New York Home Invasion Stop by Loaded Gun

Bob Irwin dissects the latest self defense and other shootings of the week. What went wrong, what went right and what we can learn from defense with a gun.

Bob Irwin
Bob Irwin

Las Vegas, NV –-( WGRZ-TV 2 reported last month (4/25/2016), a homeowner in Fredonia, New York, a homeowner was awakened by a man and woman inside his closed porch pounding on his door at 2 in the morning.

The man went to the door with his legally-owned handgun as the two suspects push their way in. He found himself face to face with a pair of home intruders.

The three exchanged words inside the home as the homeowner repeatedly old the pair to leave while holding his gun on them. The intruders wisely chose to withdraw.

As the male and female suspects attempted to leave in a car, the homeowner went out onto his front steps to try and get vehicle information. Seeing that, the male intruder jumped out of the driver’s seat, yelled some threats and charged the homeowner.

The homeowner fired several shots, hitting the now aggressive intruder. The intruder then got back into the vehicle and drove off. The homeowner called 911 and Officers stopped the vehicle a short time later. The suspect who was shot was transported to Erie County Medical Center.

He is being charged with second-degree criminal trespass.

Update on 5/5; The homeowner who shot at home intruders will not face charges says Chautauqua County D. A. Patrick E. Swanson. “It is the position of my office that the homeowner….. did not operate outside the confines of the law….firing three rounds from a .45-caliber, properly licensed handgun.”

“It is the position of this office that the homeowner not only acted within the law, but also with discretion, as they shot only at the legs of the subject hit. While any self-defense class would teach otherwise, the homeowner probably spared a life when taking action in that manner.”


A District Attorney declines to charge the homeowner. This would be a very close case in more urban, anti-gun parts of New York. The D.A.’s comment that all instructors teach center mass shooting under these stressful conditions is certainly correct. Happily a clear thinking D.A. got the case!

It could have been wiser to just call 911 without trying to “get the plate number”. One of my client’s years ago did this same thing, following another to get the license number. In his case, a gun fight ensued. The court viewed it as a separate conflict with my client as the aggressor, resulting in some prison time.

That’s why in these case comments, I often harp on “Let the police handle it if possible”! Experience tells me a great many unexpected things can happen after the event.

Bob Irwin, The Gun Store, Las Vegas

About Bob Irwin

The writer is the owner of The Gun Store in Las Vegas and has a gun talk radio show “Fired Up with Bob Irwin” Firedup is now on KSHP 1400 am radio from 5 to 6 pm on Thursdays and at the same time also on YouTube “Fired Up with Bob Irwin“.