CA) No charges in death of intruder 09-10-03


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WAGCEVP
September 15, 2003, 07:45 PM
CA) No charges in death of intruder 09-10-03
Date: Sep 14, 2003 8:39 PM

http://www.desertdispatch.com/cgi-bin/newspro/viewnews.cgi?newsid1063203703,3508,

The Desert Dispatch is a daily newspaper serving the communities of
Barstow, Dagget, Fort Irwin, Hinkley, Lenwood, Newberry Springs and
Yermo.

Wednesday, September 10, 2003
No charges in Newberry Springs shooting death
By LEO MONIZ/Staff Writer

Newberry Springs -- A 77-year-old man who shot and killed an intruder in
his home here on August 15 will not face prosecution, Barstow
Supervising Deputy District Attorney Gary Roth said.

"The shooting was done in self-defense, so no criminal charges will be
filed," Roth said.

Charles Harris shot 23-year-old Eric Kirby, of Newberry Springs, during
an apparent robbery gone wrong, San Bernardino County Sheriff's Sgt.
Gerrit Tesselaar said in August.

Harris was asleep, but awoke shortly after midnight to discover that
Kirby had forced entry to Harris's Fairview Road home, Tesselaar said.
Harris then armed himself with a handgun and held Kirby at gunpoint
while attempting to telephone law enforcement.

Harris shot Kirby once in the chest after Kirby moved to attack him,
Tesselaar said. Kirby died at the scene.

Harris completed a 911 call at 12:15 a.m. and reported the shooting.

Roth said the determination of self-defense by the district attorney's
office followed a similar conclusion by investigators.

"The sheriff's department determined it was justifiable homicide also,"
he said.

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spacemanspiff
September 15, 2003, 07:57 PM
during an apparent robbery gone wrong,
no, sounds like it went right to me.

Standing Wolf
September 15, 2003, 08:43 PM
no, sounds like it went right to me.

Well said. Think of all the people who won't be robbed, burglarized, raped, and murdered by that one.

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