(IL) Homeowner won't be charged with shooting burglar 01-01-04

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WAGCEVP

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(IL) Homeowner won't be charged with shooting burglar 01-01-04


http://www.nbc5.com/news/2736699/detail.html?z=dp&dpswid=2265994&dppid=65172

Wilmette Homeowner Won't Be charged For Violating Gun Ban
Authorities Say Man Acted In Self-Defense
POSTED: 8:47 AM CST January 1, 2004

WILMETTE, Ill. -- Wilmette police say a homeowner who shot an intruder
during a break-in will not be charged with violating the affluent
Chicago suburb's handgun ban.

Authorities said Hale DeMar acted in self-defense when he shot a man
during a confrontation in his kitchen.

Morio Billings, 31, of Chicago, was charged with residential burglary
and possession of a stolen vehicle. Police arrested him when he sought
treatment for two gunshot wounds at a nearby hospital.
 
No such luck!

http://www.suntimes.com/output/news/cst-nws-wilmette09.html

Mr. DeMar has been arrested. The town's police chief has these words of wisdom: "Wilmette homes are much safer without a handgun, even if this situation...last week was replicated."

Nothing like an idiot Police Chief whose force can't protect his community mouthing off about an American protecting his own home, family and life.
 
Gun free town sends a message to criminals

[Burglar thought he had easy pickings in the "gun-free" town of
Wilmette. Message sent by charging homeowner is that burglars don't have
to worry about resistance from residents.]


Quote: "The people I've talked to in Wilmette like this ordinance and support it." pioneer press ........

I think I'd have to move and let the sheep and criminals have that town!!!!!

---------------------------------------------------------------------------
News - Wilmette Life
Address:http://www.pioneerlocal.com/cgi-bin/ppo-story/localnews/current/wi/01-08-04-197545.html
Jan. 8, 2004

Homeowner to face gun charges
BY KEN GOZE
STAFF WRITER

A Wilmette homeowner who shot and wounded an intruder succeeded in
driving the burglar out of his house and may have ended a series of cat
burglaries on the village's east side, but this week he faces weapons
charges that include a local ordinance banning handgun possession.

The incident also could lead village trustees to revisit an issue which
has received relatively little attention since board members passed the
handgun ban nearly 15 years ago in the wake of the Laurie Dann school
shootings.

Morio L. Billings, 31, was hospitalized at St. Francis Hospital in
Evanston Dec. 29, after he fled the Linden Avenue neighborhood with two
bullet wounds and a stolen sport utility vehicle police said he had
stolen from the same house the night before.

After a Tuesday bond hearing, he was transferred to Cook County Jail,
where he was held on a $3 million bond charged with two counts of
residential burglary and one count of possession of a stolen motor
vehicle.

The homeowner and victim of the break-in, 54-year-old Hale DeMar, will
not face charges in the shooting, which prosecutors determined was
justified.

But police on Tuesday said they planned to charge him with failing to
have a current Firearm Owners Identification Card, a misdemeanor, and
with violating Wilmette's 1989 handgun ordinance, which carries a fine
of up to $750 and permanent loss of the weapons. He is to appear in
court on both charges Feb. 6.

Police said they confiscated the .38-caliber revolver used in the
shooting as well as a .380 automatic pistol from the home. They said
DeMar had a FOID card but that it expired in 1988.

Although statements in the days after the incident seemed to indicate
that police might not press the ordinance issue in the case, police said
they were not wavering on the issue but waiting for facts and dealing
with the more immediate issues surrounding the burglary suspect.

"It was not due to indecision but a desire to have complete information
before coming to conclusions. Our strategy was to address the forcible
felony charges first," said Police Chief George Carpenter.

Burglary history

Police said Billings has an extensive criminal history and came to the
Chicago area from Coon Rapids, Minn. On the night before the shooting,
he entered DeMar's house near the Bahai Temple by reaching through a dog
door to open a deadbolt lock. At that time, police said he took a small
television and a set of keys to the house and a BMV sports utility
vehicle, which he used to flee the area.

When DeMar discovered and reported that crime early the next day, he was
not able to get the locks changed and had his 8-year-old daughter and
10-year-old son stay in his upstairs room.

Shortly before 10:30 p.m., police said, Billings returned to the home,
apparently seeking a computer monitor he believed to be a high-end flat
screen television. When he used the stolen keys to open a kitchen door,
DeMar was alerted by an alarm panel near his bedroom and went downstairs
armed with the revolver.

He found himself across from a man masked with a hat and bandana.
Instead of leaving through the nearby door, police said Billings ran
farther into the house in a circuitous motion.

At that point DeMar fired four of the six bullets in the gun. Billings
was struck twice, once in the shoulder and once in the leg. After
crashing through a window and running back to the stolen SUV, he drove
through a yard and knocked down two fences to escape.

Wilmette police found Billings shortly after that when St. Francis
Hospital reported the arrival of a man seeking treatment for gunshot
wounds.
Billings' injuries were not considered life-threatening, but the bullet
that struck his shoulder caused extensive damage lower in his arm.

Since mid-October, police have been investigating a pattern of cat
burglaries in the area, break-ins or attempts by someone who knows or
believes the home to be occupied at the time.

Shooter reacts

DeMar, who owns the Oak Tree Restaurant in Chicago, said he could not
comment on specifics of the case but said he is not someone who wanted a
confrontation.

"I don't think I acted any differently than a lot of people would have
with two small children in the house. I'm a strong believer in the
Second Amendment. I'm not a criminal, I'm a 55-year-old businessman,"
DeMar said.

"I think it's strange you're allowed to have a shotgun or semi-automatic
rifle, but those aren't things you'd reach for when somebody breaks in,"
he said. "Those aren't things I'd have in the house."

Legal aspects aside, Carpenter said keeping handguns in a home and
confronting intruders is a dangerous gamble.

"We want to give good information to Wilmette residents about what we
advise them to do if they ever find themselves in this situation. Lock
the bedroom door and call 911. Protect yourselves and your children
first," Carpenter said.

By confronting a burglar, homeowners take the risk of being overpowered
or surprised by more than one intruder or by someone who is better
armed, faster or just lucky.

Handgun dangers

The homeowner can end up wounded or killed in a struggle over their own
weapon, Carpenter warned. Out of confusion and fear, some people trying
to defend their home have accidentally shot their own family members
returning late at night.

"These things go wrong in so many ways," Carpenter said.

Beyond the immediate danger of a struggle, Carpenter said a handgun in
the home can facilitate suicides, accidental shootings and can turn
domestic arguments into homicides.

The choice of burglary alarm also affects the outcome of incidents such
as this one, Carpenter said.

The alarm notified DeMar of the intrusion, but a loud audible alarm
usually sends burglars running. As with many home systems, the alarm
goes first to a remote monitoring center before police are notified.

That delay can run as long as 10 minutes and in this case gave Billings
enough time to get into a confrontation, run back to a stolen vehicle
and begin his escape before police learned there was a problem. Some
systems notify the Police Department directly.

It's not clear whether the incident will lead to calls to change or
repeal the handgun ordinance, but it is possible that trustees will
review the law or seek to remind people that it's still on the books and
being enforced.

Wilmette is one of a few suburbs to enact local handgun bans, including
Morton Grove and Oak Park.

Village President Nancy Canafax said the law had been considered before
the 1988 Winnetka school shootings, but that incident helped overcome
opposition to the ban and it seems to still enjoy broad support. It has
not been scheduled for discussion at a meeting but could come up in
trustee discussions or public input.

"I've gotten some e-mail from people saying it's a horrible thing and
it's unconstitutional, but I don't think any of them were from
Wilmette," Canafax said.
"The people I've talked to in Wilmette like this ordinance and support
it."
pioneer press
 
The difference between pro delf defense crowd and the anti self defense crowd

In Kennesaw Georgia, if you do NOT want to own a self defense weapon you are a conscientious objector, NOT a criminal !

In Illionois (the three towns that DO have a gun ban ordinance!), if you wish TO own a self defense weapon, you are a CRIMINAL , NOT a conscientius objector!


SMART criminals stay away from Kennesaw Georgia because they do NOT know is armed.

Criminals LOVE Illionois because they know all residents are UNARMED VICTIMS!
 
Last edited:
All of Illinois is NOT a Victim Disarmament Zone

WAGCEVP said;
Criminals LOVE Illionois because they know all residents are UNARMED VICTIMS!

That simply is not true. DeMar violated a Village Ordnance by having a handgun not a state law. State law permits the possession of a handgun and even allows you to carry it in your home or on your own land.

(720 ILCS 5/24‑1.6)
Sec. 24‑1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm;

This violation of a municpal ordinance is about as serious as being cited for having a barking dog or burning leaves in the Fall. Not having a valid FOID card is the more serious of the charges. It is a state charge and DeMar can actually get some jail time out of it. Technically he could get some jail time on the ordinance violation, but I doubt that Willmette wants to pay for it. Perhaps we can now use DeMar as a case to get a state pre-emption law.

All of Illinois is not like Chicagoland. A year ago down here a trucking company owner shot two people who we fleeing after he caught them stealing anhydrous. No charges were filed. It definately wouldn't have been a legal shooting by the law in Illinois or most other places. But the States Attorney wanted to send a message and no charges were filed.

We have our problems with the FOID card, antigun governors and the whole Chicago mess, yet as a gunowner I have more rights then I would if I lived in California, New York, Massachusets, Maryland, New Jersey or DC.

The people of Illinois are not disarmed in most of the state.

Jeff
 
i'm fully aware of that , jeff, i was talking about the 3 towns in ILL that DO have a gun ban ordinance..

The difference stands and is quite true as you can see. NOBODY has EVER been arrested for NOT owning a gun in Kennesaw, Georgia! Nor will they ever be!

compare the crime stats too if you wish :)
smart criminals - term used loosely :)
 
[CC NEWS] Wilmette Gun Ordinance Meeting and Police Chief's Real EMAIL Address

From: "John" <john@c...>
Date: Sat Jan 10, 2004 2:52 am
Subject: [CC NEWS] Wilmette Gun Ordinance Meeting and Police Chief's Real EMAIL Address



PLEASE FORWARD THIS INFO AS APPROPRIATE

I sent email to gcarpenter@w... and it has not been bounced back.
Therefore this looks to be Wilmette PD Chief George Carpenter's direct email
address. I'd still CC email to the generic police@w... address as
I'm not sure I have cracked his real email or not. But if I have....He's
going to get one heap a lot of email if you guys pass this around some! I'm
sure the chief wants to hear from us since he was so quick to yap to the
press about the virtues of victim disarmament. Keep your email on topic,
short and polite.

**********************************

On Tuesday, January 13th, 2004 at 7:30pm you will get a chance to hear
Wilmette Police Chief George Carpenter publicly explain his views on why
victims of crime should be disarmed. We need to be there.

Why? Well here is a quote from this hard charging crime fighter who knows
better than the rest of us:

"The outcome of the matter in this case was very fortunate for the
homeowner," he said. "We much prefer, for the safety of the home, that a
resident who finds himself in this situation immediately lock the door of
the room he's in and dial 911." SOURCE: Chicago Tribune

Full info on this meeting is at: <http://www.wilmette.com/admin/agenda.pdf>
http://www.wilmette.com/admin/agenda.pdf

I plan to be there.

I also hear Jay Marvin from WLS will attend. Also I just heard from Tribune
Reporter Lisa Black that the Tribune will be covering this. Suffice to say
the more gun rights advocates who show up the bigger the three ring circus.

I am wondering if any of you plan to attend? Does anyone know a good meeting
spot before the meeting? I don't know anything about Wilmette except for
their goofy gun control law.

I can tell you this, nothing agitates guys like Chief Carpenter more than
gun owners congregating in groups. He's more afraid of gun owners than
criminals for some reason. I surely hope we can give him the message that he
may be trumpeting the liberal party line, but to me he's just another cop
who thinks their should be one law for cops and another for victims.

It has been suggested by Concealed Carry, Inc. Associate Blogger that we
wear our Fanny Packs....sounds good to me.

Let me know if you are coming so I can tell you where we will meet first and
all that. If anyone is an expert on Wilmette please be in touch!

FINAL NOTE: Hope this meeting room has a lot of seats!

PLEASE FORWARD THIS MEETING INFO AS APPROPRIATE



John Birch
President
Concealed Carry, Inc.
PO BOX 4597
OAK BROOK IL 60522-4597
Tel: 630 660-3935 Fax: 815 327-1152
Web: www.concealcarry.org
MOLON LABE - COME AND GET THEM
 
The homeowner can end up wounded or killed in a struggle over their own
weapon, Carpenter warned. Out of confusion and fear, some people trying
to defend their home have accidentally shot their own family members
returning late at night.

"These things go wrong in so many ways," Carpenter said.

Beyond the immediate danger of a struggle, Carpenter said a handgun in
the home can facilitate suicides, accidental shootings and can turn
domestic arguments into homicides.

He's right, and because we care about the police I think we need to disarm them to and give peace a chance.

:D

What rubbish - Love when they quote the "dangers" and no stats.

Now if we did look at the stats, we'd outlaw bathtubs first . . . .
 
He's right, and because we care about the police I think we need to disarm them to and give peace a chance.
I agree. Replace their guns with a bouquet of daisies. To stop immenent threats, just pass out a flower. It will heal the violent hearts.
 
I agree the home owner should not have used a hand gun to shoot the BG.He should have used a 12 gauge loaded with 000 buck shot. Then Mr Billings would need the services of an undertaker instead of a doctor.
 
http://www.suntimes.com/output/news/cst-nws-letter22.html


Gun owner: I, not cops, got bad guy
January 22, 2004






Three days after Christmas, someone broke into the DeMar family home in Wilmette through a dog door, stealing a television, an SUV and the keys to the home.

The next night, Hale DeMar was prepared for a return visit. With his children upstairs, DeMar, 54, shot burglar Morio Billings, 31, in the shoulder and calf, police said.

Billings was caught at a nearby hospital and charged with felony residential burglary and possession of a stolen car, authorities said.

And, in a move that has drawn criticism, DeMar was cited with breaking Wilmette's ban on handguns and with failing to update his firearm owner's identification card.

The misdemeanors are unlikely to bring jail time. Wilmette Police Chief George Carpenter did not criticize DeMar for protecting his family but said homes are safer without handguns.

DeMar, in a letter sent to the Chicago Sun-Times, is now speaking out:

Village Trustees ... Stick to Parade Schedules & Planting our Parks

Many of us have experienced a sense of violation upon returning to our homes, only to find that someone else has been there. Someone else has trespassed in our bedrooms, looting and stealing that which is readily replaced. Many of us, still haunted by that violation, will never again have a sense of security in our own homes. Few, however, have awakened to realize that they had been violated as they slept in their beds, doors locked, as family dogs patrolled their homes. For me, the seconds until I found my children still safely tucked in their beds were horrifying. The thought that a young child may have been hurt or abducted was incomprehensible.

The police were called and in routine fashion they came, took the report and with little concern left, promising to increase surveillance. Little comfort, since the invader now had keys to our home and our automobiles. The police informed me that this was not an uncommon event in east Wilmette and offered their condolences.

What is one to do when a criminal proceeds, undeterred by a 90-pound German shepherd, an alarm system and a property ... lit up like an outdoor stadium? And now, he had my house keys and an inventory of things he'd like to call his own. Would the police patrol my dead-end street as effectively the second time as they had the first? Would my small children be unharmed the next time? Would the career criminal be satisfied with another automobile, another television or would he feel the need, once again, to climb the staircase up to the bedrooms, perhaps for a watch or a ring or a wallet, again risking little?

Would my children wake to find a masked figure, clad in black, in their bedroom doorway, a vision that might haunt them for years? Would the police come again and fill out yet another report, and at what point should I feel comfortable that the 'bad guy' got everything he wanted and wouldn't return again, a third time?

I went to the safe where my licensed and registered gun was kept, loaded it for the very first time and tucked it under the mattress of my bed. I assured my frightened children ''that daddy would deal with the bad guy ... if he ever returned.'' Little did I imagine that this brazen animal was waiting in the backyard bushes as I tucked my children into bed.

Fifteen minutes after bedtime, the alarm went off. Three minutes after the alarm was triggered, the alarm company alerted the police to the situation and 10 minutes later the first police car pulled up to my home, but only after another call was made to 911, by a trembling, half-naked father. I suppose some would have grabbed their children and cowered in their bedroom for 13 minutes, praying that the police would get there in time to stop the criminal from climbing the stairs and confronting the family in their bedroom, dreading the sound of a bedroom door being kicked in. That's not the fear I wanted my children to experience, nor is it the cowardly act that I want my children to remember me by.

Until you are shocked by a piercing alarm in the middle of the night and met in your kitchen by a masked invader as your children shudder in their beds, until you confront that very real nightmare, please don't suggest that some village trustee knows better and he/she can effectively task the police to protect your family from the miscreants that this society has produced.

This career criminal had been arrested thirty times. He was wanted in Georgia and for parole violations in Minnesota. How many family homes had he violated, how many innocent lives were affected, how many police reports went into some back office file cabinet, only to become some abstract statistic? How is it that rabid animals like this are free to roam the streets, violating our homes and threatening the safety of our children?

If my actions have spared only one family from the distress and trauma that this habitual criminal has caused hundreds of others, then I have served my civic duty and taken one evil creature off of our streets, something that our impotent criminal justice system had failed to do, despite some thirty odd arrests, plea bargains and suspended sentences.

Hale DeMar, Wilmette
_________________

This guy is my hero!
 
It's a very good letter, but we don't help our cause when we stoop tto the same disinformation tactics the other side uses.

I went to the safe where my licensed and registered gun was kept, loaded it for the very first time and tucked it under the mattress of my bed. I assured my frightened children ''that daddy would deal with the bad guy ... if he ever returned.'' Little did I imagine that this brazen animal was waiting in the backyard bushes as I tucked my children into bed.

Who was his licensed and registered gun licensed and registered with? If he's referring to the Illinois FOID as being a licence, then he's wrong, because his FOID was expired. There is no registration requirement in Illinois. So if his gun was registered, it must have been registered with the Village of Wilmette. I don't know if they have a Village ordinance requiring guns to be registered, but if they do and in fact his gun was registered and legal, how can they charge him with illegally possessing it?

Jeff
 
loaded it for the very first time ...

Wow. If that was his first time shooting in that kind of situation with that gun then he is good.

However, some 3" mag-powered #00 coursing through the criminal's chest cavity would have been preferable.
 
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