Flagstaff Az. Home invasion
BG 0 , but well ventilated:hand10:
Man shoots, kills home invader
By LARRY HENDRICKS
Assistant City Editor
Wednesday, October 24, 2007
A Flagstaff resident shot and killed a man he knew who broke into his home Monday morning.
Flagstaff police received a 911 call at about 10:36 a.m. Monday to respond to a home on North Center Street in Sunnyside, said Sgt. Tom Boughner of the police department.
Once officers arrived, the resident told police that he had shot an intruder, who was a man he knew, Boughner said. How the resident knew the man who was shot is still under investigation.
"He said he heard a crash in one of the back rooms," Boughner said, adding that the resident stated he saw the intruder and knew him.
"He reported he felt threatened by the intruder," Boughner said. "He then shot at the intruder six times with a .45-caliber pistol."
The intruder, who was shot three times, has been identified as Edward Matthew Duran, 22, a Flagstaff resident, Boughner said.
Duran is a convicted felon who was released from prison in November 2006 after being convicted in Coconino County Superior Court of three separate violent felonies, according to court records.
Boughner said the shooting does not appear to be drug- or gang-related, and that the resident has been cooperative with police.
The resident has not been arrested or charged with a crime. (EDITOR'S NOTE: As a crime victim, the resident will not be named by the Daily Sun.)
Duran's body was found inside the home.
"There's evidence to support he was inside the house when the shooting occurred," Boughner said, adding that detectives are continuing to conduct interviews in the case.
Because the shooting appears to have happened in the resident's home, it is possible he might use a new state law that allows people to shoot home intruders without having to retreat (see related story).
The man who was killed, Duran, was sentenced to 1 1/2 years in prison in April 2006 after pleading guilty to a sexual abuse charge connected with an October 2004 incident that happened on the Northern Arizona University campus. He also received yearlong sentences for two aggravated assault convictions -- one of which happened in 2003, and another in 2005 -- to be served concurrently with the sexual abuse conviction.
Following his November 2006 release from prison, Duran finished his supervised probation in January 2007, according to the Arizona Department of Corrections Web site.
An autopsy was scheduled for Tuesday afternoon, Boughner said.
Larry Hendricks can be reached at 556-2262 or email@example.com.
New self-defense law in effect
In April 2006, Gov. Janet Napolitano signed into law the new self-defense bill, which shifts the burden of proof to the prosecution to prove a person did not act in self-defense.
Prior to the bill becoming law, state statute required that residents claiming self defense had to prove they had justification.
According to the new law, " ... a person is justified in threatening to use or using physical force or deadly physical force against another person if the person reasonably believes himself or another person to be in imminent peril of death or serious physical injury and the person against whom the physical force or deadly physical force is threatened or used was in the process of unlawfully or forcefully entering, or had unlawfully or forcefully entered a residential structure or occupied vehicle, or had removed or was attempting to remove another person against the other person's will from the residential structure or occupied vehicle."
The law goes on to state that a person is not required to retreat before using deadly force.
David Rozema, chief deputy Coconino County Attorney, said he was on the scene of the shooting with Flagstaff police Monday. Once the investigation is complete, the County Attorney's Office will review the case to determine if criminal charges will be filed.
The preliminary report indicates that the new self-defense law may come up in the case, Rozema said.
"The new statute essentially allows a person to use deadly force if a person is in their home unlawfully with intent to commit a felony," Rozema said.
-- Larry Hendricks, Assistant City Editor
I love seeing a rap sheet like that, Why would you let someone out like that???!! The gene pool is a little cleaner now!!:congrats: