(IN) Homeowner defends himself, kills intruder

[Drizzt]

Homicide justified according to police

Posted: 02/16/2005 03:35 pm
Last Updated: 02/16/2005 03:41 pm

Story filed by NewsCenter16 Reporter
Robert Borrelli

Mishawaka, IN - An intruder was shot and killed Wednesday morning by the 84-year-old homeowner.

Over the past several years, the home of Bob Birtwhistle has been broken-into before. The intruder was never caught but on Wednesday, Birtwhistle says he took care of the problem himself.

"And I hear that dude just a raisin' hell trying to get in here, and I got this pretty dang well protected," said Birtwhistle.

Having his house on Third Street in Mishawaka broken into before and been beaten, Bob grabbed his gun when he heard the intruder.

"I fired that shot to let him know I was armed and it didn't make a bit of difference, he still kept coming in," explained Birtwhistle.

Birtwhistle fired again but 40-year-old James Rosebush kept coming, and wrestled the elderly man to the floor.

"My gun was in my hand, down in under. He grabbed that gun out of my hand and was trying to get it in position to shoot me. And, I was ready to give up. But before he could do that, he just relaxed," said Birtwhistle.

Investigators with the St. Joseph County Metro Homicide Unit and the County Prosecutor's Office say the shooting was justified.

Birtwhistle's neighbors agree.

"He just didn't want to get hurt anymore. He'd been beaten up several times and he just got tired of it," said Daniel Keiling.

After being beaten and robbed several times before, the senior citizen, who doesn't like guns, took care of himself.

"I done what I had to do, that's all. And I don't feel guilty about it, spiritually."

Birtwhistle says what happened early Wednesday morning was, "the hardest thing he's done in his life," but the retired electrician says he doesn't feel guilty about defending himself.

http://www.wndu.com/news/022005/news_40371.php

 

[Werewolf]

"I done what I had to do, that's all. And I don't feel guilty about it, spiritually."

Great Attitude.

No one should ever feel guilty, lose a second of sleep or shed a single tear over the justified dispatch of an evil doer.

 

[El Tejon]

Elderly Hoosier who doesn't like guns? Hmmm, must be from out East?

Lesson learned: warning shots endanger others and yourself! (Oh, and don't mess with oldsters).

 

[Drizzt]

84-year-old kills intruder; charges are not expected
By ADAM JACKSON
Tribune Staff Writer

MISHAWAKA -- Like many homes on his block, Robert Birtwhistle's is a two-story frame house, with faux-brick siding and a small front porch.

Yet, modest as it is, it's the place he's called home for all of his 84 years. And early Wednesday morning, he proved he was ready to defend his home -- with deadly force.

Birtwhistle called police to his home shortly after 1 a.m. to report that he had shot 40-year-old James Rosebush as the younger man apparently was attempting to force open the front door of his home. Rosebush, who lived just blocks away at 735 Lincoln Way E., died of his injuries at the scene.

"It was going to be either him or me," Birtwhistle said Wednesday. "I told him that if he didn't stop, he was going to get what was coming."

According to a report from the St. Joseph County Metro Homicide Unit, which is investigating the case, Birtwhistle was awakened in his first-floor bedroom by the sound of someone trying to kick down his front door.

At that point, the octogenarian retrieved the loaded revolver he kept in his bedroom and went to investigate the situation.

"He was trying to kick the front door in," Birtwhistle said. "I warned him not to, but he kept trying."

According to investigators, Rosebush eventually was able to break the door loose, prompting Birtwhistle to fire at least one shot through the door. The shot mortally wounded the assailant, who fell onto the homeowner and knocked him to the floor.

The alleged attacker soon died. At that point, the homeowner called 911 to report the incident. Initially, responding officers took the homeowner into custody for questioning, a procedure that he said he didn't particularly enjoy.

"Ever been in the back of one of those squad cars?" he asked. "There's no room for anything back there."

After questioning, Birtwhistle was released to his home. Although St. Joseph County Chief Deputy Prosecutor Frank Schaffer did not immediately return a phone call seeking comment, a statement released by police indicated that charges will likely not be filed in conjunction with the incident.

"The information gathered at this time indicates the shooting is justified," the release stated.

What could have caused Rosebush to be there? That remains unclear, but Birtwhistle is no stranger to break-ins. Within the last two years, Mishawaka police records indicate that his home has had break-ins or robberies on at least three occasions.

That includes an incident on Jan. 22, 2004, in which an unidentified man tricked Birtwhistle into opening his door, then put him in a headlock and robbed him. That incident prompted the mayor to issue a warning to the city's elderly residents to be aware and led to Birtwhistle -- and his anger -- being featured on the front page of The Tribune.

No one was arrested in those incidents, but Birtwhistle said he believes Rosebush may have been involved.

Mike Samp, chief of the investigative division of the Mishawaka Police Department, said that although none of the prior incidents have been linked to Rosebush, his involvement is not out of the question. And although Birtwhistle's neighborhood is no more prone to break-ins than anywhere else in town, he said the victim may have been targeted because of his age.

"Sometimes, people will be driving around, and they'll see an elderly person and think they are an easy target," Samp said.

But Rosebush's record doesn't show a predilection for home invasions. Since 1998, he has been arrested three times: once for criminal conversion, once for false informing and once for driving under the influence.

Birtwhistle said he kept his pistol for one reason: protection.

"My dad always told me that a revolver is for shooting a person and a gun is for shooting a thing," he said.

Wednesday morning after the shooting, Birtwhistle was relaxing at home, trying to calm down after the events of the early morning. When asked if shooting Rosebush bothered him, he said his actions could only be judged by his maker.

"My boss is not a mortal," Birtwhistle said. "I only have to answer to Him."

Is he worried about future break-ins? Not very much.

"At my age, I only have about 10 or 20 years left to worry about anything," he said. "And I know there's one (person) I don't have to worry about anymore."

http://www.southbendtribune.com/stories/thisday/local.20050217-sbt-LOCL-A1-84_year_old_kills_in.sto

 

[Chipperman]

"At my age, I only have about 10 or 20 years left to worry about anything," he said. "And I know there's one (person) I don't have to worry about anymore."



Woo-Hoo!!
Somebody buy that old bird a beer!