Keep and Bear Arms
Home Members Login/Join About Us News/Editorials Archives Take Action Your Voice Web Services Free Email
You are 1 of 198 active visitors Wednesday, March 29, 2017
EMAIL NEWS
Main Email List:
Subscribe
Unsubscribe

State Email Lists:
Click Here
SUPPORT KABA
Join/Renew Online
Join/Renew by Mail
Make a Donation
Magazine Subscriptions
KABA Memorial Fund
Advertise Here
Use KABA Free Email

JOIN/Renew NOW!
 
SUPPORT OUR SUPPORTERS

 

YOUR VOTE COUNTS

Keep and Bear Arms - Vote In Our Polls
Do you support President Trump's Supreme Court nomination of respected constitutionalist Neil Gorsuch?
Yes
No
Undecided

Current results
Earlier poll results
58 people voted

 

SPONSORED LINKS

 
» U.S. Gun Laws
» AmeriPAC
» NoInternetTax
» Gun Show On The Net
» 2nd Amendment Show
» SEMPER FIrearms
» Colt Collectors Assoc.
» Personal Defense Solutions

 

 

 

Keep and Bear Arms

Search:

Archived Information

Top | Last 30 Days | Search | Add to Archives | Newsletter | Featured Item


Student won't be charged in shooting incident

Originally ran here as:
"Student won't be charged in shooting incident"
by David Conti
Tribune-Review
October 18, 2001

PITTSBURGH, PENNSYLVANIA -- A University of Pittsburgh student who shot two teen-agers he caught in his basement will not be charged with any crime because he was defending himself, Pittsburgh police said Wednesday.

"The shooting appears to be completely justified in light of the fact they were in his basement, wearing masks, and even though he was carrying a shotgun they continued to approach him," Lt. Thomas Stangrecki said.

Joshua Johnston, 21, of Manton Way in Pittsburgh's Allentown neighborhood, told police he fired after he heard someone breaking in Tuesday afternoon and found Herbert Russell, 18, also of Manton Way, and Gary Whisner, 19, of Carrick Avenue, Carrick, in his basement.

Police filed burglary charges against the two, who were in stable condition at Mercy Hospital, Uptown. They face a preliminary hearing Oct. 26 on charges of burglary and criminal conspiracy.

The house is owned by Johnston's grandfather, John Leban, who is ill and staying with relatives.

Johnston told investigators he was asleep about 3:30 p.m. Tuesday when he heard a noise. He grabbed a 12-gauge shotgun and went to the basement, police said.

Johnston told police he found the teens, who were wearing ski masks. He fired when one came at him, and fired again when the other teen appeared to reach for a weapon.

Police said neither of the men was armed. Russell was found in Johnston's backyard with a gunshot wound to the abdomen. Whisner went to a neighbor's home seeking help for a chest wound.

Investigators said the teens may have gone to Johnston's home to collect a debt.

"If that's true, it's still no justification for breaking into someone's house," Stangrecki said.

A local expert said the law is very clear on using deadly force for self-protection.

"Assuming all the facts that have been presented are true, this man obviously felt he was in immediate danger, which makes this use of deadly force justifiable," said John Rago, the associate dean of the Duquesne University Law School and a professor of criminal law.

The use of deadly force is not allowed solely for the protection of home or property, Rago said. But it is justifiable if someone believes that "force is immediately necessary to protect themselves from very serious injury," he said.

Rago cautioned the law applies only to those in their own home or office. Outside, someone must consider whether running away from the danger is possible before using deadly force.

"You can turn around and run on the street," Rago said. "But there is no such duty to retreat in your home."

Johnston, who told police the home had been burglarized several days before, was staying with relatives and could not be reached for comment.

Allegheny County District Attorney Stephen A. Zappala Jr.'s office is reviewing the case.

"City police have consulted with our office, and our office is in agreement with their assessment of the situation thus far," said Zappala spokesman Mike Manko.

David Conti can be reached at (412) 441-0976.


NOTICE: In accordance with Title 17 U.S.C. Section 107, this material is distributed, without profit, for research or educational purposes. We do our best, as well, to give credit to the original news source who published these Guns Save Lives stories out of respect and appreciation for their willingness to spread the word that Guns Save Lives -- and when an original link is available, we ALWAYS send all our visitors to read the original article on the original site where it was posted. God Bless the Americans that publish these stories - for assisting Americans in hearing the truth about guns saving lives.

Printer Version

 QUOTES TO REMEMBER
If I were an American, as I am an Englishman, while a foreign troop was landed in my country I never would lay down my arms, never! never! never! William Pitt, Earl of Chatham (1708-1778) Speech, Nov. 18, 1777

COPYRIGHT POLICY: The posting of copyrighted articles and other content, in whole or in part, is not allowed here. We have made an effort to educate our users about this policy and we are extremely serious about this. Users who are caught violating this rule will be warned and/or banned.
If you are the owner of content that you believe has been posted on this site without your permission, please contact our webmaster by following this link. Please include with your message: (1) the particulars of the infringement, including a description of the content, (2) a link to that content here and (3) information concerning where the content in question was originally posted/published. We will address your complaint as quickly as possible. Thank you.

 
NOTICE:  The information contained in this site is not to be considered as legal advice. In no way are Keep And Bear Arms .com or any of its agents responsible for the actions of our members or site visitors. Also, because this web site is a Free Speech Zone, opinions, ideas, beliefs, suggestions, practices and concepts throughout this site may or may not represent those of Keep And Bear Arms .com. All rights reserved. Articles that are original to this site may be redistributed provided they are left intact and a link to http://www.KeepAndBearArms.com is given. Click here for Contact Information for representatives of KeepAndBearArms.com.

Thawte.com is the leading provider of Public Key Infrastructure (PKI) and digital certificate solutions used by enterprises, Web sites, and consumers to conduct secure communications and transactions over the Internet and private networks.

KeepAndBearArms.com, Inc. © 1999-2017, All Rights Reserved. Privacy Policy