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

tannerwaterbury

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http://tdn.com/news/local/article_47212870-f820-11df-aab6-001cc4c002e0.html?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?
 

amzbrady

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Marysville, Washington, USA
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.
 

Deleted_User

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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.

+1

Under a justice system there wouldn't be these charges, just shows we don't have a justice system.

+1

... against all enemies, foreign and domestic ...
 

devildoc5

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Somewhere over run with mud(s)
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?
 

tannerwaterbury

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Location
Kelso, Washington, USA
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.
 

xxx.jakk.xxx

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Feb 16, 2010
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467
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... =\
 

Deleted_User

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807
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*
 

Squeak

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Port Orchard,
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.
 

devildoc5

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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.

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....
 

amlevin

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North of Seattle, Washington, USA
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.
 

xxx.jakk.xxx

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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.

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.
 

TechnoWeenie

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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.... :confused:
 

Beretta92FSLady

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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.
 

oneeyeross

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Feb 28, 2010
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Winlock, , USA
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.
 

amlevin

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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.
 

Aaron1124

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Kent, Washington, USA
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.
 

Aaron1124

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Kent, Washington, USA
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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