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Thread: OT: Onalaska homeowner to be charged in the 1st degree for murder?!!

  1. #1
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    OT: Onalaska homeowner to be charged in the 1st degree for murder?!!

    http://tdn.com/news/local/article_47...?mode=comments

    "An Onalaska man is now charged with first-degree murder rather than manslaughter after shooting to death a man who attempted to burglarize his home April 19.

    Prosecutors amended Ronald Allen Brady's manslaughter charge to first-degree murder on Friday.

    Brady, 60, is also charged with first-degree assault for shooting at the dead man's wife.

    Prosecutors say Brady's late-September manslaughter charge was actually "conservative," considering facts in the case.

    Deputy Prosecuting Attorney Brad Meagher said "we think evidence supports (first-degree murder)."

    Brady is scheduled to go to trial on his charges Jan. 10, 2011.

    Thomas McKenzie, 56, of Morton, died face-down on Brady's front lawn after being shot with a .22-caliber rifle. An autopsy showed he died of a gunshot wound to the chest.

    McKenzie's wife, Joanna McKenzie, 32, escaped Brady's hail of gunfire and fled on foot to state Route 508 where she flagged a motorist down for help and called 911 on a cell phone.

    A neighbor of Brady, relating a story to The Chronicle in October, said Brady told him he shot 11 times at the McKenzies.

    Brady, according to charging documents, also told police he shot at McKenzie while she ran.

    McKenzie was arrested for attempted burglary and entered an Alford plea on Oct. 20 in which she did not admit guilt but conceded she would likely be found guilty if the case came to trial.

    McKenzie will appear Wednesday in Lewis County Superior Court for arraignment on unrelated charges — possession of methamphetamine and drug paraphernalia — following an arrest Sunday night during a traffic stop on Harrison Avenue in Centralia.

    On Tuesday, Judge James Lawler set McKenzie's bail at $20,000. He justified the high amount by noting McKenzie's recent conviction.

    McKenzie was sentenced to electric home monitoring or 15 days in jail for attempted burglary.

    But McKenzie didn't enroll in electric home monitoring, according to Prosecutor Kjell Werner, who added she could be held in custody today to begin serving her 15-day sentence.

    On April 19, Brady fired upon the McKenzies at his home on the 2100 block of state Route 508 only hours after calling police about an apparent break-in.

    Brady told a responding officer earlier that evening it appeared as if his garage had been broken into. He said items inside were moved around, a rear window was broken, and the garage door was partially opened.

    The garage was adjacent to a home he owned and was renovating; Brady lived in a rental home nearby.

    Around 9 p.m. that night, while waiting in darkness inside the home he was renovating, Brady told police he noticed a car with its headlights on enter his driveway. That's when he grabbed his rifle and entered the garage.

    In the darkness, Brady said he tripped. The noise caused the McKenzies outside to bang on a garage wall and yell about calling the police.

    Brady opened his garage door, faced two flashlights beaming in his face, and opened fire.

    Joanna McKenzie told police her husband had been given permission to enter Brady's property and remove parts from a truck. Upon arrival and hearing noises from within the house, Thomas McKenzie banged on a wall to flush out who he thought was an intruder.

    Brady flung the garage door open and started shooting, Joanna McKenzie told police. She said she saw her husband try to run away but collapse while yelling repeatedly in pain.

    Inside Thomas McKenzie's vehicle, police found two pairs of bolt cutters, pry bars, a pipe wrench and a drill, among other various items.

    Joanna McKenzie told police she discarded gloves and a stocking cap while running from the scene.

    Brady's case has drawn many parallels to the 2002 case of Oliver Glenn Hooker, acquitted by a jury for the shooting death of an apparent burglar who was running back to his car on Little Hanaford Road east of Centralia.

    Hooker, 65 at the time, had been accused of manslaughter after killing David Michael Cline, of Longview, after shooting him from more than 90 feet away on his driveway in the night.

    Hooker, a home caretaker, said the property he was overseeing was being repeatedly robbed. So he camped out one night on a vacant house's porch with two guns, coffee, and a sleeping bag to ambush potential intruders.

    Prosecutor Meagher said he believes the prosecuting attorney's office has a stronger case against Brady than it did with Hooker several years ago.

    "I think the facts in that case are much different," Meagher said."

    So was the homeowner justified in this case?

  2. #2
    Regular Member amzbrady's Avatar
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    Mr Brady should recieve an award for taking out the trash. Meth, bolt cutters, previous convictions, another example of people in our society who are not going to play by the rules, and should not have the same rights as those who do.
    If you voted for Obama to prove you are not a racist...
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    Regular Member sudden valley gunner's Avatar
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    Under a justice system there wouldn't be these charges, just shows we don't have a justice system.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
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    Quote Originally Posted by amzbrady View Post
    Mr Brady should recieve an award for taking out the trash. Meth, bolt cutters, previous convictions, another example of people in our society who are not going to play by the rules, and should not have the same rights as those who do.
    +1

    Quote Originally Posted by sudden valley gunner View Post
    Under a justice system there wouldn't be these charges, just shows we don't have a justice system.
    +1

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    so wait a minute here let me see if I got this right.

    He called police and told them his house had been robbed...They didn't do anything of note or else it would have been reported by now.

    He heard them entering his house and opened the door and was blinded (constitutes REASONABLE fear for your life at this point IMHO because you cant see past the white dots and dont know if a gun or knife is anywhere there)

    He shots kills one another escapes.

    During her escape she ADMITS to discarding gloves and a stocking cap...

    She has previous arrests, is a meth head,and still has done done her time.

    And above all of this the guy whose house it is is the one being charged with 1st degree murder??!!??!!??!!??!!??!!??

    How does that even compute in an IRRATIONAL mind let alone a rational one?
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    Campaign Veteran Right Wing Wacko's Avatar
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    Sounds like it's time for the Citizens of Lewis County to elect a new prosecutor.

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    Quote Originally Posted by devildoc5 View Post
    so wait a minute here let me see if I got this right.

    He called police and told them his house had been robbed...They didn't do anything of note or else it would have been reported by now.

    He heard them entering his house and opened the door and was blinded (constitutes REASONABLE fear for your life at this point IMHO because you cant see past the white dots and dont know if a gun or knife is anywhere there)

    He shots kills one another escapes.

    During her escape she ADMITS to discarding gloves and a stocking cap...

    She has previous arrests, is a meth head,and still has done done her time.

    And above all of this the guy whose house it is is the one being charged with 1st degree murder??!!??!!??!!??!!??!!??

    How does that even compute in an IRRATIONAL mind let alone a rational one?
    I was discussing the same thing with relatives over the dinner. I would assume you would be justified in shooting the intruder shining a flashlight in your face if he is in your home. How would I KNOW what he was doing behind that light. I REALLY hope the Jury finds this man not guilty, because this charge of First Degree Murder is INSANE! How in the hell did they decide to come up with First Degree? I HIGHLY doubt that the shooting was Premeditated, let alone planned BEFOREHAND. I honestly hope the man gets a good lawyer and wins.

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    Seems the only thing they're going on is the fact that the people were fleeing and there for posed no threat. I hope the Jury finds the man not guilty and keeps setting precedent that a fleeing home intruder is as justifiable to shoot as one entering. If they come in, whether they are dropped there and then or on the lawn, it should be allowed. Teach the F***ers a lesson and stop the home invasions from happening... =\
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    Quote Originally Posted by devildoc5 View Post
    so wait a minute here let me see if I got this right.

    He called police and told them his house had been robbed...They didn't do anything of note or else it would have been reported by now.

    He heard them entering his house and opened the door and was blinded (constitutes REASONABLE fear for your life at this point IMHO because you cant see past the white dots and dont know if a gun or knife is anywhere there)

    He shots kills one another escapes.

    During her escape she ADMITS to discarding gloves and a stocking cap...

    She has previous arrests, is a meth head,and still has done done her time.

    And above all of this the guy whose house it is is the one being charged with 1st degree murder??!!??!!??!!??!!??!!??

    How does that even compute in an IRRATIONAL mind let alone a rational one?
    God forbid someone defends themselves, their home, or anything. That's what POLICE are for! *SARCASM OFF*

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    Quote Originally Posted by Goose View Post
    God forbid someone defends themselves, their home, or anything. That's what POLICE are for! *SARCASM OFF*
    I thought police were there to be the targets/decoys so those of us that can ACTUALLY shoot could take out the bad guys!

    :sarcasm off:
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    Regular Member Squeak's Avatar
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    What troubles me is the fact that he was waiting in a vacant house being remodled and not his home. This reminds me of 'booby trapping'. I can feel for the home owner and I understand where he is comming from. This is going to be a tough case.

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    Quote Originally Posted by Squeak View Post
    What troubles me is the fact that he was waiting in a vacant house being remodled and not his home. This reminds me of 'booby trapping'. I can feel for the home owner and I understand where he is comming from. This is going to be a tough case.
    It might not have been his PRIMARY RESIDENCE, but if he owned it is was his home. I can do whatever I want on my property (well sort of) and he should be able to do the same in his property. Regardless of the fact of it not being his primary residence does not negate the fact that it is still his and he still has a right to defend it....
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    Regular Member amlevin's Avatar
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    Lots of "conclusions" are being drawn already and yet the only people with all the available facts are the Prosecutor (and Defense through Discovery).

    I'm going to wait until these are all presented in Court before I draw any conclusions of my own.

    If someone waits in hiding, with the intent to kill someone else, that's a lot different than just protecting your property.

    Only way we'll know what happened is after both sides tell their story IN COURT.
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    Quote Originally Posted by Squeak View Post
    What troubles me is the fact that he was waiting in a vacant house being remodled and not his home. This reminds me of 'booby trapping'. I can feel for the home owner and I understand where he is comming from. This is going to be a tough case.
    The other story that was acquitted was that he was waiting on a different property. This one is he sees that his place has been damaged as if someone tried to break in. He sees some headlights and heads to the garage. The bad guys said that they'd call the cops because they thought the home owner was breaking in. The home owner opened the door and fired at these two who were about to break in.
    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Psalms 23:4

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    Quote Originally Posted by xxx.jakk.xxx View Post
    The other story that was acquitted was that he was waiting on a different property. This one is he sees that his place has been damaged as if someone tried to break in. He sees some headlights and heads to the garage. The bad guys said that they'd call the cops because they thought the home owner was breaking in. The home owner opened the door and fired at these two who were about to break in.
    ....and the suspects claim they were invited....

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    He will be acquitted...if he stated that he feared for his life. He had a right to be in and on the property, it is his property. The perps did not. The homeowner open the garage door to two flashlight beaming at him in the middle of the night, for all he knew they could have been armed.

    Mr. Brady deserves an award for his bravery in defending his life and his property.
    I don't mind watching the OC-Community (tea party 2.0's, who have hijacked the OC-Community) cannibalize itself. I do mind watching OC dragged through the gutter. OC is an exercise of A Right. I choose to not OC; I choose to not own firearms. I choose to leave the OC-Community to it's own self-inflicted injuries, and eventual implosion. Carry on...

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    Well, we did elect a new prosecutor down here.

    The sheriff's department didn't file charges for the longest time, then the county prosecutor decided to do so. I don't know if he was thinking it would help his chances for re-election, or as one LEO told me, there is more to the story that hasn't been revealed (??) to avoid contaminating the jury pool. (I don't know if I really buy that part).

    Truth is, in this county, I doubt he will be convicted. He will get a jury of his peers. We get a new prosecutor in January. All in all, I think the county will wish this one goes away...can you imagine the wife trying to explain what happened while on the witness stand? "We were there to rob the place for meth money..." Meth is such a huge problem in parts of this county - and people know it.

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    Regular Member amlevin's Avatar
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    Quote Originally Posted by oneeyeross View Post
    as one LEO told me, there is more to the story that hasn't been revealed (??) to avoid contaminating the jury pool. (I don't know if I really buy that part).
    Why wouldn't you "buy" that part? It makes perfect sense. Putting too much information out to the public does nothing BUT contaminate the Jury Pool. News Dorks love to try the case long before court is convened. They have the whole thing solved and parties either convicted or acquitted long before the first Jury Member is seated. The place for the facts to be presented is in court before a jury that has not been deluged with all kinds of theories and opinions.

    The Prosecutor presents his evidence.

    The Defense presents their case.

    The Judge tells the Jury what the Law is.

    The Jury decides the verdict.


    This is the Justice system that is the fairest in the world. It works best when not meddled in by the Press.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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    It's impossible to determine the entire situation, given the story. We're given a story based on facts and opinion of the writer. With that said, given the FACTS GIVEN, I don't believe the man should be charged with anything. Yes, a fleeing man can still be a threat. I'm not a fan of the "Well if he's leaving your house, you are no longer in imminent danger." BULL! Who is to say he's not going to turn around and open fire on you? Who is to say he's not going to come back with accomplices? Who is to say he's not going to go arm himself?

    Given the logic of some people, as soon as an intruder turns his back to you and runs, you are no longer justified in taking lethal action. Which, by that logic, if I were to ever rob a home, all I would have to do is turn my back on the home owner and start shooting back over my shoulder, while making sure my back is turned toward him, so he's no longer justified in shooting back.

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    Quote Originally Posted by amlevin View Post
    Why wouldn't you "buy" that part? It makes perfect sense. Putting too much information out to the public does nothing BUT contaminate the Jury Pool. News Dorks love to try the case long before court is convened. They have the whole thing solved and parties either convicted or acquitted long before the first Jury Member is seated. The place for the facts to be presented is in court before a jury that has not been deluged with all kinds of theories and opinions.

    The Prosecutor presents his evidence.

    The Defense presents their case.

    The Judge tells the Jury what the Law is.

    The Jury decides the verdict.


    This is the Justice system that is the fairest in the world. It works best when not meddled in by the Press.
    Theoretically, it would be fair if it weren't crooked.

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    Regular Member amlevin's Avatar
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    Quote Originally Posted by Aaron1124 View Post
    Theoretically, it would be fair if it weren't crooked.
    It's still the best system in the world. Would you prefer somewhere else like China? How about those civilized countries where you don't get a "Jury of your Peers", just judges?

    How about Italy? We've seen recent examples of what happens there with the Amanda Knoxx trial.

    Crooked? Perhaps a logical conclusion if you loose. But then again, there are only innocent people in prison. Just ask them.
    Last edited by amlevin; 11-27-2010 at 01:20 PM.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Of course not, but it still needs work. Remember, the justice system is run by humans, like you and I.

    I'm sure Al Capone LOVED how the local justice system worked back in his day.

    Not to get into too much detail, but I know first hand of someone who wrongfully served a year of incarceration, and he didn't do jack diddly to deserve it. People are also getting off scott-free when they should probably be doing life in prison.
    Last edited by Aaron1124; 11-27-2010 at 01:24 PM.

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    Regular Member Beretta92FSLady's Avatar
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    Clemmons is a prime example of a should-have-been lifer. The justice system is flawed because it has the human component, basically, the justice system will always be flawed. Not to mention the socio-economic factors that come into play, lack of education, etc. It does not negate the responsibility of the criminal, just saying it plays a role in the criminal behavior of some.
    I don't mind watching the OC-Community (tea party 2.0's, who have hijacked the OC-Community) cannibalize itself. I do mind watching OC dragged through the gutter. OC is an exercise of A Right. I choose to not OC; I choose to not own firearms. I choose to leave the OC-Community to it's own self-inflicted injuries, and eventual implosion. Carry on...

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    Quote Originally Posted by Beretta92FSLady View Post
    Clemmons is a prime example of a should-have-been lifer. The justice system is flawed because it has the human component, basically, the justice system will always be flawed. Not to mention the socio-economic factors that come into play, lack of education, etc. It does not negate the responsibility of the criminal, just saying it plays a role in the criminal behavior of some.
    +1

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    Regular Member Leatherneck's Avatar
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    If we follow the example given by another local LEA, a person fleeing the scene can still be shot 4 times because they may pose a threat to someone else.

    [/sarcasm]

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