A man who heard banging outside his apartment confronted three suspected burglars and scared them off by firing a pistol, police said today. Officers arrested two of them a short while later.I doubt the DA will file charges because he's got to know that the only way he could get a conviction is to bully the homeowner into a plea bargain. No jury is going to convict this guy for firing a gun to protect his home - even in California. The fact the police feel it necessary to pursue charges just shows what's wrong with California gun laws. Gun owners are guilty until proven innocent.
Police said the incident happened just before 10 p.m. Sunday near West Washington Street and Key Avenue.
The resident told police he confronted three men outside his apartment building and as they advanced on him, he retreated and fired a semi-automatic pistol into the ground.
The men backed off but stayed in the area. Police responding to the possible burglary report captured two of the men about two blocks away: Lamberto Godina, 18, of Ripon and Jose Mendoza, 19, of Salida.
They were booked into the San Joaquin County Jail on charges of assault, trespassing, and creating a disturbance.
Officers are trying to locate the third suspect. All three are documented members of the Norteño street gang.
The police department will ask the San Joaquin County District Attorney’s Office to review the case for possible charges against the victim for discharging a firearm within city limits, under the suspicion that the victim needlessly escalated the situation, police said.
Police are not releasing his identity because he fears for his safety.
In Texas the homeowner would have been fully justified not only to fire his weapon, but fire it at the people trespassing on his property regardless of their motivation for doing so. Property rights mean something there.
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