(NY) Another New Yorker Charged While Defending His Family

[12GA]

Man Fatally Shoots Armed Intruder

Man fatally shoots armed intruder in mom's apartment

The Associated Press
2/19/03 6:20 PM

NEW YORK (AP) -- An airman at home in Queens fatally shot an armed man breaking into his mother's apartment, police said.

The mother had recently won a $100,000 lottery payout, police Commissioner Ray Kelly said Wednesday, but police said they did not know whether that motivated the break-in. A state Lottery Division spokeswoman did not return a phone call Wednesday.

Manuel Falquez, 22, an Air Force information manager stationed at McGuire Air Force Base in New Jersey, was in his mother's third-floor apartment with his girlfriend Tuesday night when a man with a .38-caliber revolver appeared on the living-room balcony and began to jimmy the door with a knife, police said.

Falquez grabbed an unlicensed 9mm pistol and ordered the intruder to drop his weapon, police Deputy Inspector Kenneth Mekeel said. Falquez shot the man once in the head when the intruder held onto his gun, Mekeel said.

A spokesman for Queens District Attorney Richard Brown said Falquez would be charged with criminal possession of a weapon.

A woman who answered the phone at the apartment said she did not speak English and hung up.

 

[Dave P]

"A spokesman for Queens District Attorney Richard Brown said Falquez would be charged with criminal possession of a weapon. "

Doesn't the DA have something better to do with his time? What a cesspool - time to vote with your feet and get the heck outta Dodge!

 

[Boats]

2003 NYC standings--

Unregistered NYC 9mm handguns: 2 wins 0 losses

Bad Guys: 0 wins 2 losses

Maybe had they used shotguns the DA would have nothing to prosecute? What is the law concerning long guns there?

 

[Airwolf]

The Brooklyn DA that is prosecuting the other shooting involving an “unlicensed firearm†made it perfectly clear that “no one gets a pass†on firearms violations.

It seems the Queens DA is operating from the same playbook.

I think that they are slime for doing this. They don’t give a damn about JUSTICE only about enforcing laws, looking tough on “crime†and keep reinforcing the idea that you are not allowed to exercise any self-reliance or self-preservation if it violates any law at any time. Can’t let people do that as it usurps the role of and makes the nanny state look really bad.

Justice in this country is pretty much dead. All it’s about now is law enforcement and revenue generation. Supporting the business that has grown up around the insane (both in content and volume) of laws has taken complete precedence over right, wrong and morality.

I hope karma pays back these so-called “servants of the people†with a vengeance.

 

[12GA]

Maybe had they used shotguns the DA would have nothing to prosecute? What is the law concerning long guns there?

He'd be fine with a long gun as long as it was registered. :banghead: Yup, in NYC you must register your rifles and shotguns too. The permits are not nearly as difficult to obtain as those for handguns. However, you still have to get fingerprinted, supply passport type photos and pony up the cash every three years.

 

[Drizzt]

Airman kills burglar at mom's apt.

She kept lotto $ at home

By AUSTIN FENNER, RICHARD WEIR and GREG GITTRICH
DAILY NEWS STAFF WRITERS

An Air Force serviceman shot dead a gun-toting burglar who broke into his mother's Queens apartment - where neighbors believed bags of cash from a lottery jackpot were stashed.
Manuel Falquez, 22, fired one shot from an unlicensed gun into the head of the intruder Tuesday night after his girlfriend spotted the thug slipping through a balcony door just before 7 p.m., cops said yesterday.

The unidentified burglar - the latest in a string of hoodlums who have attempted to break into the apartment in the past few weeks - had a knife in one hand and a .38-caliber revolver in the other, cops said.

When the burglar refused to drop the weapons, Falquez squeezed off a shot, killing the intruder almost instantly, according to authorities.

Falquez and his 20-year-old girlfriend were not hurt.

Falquez was taken to the 110th Precinct stationhouse, where cops were pressing him yesterday to reveal how he got his illegal 9-mm. handgun, sources told the Daily News.

Neighbors said Falquez, a computer whiz at McGuire Air Force Base in New Jersey, returned home recently because he feared for the safety of his mother, Grecia Gutierres.

Gutierres won $100,000 from the lottery within the past year - and didn't exactly keep her good fortune hush-hush.

"It was known in the neighborhood," Police Commissioner Raymond Kelly said of her windfall.

Word in the working-class Corona enclave was that Gutierres didn't trust banks and was hiding the winnings inside her home.

Since the week before Christmas, burglars have attempted to break into the third-floor apartment on Granger St. three times, neighbors said. Gutierres installed security cameras outside her door to deter would-be thieves.

Queens District Attorney Richard Brown said last night that Falquez was facing a misdemeanor gun possession charge, which carries up to a year in jail. But a law enforcement source said it was unlikely Brown would push to put Falquez behind bars.

Say intruder had a record

Sources said the man Falquez shot had two prior arrests - one for burglary, the other for drugs. Each time, he was carrying a gun, sources said.

If Brown decides not to pursue a jail sentence, his decision would stand in stark contrast to a similar case in Brooklyn. Brooklyn District Attorney Charles Hynes is insisting that a Canarsie homeowner who used an illegal handgun to fend off an intruder in December spend a few weekends in prison.

Gutierres' neighbors said her son should not be locked up.

"Just cause you shoot someone doesn't make you a criminal," said Lenny Borbon, 25. "If someone came into my house to go after my mother, I would have put a bullet in him - a few times."


With Ruth Bashinsky

http://www.nydailynews.com/news/story/61089p-57095c.html

 

[Baba Louie]

What was it they said during the Nuremburg trials? "I vas only following orders"

The Law is the LAW. I suppose the DA could be prosecuted if he violated the LAW and didn't bring the charges up against that eeeevil ner-do-well armed forces trained, son for using an "Unlicensed" firearm against an armed (twice armed) criminal.

Lets all begin to deal with the fact that we're soon to ALL be lumped into that category of Lawless gun-owning, carrying near schools, carrying concealed without paper, etc and get Pro-Active (if thats possible) with Congress, with City/County council and State Assembly types.

That NYC law really isn't such a bad law if they'd actually allow a license now and then. I guess only the rich and famous need apply, eh?

Adios

 

[Blackhawk]

"Just cause you shoot someone doesn't make you a criminal," said Lenny Borbon, 25. "If someone came into my house to go after my mother, I would have put a bullet in him - a few times."

That's right, Lenny, except in NYC and other commie enclaves in the U.S.

Vote them OUT, while you still have a chance, IF you still have a chance....

 

[sonny]

Why does everyone think it is so hard to get a handgun permit in NYC?
If you are NOT a felon....It is no more difficult to get a handgun permit than it is to get a rifle/shotgun permit.
Yes it takes longer... yes it is more expensive and yes you need a seperate purchase order for each additional handgun.
The bottom line is if you want one and are not a felon you'll get it.....you just have to wait....a long time:banghead:

 

[sar]

Being a pro-gun NYCer with close ties to the Queens DA office I can say that the ADA's are sick about having to prosecute the Queens case. They are actually upset at PD for arresting the guy. If PD have given him a pass then they would not be obligated to pursue the case. They are hoping that the manner in which they present to the Grand Jury gets it dismissed.

I have to also say that getting a NYC premise permit is not hard at all - it just takes time. About 8 to 12 months. Long barrel guns take only 60 to 90 days. I wish these guys had followed the process for the place they decided to live instead of owning non-registered guns. Then they would poster boys for legal ownership instead of anti-gun fodder. The handgun laws here are tough but they exist and will so you have to accpet them if you want to own a gun - or you can move.

 

[Drizzt]

Intruder Shooting Fourth In 2003

By Sean Gardiner
Staff Writer

February 19, 2003, 10:12 PM EST


The concept of “a man’s home is his castle†dates back to English common law. But modern law dictates you can’t protect that castle with an illegal gun.

In the past two months, four intruders have been shot in the city during burglaries and armed robberies. Three of those would-be thieves were killed.

In all but one of those cases, the men protecting their homes or business used unlicensed guns, potentially landing themselves in legal hot water.

On Tuesday night a Queens man on leave from the Air Force shot and killed a burglar who tried to break into the Corona home of his mother, who had recently won $100,000 in the Win 4 Lottery game, police said. The man, Manuel Falquez, 22, illegally bought a 9-mm handgun last week to protect his mother, police said.

Under state law, Falquez had every right to use “deadly force†against the armed burglar, who has not been identified. But under the state’s weapons law, he committed a crime.

Such crimes put district attorneys in tough situations. Queens District Attorney Richard Brown said emotions have to be put aside and “cases involving the illegal possession of handguns are carefully evaluated on a case by case basis.â€

It’s also why “it’s highly unlikely Falquez will do any jail time for this,†a law enforcement source added. Falquez’s case is the latest in a spate of such cases.

At 9:50 a.m. on Feb. 10, record store owner Amalio Santos shot and killed Carlos Ugalde, 27, after Ugalde and another man broke into Santos’ Briarwood home, police said. Santos, a retired air marshal, told authorities that Ugalde’s partner had a gun. No charges were filed in that case because Santos’ gun was licensed. Police are seeking the other suspect.

About 11 hours later, Julio Villegas, 41, an ex-convict with a long criminal record, was fatally shot while trying to rob Rassalyn Wholesale, a cigarette, candy and beer distributor, in the South Bronx, police said.

Steven Reed, a spokesman for the Bronx district attorney’s office, said the owner of the business has been charged with misdemeanor gun possession because the .38-caliber gun used in the shooting was not licensed. The case is pending.

And on Dec. 14, Ronald Dixon, 27, wounded Ivan Thompson, 40, a longtime criminal, after Thompson broke into Dixon’s home and was heading toward the room of Dixon’s 2-year-old son, police said. The Navy veteran also used an unlicensed handgun. He was charged with illegal possession of a firearm.

Prosecutors offered Dixon a plea deal, which he rejected.

In a statement released through his spokesman Wednesday, Brooklyn District Attorney Charles Hynes said: “We’re not disputing that Mr. Dixon had a right to shoot the person who broke into his house. But he had no right to have that gun.â€

The case is pending.

http://www.nynewsday.com/news/local/crime/nyc-gun0220,0,6056801.story?coll=nyc-topheadlines-left

 

[Standing Wolf]

The man who saved his mother's life deserves a civic commendation. The D.A. deserves to be fired.

 

[DeltaElite]

Fascist laws, enforced by little power hungry twerps.
I am so blessed to be living where I am.

 

[Robby from Long Island]

Sar,

I couldn't help but notice that you said it's not difficult to get a premise permit for a handgun in New York City. The only problem possibly being the waiting period of 8 to 12 months.

Apparently, I must be under a misconception as I thought there were only a couple of instances whereby a private citizen could get one.

As my curiosity is getting the better of me, could you kindly tell me what the requirements are for a New York City resident to actually get a handgun permit? I was always under the impression that only shotguns and rifles were permitted after fingerprinting, background investigation completed and required fee paid.

Way out here in the boonies of Suffolk County it took 7 months for approval of my pistol license. If it only takes 8-12 months in NYC for the same, feel it's a bargain.

 

[QKRTHNU]

Tell me why again did Terrorists target NY? I thought they hated the United States?

 

[jmbg29]

Why does everyone think it is so hard to get a handgun permit in NYC?

If you are NOT a felon....It is no more difficult to get a handgun permit than it is to get a rifle/shotgun permit.
Yes it takes longer... yes it is more expensive and yes you need a seperate purchase order for each additional handgun.
The bottom line is if you want one and are not a felon you'll get it.....you just have to wait....a long time

Dude! They have you so frazzled that you are answering your own questions.

The handgun laws here are tough but they exist and will so you have to accpet them if you want to own a gun - or you can move.

He lives in Jersey. If he hadn't been there, his mom would be taking a dirt-nap. If my mom lived in that hole, I would take my chances of being put in jail by New York scum, before I would let New York scum kill my mom.

New York!

Oh, and be sure to tell Hitlery I said hugs & kisses.

BTW NEW YORK!!!!!!!

Tell me why again did Terrorists target NY? I thought they hated the United States?

How can I add to that?


Good God! :banghead:

Read the words of another sage of the "City That Never Sleeps" below. It took the reduction of 3,000 lives into a useless ash heap to give him the only lucid moments he may ever have in his pathetic life. Lucky for us, he wrote the product of those moments down.

 

[Jim March]

The time factor was the main issue here.

Mom was under threat NOW. Multiple attempts over the past few weeks, son came in on an emergency basis. With his gun.

OK, there's a point here where this crap can't be tolerated. This is way past it.

 

[sar]

Robby:

Where in LI are you, I also have a place out east and shoot in Westhampton at the Pine Barrons sometimes. The requirements for NYC premise permit are fairly simple.

http://nyc.gov/html/nypd/html/dclm/ldinfo.html

Requirements:
Be 21 years old
No felony convictions
No mental health problems
Proof of residence
$255 fee to the NYPD
$74 fee to NY Criminal History Board
Face to face interview.

File the Application then wait. There are no safety courses requirements or qualification requirements. It may be long process but I have been shooting here in NYC for 14 years and have never heard of anyone with a clean record getting denied.

As for the DA's prosecuting - they have to or all other cases where there was a non-licensed/non-registered gun involved will be in trouble. As I said, they are sick about and will most likely punt it to the Grand Jury (in a way they lead to GJ to a recommendation for no charges) and that way they avoid any precedent issues or anti-gun crap. I know the ADA's in the Queens office and believe me they are not happy about it either.

Also, if only these guys had followed the regulations we would GREAT pr right now for gun ownership. As it is, the liberal bent on this is that even when the shooting is justified the gunowner can't be trusted.

 

[2nd Amendment]

The DA's really are stuck. If they do not prosecute these guys then it cuts their legs out from under them when they try to prosecute the real bad guys. I'd agree that the burden really falls on the cops. I know there are those here who will say a cop can not look the other way but the reality is cops always have and still do all the time all across the country on a variety of things. It's what's called a judgement call. Sadly NYC cops often seem to have lousy judgement.

 

[DeltaElite]

The fault lies in the fascist law.
The cops are ignoring the 2A as is the DA. For the sake of their jobs.
No one should be prosecuted under that draconian law, no matter what their actions with the gun.
Prosecute them for an actual crime, not for having a gun.

Can you tell I live in an open carry, shall issue state and that I believe in the 2A?

 

[jmbg29]

Requirements:...Proof of residence...File the Application then wait. There are no safety courses requirements or qualification requirements. It may be long process but I have been shooting here in NYC for 14 years and have never heard of anyone with a clean record getting denied.

HE LIVES IN NEW ing JERSEY!!!!!

Also, if only these guys had followed the regulations we would GREAT pr right now for gun ownership.

They and their familys would have been dead 6 months before their paperwork was sent to the executor of their estates!

As it is, the liberal bent on this is that even when the shooting is justified the gunowner can't be trusted.

As opposed to what? Your conservative bent? The gunowner can't be trusted because he chose life over a frigging piece of bureaucratic toilet paper? Are you ever going to understand that the liberals don't care how many innocent people die?!

They only wish to ensure that no evil people are killed. That's it! Nothing more!!!!!!!!!!

So, instead of pointing out how unbelievably stupid, self-destructive and flat out evil the liberal position is, the sheeple left and right flock together?

On the left "Guuuns aaare baaaaad! On the right (that's a laugh) Uuuunregisteredddd guuuns aaare baaaaad!

I can't tell the bleets apart.

That kid's mother is alive for only one reason. Because that kid had the guts to do what 99.99999999999999999999% of New Yorkers won't do. DEFEND HUMAN LIFE IN A MEANINGFUL WAY! Not with words or hand wringing. ACTION!

I think that the terrorists must have gotten nearly all of the good guys in one fell swoop. This is pathetic. You people make me sick.

Thank you God, for putting an entire continent between me and New York! And I hope that the DA and the ADAs enjoy burning in hell.

 

[jimpeel]

For the edification of those who tout the ease with which a NYC firearms permit can be had, Ronald Dixon was waiting for the permit process to drag out when he shot the intruder in his home. He tried to be legal but the bad guy came too soon; and the authorities came too late.

 

[sar]

Guys, I am by no means touting the ease at which a permit can be obtain. I also believe that these guys were right in their actions. I do not believe in the law but it is the law here and if you think a few right wingers like me can change it you are living in a fantasy land.I can't even take my gun (legally) into NJ to do IDPA.

To equate me with a sheeple liberal is quite insulting - I grew up were the first day of deer hunting was more important then Christmas and have served this country. Additionally, having worked and lost friends at WTC I find you invoking that act as an insult very revolting.

I fully agree that I would rather be judged by 12 then carried by six and I think you do as well. Now we will see if we all have the balls to live up to that.

 

[mjustice]

I have to also say that getting a NYC premise permit is not hard at all - it just takes time. About 8 to 12 months. Long barrel guns take only 60 to 90 days. I wish these guys had followed the process for the place they decided to live instead of owning non-registered guns. Then they would poster boys for legal ownership instead of anti-gun fodder. The handgun laws here are tough but they exist and will so you have to accpet them if you want to own a gun - or you can move.

8-12 months is against the law (law says you must receive an approval or detailed reason for denial within six months of application)

More importantly, New Yorkers pay $255 for three years where almost all of New York State pays $10 for life*. This is probably one of the biggest reasons why there are 1-2 million illegal guns in New York City, many of them handguns.

The hours to register a handgun are ridiculous (9-12 or 1, Monday through Thursday, only at 1 Police Plaza), and they make you wait up to 90 days before they issue a purchase authorization.

NYC has everything at their disposal to remove the illegal gun problem (like lowering the fee and increasing the hours and location(s) of service) and they do nothing. All it would take would be an act from the city council. Yet they do nothing. Just like they have been doing for the past 92 years. They *want* you to be a criminal if you want to own guns.

The laws are tough - but the enforcement is what kills them. If you know ADAs, then I am sure they can tell you about the guns that cops pull off of people these days, and how much gun runners are getting for them. 200-500 for a Lorcin or Raven, and a "clean" Glock can run over $1000. It should come as no surprise as to why they cannot stop gun trafficing - it's almost as lucrative as a government racket!

Charlie Hynes and the and the rest of the anti's can talk all of the liberal claptrap they can muster - the problem is the law, and it can be changed. All we need are gun owners to get up off their duff and get involved.

One of the groups that I am involved with (SCOPE's NYC Committee) had a meeting last night in Manhattan, and we "picked up" a new member. He said he wasn't involved with politics or government at all until September 11. Now he can't right enough letters. I still think there is hope for us.

MJ

* - Nassau charges $200 for five years, Suffolk and Westchester charge $10 for five years

 

[BerettaNut92]

What a pile of horsepuckey.

No chance this was an Air Force gun, right?