Flagstaff Az. Home invasion

Flagstaff Az. Home invasion

This is a discussion on Flagstaff Az. Home invasion within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; GG 1 BG 0 , but well ventilated Man shoots, kills home invader By LARRY HENDRICKS Assistant City Editor Wednesday, October 24, 2007 A Flagstaff ...

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  1. #1
    Senior Member Array flagflyfish's Avatar
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    Flagstaff Az. Home invasion

    GG 1
    BG 0 , but well ventilated

    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 lhendricks@azdailysun.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!!
    "These are the times that try men's souls. The summer soldier
    and the sunshine patriot will, in this crisis, shrink from the
    service of his country; but he that stands it now, deserves the
    love and thanks of man and woman."

    -- Thomas Paine (The American Crisis, No. 1, 19 December 1776)


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    VIP Member Array havegunjoe's Avatar
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    Seems to be one less thug on the streets for us to worry about. I don't have a problem with that and I am glad to see AZ has corrected their law to our side.
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    First question: What was this thug doing out of prison. Seems like he would have been a candidate for the 3 Strikes Law if he were in CA.

    Second Question: Does the homeowner win an award for correcting the mistake of the officials who let this guy out.

    Third Question: When is the parade for the homeowner??
    ep1953 likes this.
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    I have always enjoyed stories with 'happy' endings...
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    Silent Press in Arizona

    To my knowledge, this story has been ignored by the press here in Arizona. I'll watch for accusations that the homeowner used "deadly force" unnecessarily or if he is pilloried by some of the yellow journalists.
    Never Again!
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    Quote Originally Posted by flagflyfish View Post
    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...

    ...Following his November 2006 release from prison, Duran finished his supervised probation in January 2007, according to the Arizona Department of Corrections Web site.
    Maybe my math is a bit rusty, but aren't there a few months missing?

    Good work for the homeowner. Hopefully he will recover from the ordeal and be able to move on.

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    Senior Member Array flagflyfish's Avatar
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    Quote Originally Posted by Knight View Post
    Maybe my math is a bit rusty, but aren't there a few months missing?

    Good work for the homeowner. Hopefully he will recover from the ordeal and be able to move on.
    Probably got let out early for "good behavior"
    He was completely rehabilitated by a .45 Arizona justice.
    Last edited by flagflyfish; October 25th, 2007 at 10:54 PM. Reason: lapse of memory
    gasmitty and JoJoGunn like this.
    "These are the times that try men's souls. The summer soldier
    and the sunshine patriot will, in this crisis, shrink from the
    service of his country; but he that stands it now, deserves the
    love and thanks of man and woman."

    -- Thomas Paine (The American Crisis, No. 1, 19 December 1776)

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    Senior Member Array sui-juris's Avatar
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    Thats an outrage to have such a light sentence for sexual abuse. the dude hardly did any time! Here's the sentencing info from AZ DOC
    Another occupational hazard victim of crime!
    http://test.azcorrections.gov/isearc...rchType=Search

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    Wonder what gave the rocket scientist the clue"that there was evidence that he was inside the home",would laying dead on the floor have anything to do with it?
    JoJoGunn, Sig 210 and ep1953 like this.

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    It is refreshing to read a story with a positive slant toward the person who defended himself.

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    ree
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    Quote Originally Posted by flagflyfish View Post
    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).
    He "might use" a new state law? Aren't you supposed to apply any and all state laws to establish an individual's innocence?

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    Quote Originally Posted by ree View Post
    He "might use" a new state law? Aren't you supposed to apply any and all state laws to establish an individual's innocence?
    Thank you everyone for your support. I know it's taken me years to at this but you all made this a lot easier to deal with. Yes I'm the home owner.

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    Welcome to the site from Maryland............We are glad you are ok
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    Welcome from Nevada from an NAU Alumni.

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    Quote Originally Posted by Emerick View Post
    Thank you everyone for your support. I know it's taken me years to at this but you all made this a lot easier to deal with. Yes I'm the home owner.
    Welcome. Glad you are safe. Sorry that you had to go through that and what ever else it leads to. Well done.

    Read and learn. But please, for your sake, resist discussing what happened during the OP event on this forum till it's all sorted out, or you get an official 'no bill', or what ever it's called in AZ. Anything you post here can be used against you by the authorities.

    Again, Well Done.

    Fitch
    JoJoGunn likes this.
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