Cali Homeowner Shoots Home Invader, Ditches Body

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FCFC

Has Never Owned a Gun
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Apparantly a good shoot. Apparently a very good shoot. Let's face it, shooting an armed home invader is a righteous thing.... Especially in California.

But it looks like Nichols followed up a good thing with a bad thing. He picks up the shot body (still breathing) and ditches it.

He panicked.

I'm ambivalent about this case. Nichols saved his and his roommates lives. He deserves praise for that. But he violated federal gun law(s) and acted like a common criminal and left some poor shot up felon to bleed to death. Hardly an ethical act....

I wonder what Nichols did with the home invader's shotgun?



First suspect, then victim: shooting said self-defense
By Lori Consalvo, Staff Writer
Article Launched: 07/30/2008 11:07:49 PM PDT


Brett Nichols, 48, takes a few moments to collect his thoughts before describing the events that lead to his arrest and then eventual release for attempted murder of David Rotela. Nichols said he shot in self defense during a home invasion by Rotela on Wednesday. (Therese Tran / Staff Photographer)POMONA - In a span of two days, Brett Nichols went from being accused of attempted murder to becoming the victim in the same incident.

The 48-year-old Phillips Ranch resident was arrested Monday morning on suspicion of attempted murder. Police said he had shot a man and dumped the body in the hills near his home.

But Nichols was released from jail Wednesday afternoon after police determined he was acting in self-defense when he shot David Rotela, a 22-year-old Rosemead resident who survived the ordeal, authorities said.

"It was a dumb move for me to do that, to dump his body, but I didn't know what to do," said Nichols outside his Edgebrook Drive home.

Sgt. Robert Baker said "The (Los Angeles County district attorney) declined to prosecute for that incident."

"Nichols is no longer a suspect," Baker said.

According to Nichols, the shooting evolved from a home invasion robbery about 1:30 a.m. Monday.

Five people live in the house owned by Nichols, who said he was waiting for his girlfriend to come home when he heard a commotion in a bedroom.

He armed himself with a gun, "just in case something got out of hand," and went to find the source of the noise, Nichols said.

Nichols said he discovered a man holding a shotgun and wearing a ski mask who ordered him and three other residents to lie under a mattress.

Rotela and a second man took cell phones, cameras and car keys from the residents, authorities said.

As the men left the room, Nichols followed them. When Rotela got to the front door, he swung around and pointed his shotgun at Nichols.

Nichols fired at Rotela who then fell back onto the front walkway while the second man escaped with the stolen goods, authorities said.

Nichols, with a felony drug conviction from the 1990s and no license for the gun, said, "I thought, `A felon with a gun, this isn't good."'

He said he took Rotela and drove him to the hills adjacent to his home and left him there.

"He was paralyzed - he knew it. He said he didn't want to live like that, so I took him out and laid him under the stars like he wanted," Nichols said.

Afterward, Nichols said, he went to 7-Eleven to get a drink and cleaned his truck and the walkway of his house. He also cut out the blood stains from the carpet, leaving square holes, he said.

Police came to the house six hours later to talk to Nichols about a report of shots fired, and he led them to Rotela, who was still alive. Rotela was flown to Los Angeles County-USC Medical Center. He was listed in critical condition.

Baker said the the investigation is still ongoing, but Rotela could face charges.

Nichols said he had never had contact with Rotela before and did not intend to shoot him.

"I was protecting my home," he said. "If he hadn't turned on me, I probably wouldn't have shot him."

http://www.sgvtribune.com/news/ci_10050854
 
And police said the burglar, Rotela, "Could face charges".

Oh, my. Why would the State of California (my home state) ever wish to file charges on such a nice man. After all, he didn't shoot anybody.
 
Either the recent earthquake in this area was caused by a change in California's attitude to gun ownership and use or there is a LOT more behind this story than has been printed.

Felony, no gun license.
Tampering with evidence.
Shot invader AFTER robbery when the invader was leaving scene.
No prosecution.

Very long MMMMhhhhh ?????
 
Lets see... a convicted Felon with a pistol and another criminal with a shotgun shoot it out. One of them almost dies and the other hides the body...

One of them MAY get prosecuted. Now that's going to go the highlight reel for our JUSTICE SYSTEM. :banghead:
Will
 
Either the recent earthquake in this area was caused by a change in California's attitude to gun ownership and use or there is a LOT more behind this story than has been printed.

Felony, no gun license.
Tampering with evidence.
Shot invader AFTER robbery when the invader was leaving scene.
No prosecution.

Very long MMMMhhhhh ?????


True.



Nichols is today's "Luckiest Man Alive" award winner.



.
 
Shot invader AFTER robbery when the invader was leaving scene.

You left out the part where the invader turned and pointed the shotgun at the homeowner.

FTA:

"As the men left the room, Nichols followed them. When Rotela got to the front door, he swung around and pointed his shotgun at Nichols."

This incident also highlights an aspect of the whole "felons with guns" thing. Sounds like Nichols' felony was for a non-violent offense, which in my view should not preclude him from owning guns.

Another thing, it's not like Nichols was hiding a body. The perp was communicating with him, said he "...didn't want to live like that", and asked to be put out in the woods. Sounds like the perp declined medical attention.

Yes, a weird case. Should Nichols be prosecuted? Not IMHO. He may have enough to worry about with the perps homies coming around for revenge.
 
If he had used a blackpowder gun it wouldn't be an issue right? Other than leaving the guy out in the woods to die.
 
It's funny that he was worried about getting caught with the gun, but thought he'd be fine if he hid the body and destroyed evidence at the scene.

:scrutiny:
 
California has no licensing requirement for firearms ownership, use or carry on private property.

Could the reporter mean that his rights hadn't been restored as a reformed felon? Or does she know nothing about California law, despite working the crime beat?
 
Kal,

"He was paralyzed - he knew it. He said he didn't want to live like that, so I took him out and laid him under the stars like he wanted," Nichols said.
So the perp asked to be put under the stars to die in peace? They stopped making B movies with lines like that long ago. What did you expect Nicholls to say - I didn't want to do time so I dumped the - expected soon to be - body?

You left out the part where the invader turned and pointed the shotgun at the homeowner.
Look, you have just been held up at gunpoint. You are lucky you are still alive. Most people would stay down until the perps were safely away from the house and call 911. In this case, Nicholls followed so quickly that the one with a shotgun was still in the doorway. It could be argued that the invaders were no longer a threat because, even though they were armed, they were leaving the scene of the crime so there was no longer a threat of violence. Either Nicholls had a gun during the robbery and did not use or, after the invaders left, he obtained a gun and gave chase. During an armed robbery he had a reason to use a gun. I don't know California law but I wonder whether following someone and shooting them after a robbery is completed is legal. It would be interesting to see know where the bullet hole in the invader was located.
"He was paralyzed
Sounds like a hit in the spine. Great self-diagnosis by an injured man.

Sounds like Nichols' felony was for a non-violent offense, which in my view should not preclude him from owning guns.
I did not see a comment on his felony. I will check. Added. Felony drug could cover a lot of things.

Another thing, it's not like Nichols was hiding a body.
For Heaven's sake. He took the injured perp up a mountain road and dumped him. He cut up his carpet to hide blood stains. He cleaned his car. How can you seriously say he was not trying to hide his connection with the shooting?
 
Look, you have just been held up at gunpoint. You are lucky you are still alive. Most people would stay down until the perps were safely away from the house and call 911. In this case, Nicholls followed so quickly that the one with a shotgun was still in the doorway.

Maybe he followed the guy just to make sure he was leaving. I don't consider that unreasonable. Otherwise, how would you know the perps had left the house? Again, if his story is true, he didn't shoot until the guy turned around and pointed the shotgun at him.

Felony drug could cover a lot of things.

Yes, maybe, maybe not, but neither of us knows.

For Heaven's sake. He took the injured perp up a mountain road and dumped him.

Yes, apparently at the perp's request (if the story is true). Sounds like the perp didn't WANT to go anywhere else (like a hospital).

He cut up his carpet to hide blood stains. He cleaned his car. How can you seriously say he was not trying to hide his connection with the shooting?

I didn't say he wasn't trying to hide his connection with the shooting. I said he wasn't hiding a body, which is true.

Maybe Nichols was just glad these scumbags were out of his life, and wanted to clean up the mess they'd made, and avoid the further mess that bringing in the police would make for him. Remember, if the story is true, he didn't bring any of this on himself.
 
California has no licensing requirement for firearms ownership, use or carry on private property.

Are you neglecting to mention the registration requirement?

-T
 
Are you neglecting to mention the registration requirement?

No. That's a different issue. Handgun serial numbers are entered into a database, connected to the owner's name, AFTER they are purchased. The standard 4473 is used, but the information is kept on file. I oppose this, but it's not the same as licensing. You don't need any sort of permit to buy or own a gun. (There is the Handgun Safety Card, which is issued upon taking a short written test on how not to shoot yourself, and paying a "fee" to the state, valid for 5 years. This does not, however, involve any sort of background check or other "approval" process.)

Long guns, like the shotgun in question, are not even registered. They're just transferred with a 4473.

Whatever opinion I may have of California's gun laws, there isn't any sort of "licensing" requirement to purchase any regular firearm, like there is in some other states (FOID in IL, Permit to Carry in NY or MA, purchase permits in NJ, etc.).

http://crime.about.com/od/gunlawsbystate/p/gunlaws_ca.htm
 
^ lots of if's and's or but's could be applied to this one. If the gun was owned legally before registration was mandated, thats one story. If the gun was acquired after mandatory handgun registration in CA, its a crime and sentence enhancement. Felon in possession is usually a big no no. Felon in possession of unregistered pistol (assumed based on article) = not good in this gentlemans case.
 
What exactly is that requirement.

When you buy a gun in California, the forms are the same, whether you buy a handgun or a long gun, but with a handgun, the serial number is kept on file.

If you move into California, you're supposed to register any handguns so they're added to the database. The only punishment I know of is that, if you violate other laws concerning carrying the gun concealed, and the gun isn't in the database, the charge is enhanced.
 
I blame the state for the poor decision on the shooters part. As law abiding as I am I know that I have to shoot someone in self defense, I'll have a few seconds of wondering if it would be best to take off since CA USUALLY hangs the good guy.
 
He stopped shooting too soon or the shotgun wielding perp would not have been "injured".
 
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