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Homeowner shoots a burglar who charged at him

Originally ran here as:
Glendale homeowner shoots, kills intruder stealing VCR
by Desireé Hunter
The Arizona Republic
September 05, 2001

A Glendale homeowner caught a burglar trying to swipe his VCR and shot to death the suspect when the man came toward him, authorities said.

According to Glendale police, the homeowner was in the back of the house when he heard a noise about 11:15 p.m. Armed with a gun, the unidentified owner went to investigate and found an intruder trying to steal a video cassette recorder.

The homeowner said the burglar charged at him, prompting him to open fire once, said police spokesman Officer Matt Brown.

The suspect, identified as Gary Chavez, 35, staggered outside and fell down in front of the house, where he died, authorities said. Chavez had not been armed.

The incident occurred in the 7700 block of North 44th Drive, just south of Northern Avenue.

The case will be submitted to the Maricopa County Attorney's Office, which will decide whether the shooting was justified or whether charges will be brought.

Authorities declined to release the identity of the homeowner, but added that everything at the scene was consistent with accounts he gave police investigators.

Homeowner shoots and kills intruder
(another version of story)

Originally ran here as:
Homeowner Kills Intruder
KPNX - TV Channel 12
September 05, 2001

A Glendale homeowner shot and killed a man he said had broken into his house. Glendale police spokesman Matt Brown says the homeowner was in the back of his house when he heard a noise in the front about 11:15 Tuesday night.

The homeowner said he went to investigate and found a man later identified as 35-year-old Gary Chavez of Phoenix in his living room who was trying to steal his VCR.

Brown says the homeowner told police that he yelled at Chavez and then Chavez charged at him. That's when the homeowner said he shot Chavez, who then staggered outside and died.

Brown says police will forward their report on what happened to the county attorney's office, whose job it will be to determine if the shooting was justified.

The incident occurred on north 44th Drive, just south of Northern Avenue.


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"Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004)

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