Drizzt
February 17, 2003, 06:15 PM
Officials won't charge man in death
District attorney rules burglar's shooting justified
By Rick Elkins
Staff writer
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TULARE -- No charges will be filed against Michael Stapleton, 33 of Tulare, who fatally shot an intruder at his home on Jan. 20.
"It was justifiable homicide," said Assistant District Attorney Carol Turner late Friday.
Raymond Rodriguez, 39 of Tulare, died after he drove himself to Tulare District Hospital moments after he was shot at the Orinda Street address. He died in the hospital emergency room before he could be questioned by police.
Turner said all evidence indicated that Stapleton acted in self-defense.
"The evidence strongly suggested that Mr. Rodriguez was trying to break into the home. Mr. Stapleton was protecting himself and his home. He was afraid," Turner said.
She said Stapleton was sleeping about 6 p.m. on Jan. 20 when he heard the doorbell ring. He did not answer the door, but it has been determined that it was Rodriguez who rang the doorbell.
Stapleton has a night job and sleeps in the afternoon.
"Then 20 minutes later he heard a noise at the back of the house," Turner said. Stapleton got a gun he keeps locked up, then pulled back the vertical blinds and saw a man reaching up for the last latch on the door. He felt the man was still trying to enter and fired through the door that was already partially open. Turner said the screen had been cut.
Rodriguez was shot once in the chest, but was able to get to his car and drive to the hospital two miles away.
http://www.visaliatimesdelta.com/news/stories/20030215/localnews/992610.html
District attorney rules burglar's shooting justified
By Rick Elkins
Staff writer
--------------------------------------------------------------------------------
TULARE -- No charges will be filed against Michael Stapleton, 33 of Tulare, who fatally shot an intruder at his home on Jan. 20.
"It was justifiable homicide," said Assistant District Attorney Carol Turner late Friday.
Raymond Rodriguez, 39 of Tulare, died after he drove himself to Tulare District Hospital moments after he was shot at the Orinda Street address. He died in the hospital emergency room before he could be questioned by police.
Turner said all evidence indicated that Stapleton acted in self-defense.
"The evidence strongly suggested that Mr. Rodriguez was trying to break into the home. Mr. Stapleton was protecting himself and his home. He was afraid," Turner said.
She said Stapleton was sleeping about 6 p.m. on Jan. 20 when he heard the doorbell ring. He did not answer the door, but it has been determined that it was Rodriguez who rang the doorbell.
Stapleton has a night job and sleeps in the afternoon.
"Then 20 minutes later he heard a noise at the back of the house," Turner said. Stapleton got a gun he keeps locked up, then pulled back the vertical blinds and saw a man reaching up for the last latch on the door. He felt the man was still trying to enter and fired through the door that was already partially open. Turner said the screen had been cut.
Rodriguez was shot once in the chest, but was able to get to his car and drive to the hospital two miles away.
http://www.visaliatimesdelta.com/news/stories/20030215/localnews/992610.html