kenny
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http://www2.timesdispatch.com/rtd/news/local/article/ROSS24GAT_20091124-200201/307675/
A Richmond man pleaded no contest today to a misdemeanor charge for shooting an intruder in his backyard in North Richmond.
James Chadwick Ross, 38, had been charged with unlawful wounding, a felony, but he entered a plea to the lesser charge of reckless handling of a firearm under an agreement between his attorney and prosecutors.
Circuit Judge Theodore J. Markow gave Ross a suspended, 12-month jail sentence and ordered him to pay $1,000 and complete a firearm-safety course.
Expressing conflicting views, Markow said that the prosecution had a good case in arguing that Ross used excessive force, but added, "If I saw this in my backyard, I don't know what I would do."
Prosecutor Michael E. Hollomon said Ross should have called 911 after he looked outside his home on Seminary Avenue about 3 a.m. on Aug. 5 and saw Emory Heiston near a detached garage.
Instead, Ross went upstairs, grabbed the shotgun, got his German shepherd and handed his wife a phone, telling her to be ready to call police because there was a man in the backyard, Hollomon said.
Ross told police he saw Heiston moving a security light so it would not shine on the garage, and holding a dark object that authorities later determined was a crowbar. He thought the man was going to break into his garage, Hollomon said.
Ross told police he walked onto a back deck, and that after Heiston turned toward him, Ross fired once, wounding Heiston multiple times in his back and on the back of his head with buckshot.
Defense attorney John Honey said Heiston was shot after he began moving in a direction that might have led him toward Ross. "He had a fear for his safety," Honey said.
Heiston, 23, fled toward a wooden fence, and as he was jumping over it, Ross fired, a second time, into the fence, Hollomon said. Ross later told police it as a warning shot.
Heiston fled through an alley, leaving a trail of blood to his apartment less than two blocks away, Hollomon said. He was later treated at VCU Medical Center.
Virginia law does not allow someone to use deadly force to defend property in such a situation, Hollomon said. "Under the law, his actions were unreasonable," he said.
But Hollomon noted that juries are unpredictable and said he knew Honey would argue self-defense if the case went to trial. He added that Heiston has been untruthful with police. "We didn't have a very sympathetic victim," he said.
Heiston faces charges of attempted burglary and possession of burglary tools. He has a jury trial on those charges set for March 11.
http://www2.timesdispatch.com/rtd/news/local/article/ROSS24GAT_20091124-200201/307675/
A Richmond man pleaded no contest today to a misdemeanor charge for shooting an intruder in his backyard in North Richmond.
James Chadwick Ross, 38, had been charged with unlawful wounding, a felony, but he entered a plea to the lesser charge of reckless handling of a firearm under an agreement between his attorney and prosecutors.
Circuit Judge Theodore J. Markow gave Ross a suspended, 12-month jail sentence and ordered him to pay $1,000 and complete a firearm-safety course.
Expressing conflicting views, Markow said that the prosecution had a good case in arguing that Ross used excessive force, but added, "If I saw this in my backyard, I don't know what I would do."
Prosecutor Michael E. Hollomon said Ross should have called 911 after he looked outside his home on Seminary Avenue about 3 a.m. on Aug. 5 and saw Emory Heiston near a detached garage.
Instead, Ross went upstairs, grabbed the shotgun, got his German shepherd and handed his wife a phone, telling her to be ready to call police because there was a man in the backyard, Hollomon said.
Ross told police he saw Heiston moving a security light so it would not shine on the garage, and holding a dark object that authorities later determined was a crowbar. He thought the man was going to break into his garage, Hollomon said.
Ross told police he walked onto a back deck, and that after Heiston turned toward him, Ross fired once, wounding Heiston multiple times in his back and on the back of his head with buckshot.
Defense attorney John Honey said Heiston was shot after he began moving in a direction that might have led him toward Ross. "He had a fear for his safety," Honey said.
Heiston, 23, fled toward a wooden fence, and as he was jumping over it, Ross fired, a second time, into the fence, Hollomon said. Ross later told police it as a warning shot.
Heiston fled through an alley, leaving a trail of blood to his apartment less than two blocks away, Hollomon said. He was later treated at VCU Medical Center.
Virginia law does not allow someone to use deadly force to defend property in such a situation, Hollomon said. "Under the law, his actions were unreasonable," he said.
But Hollomon noted that juries are unpredictable and said he knew Honey would argue self-defense if the case went to trial. He added that Heiston has been untruthful with police. "We didn't have a very sympathetic victim," he said.
Heiston faces charges of attempted burglary and possession of burglary tools. He has a jury trial on those charges set for March 11.
