? Or do you need to shoot at them?
Of course, Aldebardo Gonzales was undoubtedly just in his back yard to...a...help clean up. Cut the grass. Trim the bushes. YEAH...that’s the ticket.
Another excellent lesson. This illegal will be back, in somebodies yard and steal, rape, rob or kill sooner or later. So you kill him and plant a knife on him. Or preferably a gas can and matches. Deadly force can be used if an intruder is “armed” to commit arson!
Bad part about this is once the thug gets his misdemeanor slap on the wrist, he and his thug friends are free to come back and wreck whatever havoc they choose on the now disarmed homeowner and his family!
8:}
Baaaaaaaaa
In this specific case, NO the property owner should not be charged with a felony and probably not for any crime at all and the prosecutors involved are going to anwer to God. However I can't completely agree with his actions either.
In Iowa law, you can not fire to defend property.
The Castle doctrine law is on the slate for next year, and this might just ruin it.
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