Texas: Sheriff: Immigrant shot burglar teen

Mercedes, Texas

From The Monitor of July 21, 2008

Sheriff: Immigrant shot burglar teen

An illegal immigrant tasked with guarding a convenience store shot and killed a teenager who attempted to burglarize it, Hidalgo County Sheriff Lupe Treviño said Monday.

Silvestre Delgadillo, 28, remained on the run and authorities had "no idea" whether he fled to Mexico, Treviño said.

Delgadillo, who was convicted in 2005 on a felony drug charge, has been charged with unlawful possession of a firearm by a felon, a third-degree felony.

But the actual homicide is complicated by Texas' castle law, which allows people to use lethal force to defend themselves and their property.

Delgadillo is accused of shooting Roberto Garcia, 17, late Friday night.

"He is there to protect his residence - protect the business - under the direction of the owner," Treviño said.

He said he will submit the case to the District Attorney's office, which will then present it to a grand jury. The grand jury will determine whether to charge Delgadillo in connection with the homicide.

Delgadillo, who was deported after being released from prison earlier this year, could also be charged with a felony for illegally re-entering the country.

The shooting occurred late Friday or early Saturday, Treviño said, when Garcia and Ramiro Garza and Eloy Santana, both 17, tried to burglarize Valeria's Drive Thru convenience store by breaking through its roof.

Delgadillo was living inside the business, though, and had been told by store owner Olivia Lopez, 34, to guard it with a gun she provided, Treviño said. Delgadillo shot Garcia during the burglary, hitting him in the lung and artery, Treviño said. The wound killed Garcia within minutes.

Lopez, the storeowner, will be charged with failure to report a felony because she was not candid with police about the shooting, Treviño said. A grand jury would also have to decide whether she could face any sort of homicide charges.

"Ms. Lopez gave a convicted felon a firearm," Treviño said. "That's against the law. She lied to us from the onset of the investigation. That's against the law."

Garcia's accomplices will also be charged with burglary, Treviño said.

**Note**
While there were illegal actions that led up to this defensive gun use, the defense itself was by all appearances justified, hence our use of it here on the blog.

Arizona: Store Owner Shoots Robber With Robber's Gun

Phoenix, Arizona

From KPHO of May 13, 2008

Store Owner Shoots Robber With Robber's Gun

A store owner wrestled a gun away from an armed robber and shot the man three times Monday, Phoenix police said.

The would-be robber entered Soccer City shortly before 6 p.m., pointed a gun at owner Lionel Sanchez and demanded money, according to police.

Sanchez told police the robber was talking to someone on the phone and indicated he planned to shoot.

When the robber momentarily let his guard down, police said, Sanchez lunged for the gun and wrestled it away, then shot the intruder.

The robber was taken to a hospital in stable condition. Police did not release his identity, but said he would be jailed upon his release from the hospital.

Sanchez will not face charges.

"Right now, initially, it looks like it's a case of self-defense," said Sgt. Phil Roberts.

When asked why he was bold enough to go after the gun, Sanchez revealed he has studied karate for the past five years.

California: Man Shoots Another in Self Defense

Fresno, California

From KFSN of December 26, 2007

Man Shoots Another in Self Defense

No charges will be filed against a man who shot and killed another man in southeast Fresno on Christmas.

Police say it was self defense.

Investigators say a 26-year old man showed up at his ex-girlfriend's home on east Belgravia, around 4 a.m. to demand to see their baby.

Police say he hit the woman, pulled out a gun and threatened to shoot her.

The woman's cousin was in the home and shot the ex-boyfriend.

Police say he saved both mother and baby.

Police say the suspect had just been released from prison was deported to Mexico, but returned to the U.S.

Further links:
Man Kills In Self-Defense

Phoenix, Arizona

From The Arizona Republic of April 21, 2005

Reservist who held migrants at gunpoint won't be prosecuted

No criminal charges will be filed against an Army reservist who held seven undocumented immigrants at gunpoint this month at an Arizona rest stop.

Maricopa County Attorney Andrew Thomas said Thursday that Sgt. Patrick Haab had the legal right to make a citizen's arrest because the man smuggling the immigrants into the country was committing a felony and the immigrants themselves were conspiring with the coyote to commit a felony.

Arizona law allows a private citizen to make a legal arrest if a felony has been committed and the citizen believes that the person he is arresting committed the felony.

"I do not want the message to go out that people can start rounding up illegal immigrants whether or not they think they're here legally, whether or not they know all the facts," Thomas said. "This is a very unusual case with a narrow set of facts and very unusual circumstances that allow Mr. Haab to avoid prosecution."

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