Woman fends off robbers with .44 Magnum

Thought this story was worth sharing:)

http://www.santafenewmexican.com/Local%20News/Burglars-flee-hail-of-bullets


Police search for suspects after woman fends off robbers with .44 Magnum

Jason Auslander | The New Mexican

4/22/2009 - 4/23/09
Lisa Gallegos was taking a bath Wednesday morning when she heard a knock at the front door of her Eldorado-area home.

Assuming the person would leave, the 41-year-old construction contractor ignored it. Then she saw a shadow move past her bathroom window. Thinking it might be her father-in-law, who lives nearby and sometimes brings over paperwork, Gallegos called him on her cell phone. However, he said he wasn't there. He offered to come over, but Gallegos said she wasn't worried.

Next she heard a car engine and thought the person at the door was leaving. But the shadow passed by her bathroom window again.

"Then I hear a big bang," Gallegos said in a phone interview Wednesday evening, "and I knew someone was breaking into my house."

She jumped out of the bathtub, wrapped herself in a towel and grabbed the loaded .44 Magnum revolver she keeps by her bed.

"I thought, 'Someone is robbing my house and I'm not going to let this happen,' " Gallegos said. "I work hard for my stuff."

Holding her towel with one hand and the gun in the other, Gallegos crept quietly to the area of the home where she could hear two people rummaging around. One man was in her daughter's bedroom, while the other was in her office. Gallegos concentrated first on the man in her daughter's room.

"So I pulled up the gun and aimed it at the guy — he didn't see me — and I said, 'Get the (expletive) out of my house,' " she said. "He looks up and he comes toward me running. I was about to pull the trigger, and he sees the gun, and he goes to my right and out the door he came in."

The man had parked his dark blue, late 1990s sport-utility vehicle in her home's courtyard, and she saw him slam one of the doors shut. Gallegos said she was afraid he was going to retrieve a weapon, so she fired a round at his car. The man jumped into the vehicle, spun the wheels and drove out of the courtyard.

Gallegos then turned her attention to the man in the office, who shut the door when he heard the gunshot. She said she could hear him trying to get out a window. She went outside and saw the man in the SUV driving around her home, so she fired three more shots at him.

The man in the office fled out the window, and Gallegos saw him running across a field toward the SUV. Gallegos fired one shot at him and watched him fall to the ground. The man then got back on his feet and jumped into the SUV, and the vehicle sped away.

"It was a quite a thing," said Gallegos, who is also a volunteer Eldorado firefighter and mother of two children. "It was kind of scary."

Gallegos got a partial New Mexico license plate number of the SUV — 011-D — and told detectives the men appeared to be in their 20s. She described the man in her daughter's bedroom as 5-foot-9, 180 pounds with dark hair, dark eyes, medium-colored skin, wearing a dark blue jacket and blue jeans, said Santa Fe County Undersheriff Robert Garcia. She only described the other man as wearing a light-colored shirt.

Gallegos said sheriff's investigators later told her she could have been arrested if she had shot one of the men while they were fleeing because they no longer represented a threat. Garcia confirmed that fact, but said that if she had shot the man as he ran toward her or when she thought he was going for a weapon, it would have been legal.

Gallegos said she was sure the man was trying to attack her when he ran at her and only veered away when he saw the gun.

"Had he gotten any closer, I was ready to shoot him," she said.

Investigators found no traces of blood outside the home on Mejor Lado, and figure the man who was in the office likely slipped on gravel when Gallegos saw him fall, Garcia said. Also, no one with gunshot wounds showed up at Christus St. Vincent Regional Medical Center on Wednesday, he said.

"I'm really glad I didn't have to shoot somebody," Gallegos said. "But I was really ready to shoot the weapon. I didn't want to have to go hide in my bedroom and wait for them to come in there."

Garcia also said he was glad no one was hurt.

"These are two very lucky burglars," he said.

Still, Garcia worried that the increasing number of burglaries in the Santa Fe area could lead to future injuries.

"It could be that people are getting fed up with their houses being broken into," he said. "Hopefully no one will get hurt."

Gallegos said sheriff's investigators later told her she could have been arrested if she had shot one of the men while they were fleeing because they no longer represented a threat.

uhhhh...

Until they're serving a life sentence or dead, these pieces of *expletive* are still threats.

The burglar could say he was fleeing but could of been caught up in a failed attempt to retrieve a weapon.

Good for her, i'm glad she wasn't hurt.

She stopped a threat, and is upright and breathing, that is a win in my book.

Granted some mistakes were made, and she could use some getting up to speed on a few things...

Still two thugs, will never forget, and a message was sent, loud and clear.

I might have missed too, firing a .44 Magnum one-handed.

I'm glad this lady could come out of this unharmed, but I sure do wish she'd take a mindful look into the law. I also wish she'd buy a stainless gun and take it into the bathroom with her. Simply put, she got lucky this time around. Hopefully she'll never have to deal with something like this again.

Stay safe down there, nwilliams.

good for her. yes, she did a few things that were not right, i am glad for her that no one was hurt. i would hate to see a victim end up in jail. but i seriously doubt those two will return to her home again! they are probably still cleaning out their shorts. if she hit the suv, the bullet hole(s) should help the police place it at the scene.

My primary home defense handgun is a .44 magnum, too (Hogued nickel 5 7/8 Smith 29-3)

It has a very soul-satisfying report. I can only imagine what it sounds like from the other end.

Until they're serving a life sentence or dead, these pieces of *expletive* are still threats.
You may find that a rather large number of statutes and much case law would disagree with you. As she would be tried according to that standard and not your opinion, it seems she is lucky she didn't actually hit any of them as they were running away.

As she would be tried according to that standard and not your opinion, it seems she is lucky she didn't actually hit any of them as they were running away.
So, in New Mexico it's okay to shoot at somebody as long as you don't hit them?

It seems to me that if her shot at the robber running away through the field was not legally justified, it would be illegal whether or not the bullet hit flesh.

Is this just a case of the cops looking the other way because nobody got hurt? I know in a lot of jurisdictions the cops' hands are tied when it comes to pressing charges if somebody is injured or killed (i.e. they can't cut the offender a break in that scenario).

Phatty: "Is this just a case of the cops looking the other way because nobody got hurt?"

Yes.

Trouble is, while it seems and probably is the right result in that case, it will encourage more mall ninjas to think they can, should and will escape prosecution should they happen to shoot a guy pedaling away from their home on a bicycle (this actually happened recently, and yes, the clod skated, incredibly).

Wish I could have seen that---the thought of a wet half naked lady pointing a cannon at some punk just makes me chuckle.

the thought of a wet half naked lady pointing a cannon at some punk just makes me chuckle.
She could have bolstered her advantage of surprise by skipping the towel altogether. Imagine if the robber she confronted in the bedroom was armed himself with a pistol. The split second where the robber is stunned by the sight of a naked woman could have given her the time she needed to fire off a round before the bad guy could do the same.

Phatty: "She could have bolstered her advantage of surprise by skipping the towel altogether."

Too bad nothing more happened; as defense counsel I'd have insisted on a realistic courtroom re-enactment -- solely for the benefit of the jury, of course.

Nah, Woman who fight makes me happy enough as it is.

Good shoot. I guess if I heard a shoot aimed at me, Id slip too. LOL.

My call. A little rough and ready around the edges with a few errors, but all in all. Good shoot.

You know, I suspect that's the last time those two will do that again. Getting shot at repeatedly tends to scare the ever-living crap out of most people like that.

You may find that a rather large number of statutes and much case law would disagree with you. As she would be tried according to that standard and not your opinion, it seems she is lucky she didn't actually hit any of them as they were running away.

I meant a threat to society, not just Mrs. Callegos

You can shoot a perp. leaving the scene of a felony crime in TX.

Wow! Lady with a .44 mag! They must bring'em up tough in NM. I thought I was hardcore with my 686!

Guess not!

That's a great story, hopefully she'll never have to go through anything like that again.

Good for her being prepared and determined not to be a victim!!

When I lived in Los Angeles, my wife and I knew a couple who were victims of a home invasion, although the results were good for our friends.

The woman was a nurse at one of the large L.A. hospitals and worked the night shift. Her husband worked regular hours during the day.

She was home alone, asleep, mid day. She was awakened by the sound of someone breaking a side door.

The bad guy entered her bedroom door and found himself staring at the nurse, sitting up in bed, holding her husband's Ruger Super Blackhawk .44 Magnum, pointing directly at him. As she cocked the hammer, he saw that big revolver and instantly reacted in fear and literally jumped completely through a nearby closed bedroom window, shattering the entire window.

He ended up lying, moaning, bleeding like a stuck pig, on the couple's driveway, outside by their garage. She ran out dressed only in her nightgown, with her .44 Mag., and held him at gun point.

Unlike jumping through large glass windows in flicks, the bad guy was cut all to pieces. The nurse's neighbor heard the commotion and called the police. (This was before cell phones.)

I can't remember the exact number of stitches it took to sew up the bad guy but it was a whole bunch! He was on probation from Folsom and went back up for several more years.

As we all know, whatever gun you have with you at the time of dire need, is the best gun you can have!!

That Ruger .44 Magnum, although not what I'd favor for home defense, most assuredly worked for that nurse... and the woman in New Mexico. :)


L.W.

Many states' laws hold that you can't shoot a criminal running away because he no longer poses a threat. I have only heard of prosecutors actually charging people under these circumstances in Liberal states, like CA and NY. In more Conservative states they know a jury would never convict and they may as well not run for reelection if they tried to prosecute.

A lot of comments about how this was great.

I don't think so at all. The lady had the drop on a guy and missed from a very close distance. It sounds to me like she can't hit the broad side of a barn with her .44 so it's basically just a handheld firecracker. This event should scare the heck out of her and convince her to get some training, or practice, or quite possibly both. Maybe she needs a smaller gun as well.

Garcia also said he was glad no one was hurt.

"These are two very lucky burglars," he said.

Still, Garcia worried that the increasing number of burglaries in the Santa Fe area could lead to future injuries.

"It could be that people are getting fed up with their houses being broken into," he said. "Hopefully no one will get hurt."
I hope he's only talking about homeowners... It sounds an awful lot like he hopes no criminals get shot in the act.

They forgot to mention what she said to the running gentleman.

I know what you're thinking. "Did she fire six shots or only five?" Well, to tell you the truth, in all this excitement I kind of lost track myself. But being as this is a .44 Magnum, the most powerful handgun in the world, and would blow your head clean off, you've got to ask yourself one question: Do I feel lucky? Well, do ya, punk?

sheriff's investigators later told her she could have been arrested if she had shot one of the men while they were fleeing because they no longer represented a threat

That's unfortunate, and it illustrates how your split second actions will be picked apart, for weeks on end, in a trial, prosecuting you.

I don't know if I could determine whether or not an intruder/attacker is fleeing unless they were in full sprint, arms in the air, running away from me, screaming, "I'm fleeing! I'm fleeing!".

A .44 Magnum one-handed is certainly not impossible for someone who has been working construction for a long time. It tends to breed a strong grip.

I don't know if I could determine whether or not an intruder/attacker is fleeing unless they were in full sprint, arms in the air, running away from me, screaming, "I'm fleeing! I'm fleeing!".

Always wonder that myself.

One persons view of "fleeing" is another person's view of "maneuvering for a better position".

One could assume the poor shooting form could be due to the situation instead of the weapon.

Kinda hard to shoot straight with one hand holding a towel and all her bumpy bits hanging out---I would think that would be hard to do with any weapon.

She didn't hit anybody because...it was a 44 magnum.:D

Seriously though, that sucker is hard to shoot accurately unless you're well trained with it. Maybe she had 44 Specials in it?

A .44 Magnum one-handed is certainly not impossible for someone who has been working construction for a long time. It tends to breed a strong grip.

This case certainly doesn't prove your point. ;)

I'm not surprised that the woman didn't hit anything with that gun. I'm pretty certain that a BG wouldn't just fall and get up so easily after being hit with a .44 magnum bullet, ESPECIALLY the fact that police didn't find any blood anywhere. If the BG did get shot, responded to the gunshot like that AND survived...well that is one tough summabich

Even if she had shot an hit the guy running away, an they arrested her an put her on trial, an I'm on the jury......"Not Guilty"......maybe I have watched too many Charles Bronson movies, or maybe I'm getting sick of thugs rights.

I think she did good.
Still rule of thumb.
Stop the defense once the treat has retreated
or been illuminated.
Shooting a feeling criminal in the back would be a hard sell
as self defense in most states.

My wife keeps my 44 mag Ruger stainless steel 10 & 1/2" barrel at the bedside and she can handle it easily one handed and she isn't a large strong women. That long barrel tames it right down.

Go, Lisa!

It's good no neighbors were shot and it's good she scared the daylights out of the vultures without getting charged for spraying the street.

Good woman.

Like you other guys, I'm not concerned about the welfare of the bad guys.
I'm only concerned about those 3 or 4 bullets flying around the neighborhood.

In the movies, bullets disappear into vapor when they miss their target. In real life, they hit houses, cars, kids, fences, windows, dogs, toys, sheds, garage doors... And the ones that hit pavement or concrete don't just stop, they ricochet and keep going until they hit something. Or someone.

Like all of us, our good woman Lisa might think about regular training and practice.

Yes I'm armchair quarterbacking, however I think she shouldn't have gone house clearing. What if one of them had been waiting and had a gun?

My cousin in Texas emptied his revolver at two meth-heads speeding away in their car after having robbed his store.

I was surprised the deputies didn't cite him for missing.

In my opinion, Her main mistake was not being prepared to shoot the intruders when she identified them as such. Instead she engages in conversation with the first one, and he almost gets to her.
Still she was able to pull the trigger at the last second.
Good for her.

Brings up the point of how hard it is to use the handgun under pressure. A short barreled shotgun full of 3" 00 or #1 buck would probably have put paid on the intruders tickets.

Joe Horn of Texas had almost the same events. He confronted the intruders, they advanced, saw the weapon (shotgun) veered away and died from multiple 00 strikes.

Main difference was the weapon chosen for home defense.

A short shotgun or carbine is much easier to weild in stressful situations.

In the end she came out alive and free. Can't get much better.

Too bad she did hit them. If she had dropped the towel and used both hands she might have tagged one.