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Arlington burglary victim accused of murdering burglar

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by ROB PIERCY / KING 5 News and KING5.com Staff

Posted on November 19, 2009 at 10:36 AM

Updated Thursday, Nov 19 at 6:09 PM

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Burglary suspect murder
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ARLINGTON, Wash. – Snohomish County sheriff's detectives say a burglary victim is now a murder suspect after allegedly killing the burglar, hours after the crime.

Keira Earhart, 38, appeared in court Thursday on investigation of second-degree murder.

It all started Monday at Earhart's home in the 22800 block of 37th Avenue Northeast in Arlington.

"He saw the suspect running out of his house and he called 911 to report that," said Snohomish County Sheriff's spokesperson Rebecca Hover.

A couple hours later, a half-mile down the road, Earhart spotted the same man hiding in a ditch. A neighbor said Earhart had a gun and yelled for the burglar to stop. As the burglar took off towards the woods, Earhart allegedly fired, what he would later tell the neighbor, were two warning shots.

Whether Earhart knew it, the suspect was hit in the back.

On Wednesday, a neighbor called 911 to report finding a body in a small creek on his property in the 23400 block of 35th Avenue Northeast. The body was that of a 25-year-old Snohomish County man. Detectives say the Snohomish County Medical Examiner found items on the man consistent with what had been reported stolen on Monday.

"I think everyone understands self-defense and, if you are in imminent danger, if your safety is at risk, that's one thing," said Hover.

But in this case, a half-mile from his home and the burglar running away, investigators say this was not self defense. Wednesday night, they arrested Earhart on suspicion of second-degree murder.

Earhart is being held on $1 million bail.

Earhart has spent hours volunteering for the group Kids Kloset, which gives out free school clothes. Over the past couple of years, he's been the group's secretary.

"When it comes to children, I don't think anyone has a bigger heart for kids than Keira does," said Linda Dussault, co-director of Kids Kloset.
 

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billiameveryman said on November 19, 2009 at 10:54 AM

Hmmm... If the burglar had not decided to burgle, he would still be alive and the homeowner would not be facing serious legal trouble... I guess this is a good reason to shoot first so at least your shots hit the POS trying to rob you in the front...

blankingout said on November 19, 2009 at 11:02 AM

Though this gets into gray area, here is some evidence the homeowner was acting in self-defense: The burglar returned to the area after the police left! Somehow criminals are good at the disappear when police come, come back after they leave, disappear again, comeback again,... And why second degree murder? The homeowner couldn't have said to himself premeditated, "ok I am aggravated and can read minds, he is going to return in a few hours and then I am going to show him my intent to do harm." Even his statement, though possibly told to say, shows the firing of his weapon for warning shots is not a statement that fits murder.

vonbird said on November 19, 2009 at 11:12 AM

The law does not allow using lethal force in the defense of property.

camanojoe said on November 19, 2009 at 11:36 AM

Regardless of your position on this issue you can bet that the number of burglaries will temporarily decline in the area. There is a strong message here of the possible consequences that face a would-be-thief if he's dumb enough to break into a person's home.

tycho said on November 19, 2009 at 12:04 PM

Yeah, I don't think a criminal deserves any rights period. As for the homeowner, I'd do the exact same thing (react to the criminal's initial action, which shouldn't be considered a crime), and by the way, I think there's way too many loopholes for career criminals to use, they already should know the risks involved, I say: Good riddance to the SOB, may he burn in hell, for eternity. I suffered a stroke because a criminal robbed me while I was home, hit me at the base of the neck, knocking me out and continued to take things. I believe in the laws, but in this instance, it's totally wrong. And to law enforcement: Leave the homeowner alone! He helped society, by doing YOUR job. You guys make example of citizens, like the home owner, because it's embarrassing to law enforcement, when a common citizen does your job for you. Criminality is job security to law enforcement, so, going through the process of elimination, law enforcement WANTS crime to happen!

graham said on November 19, 2009 at 12:31 PM

Good for the victim. More people should do that when some low life dirt bag takes your stuff, all the court system does is give them a slap on the wrist

skippythedog said on November 19, 2009 at 12:40 PM

Well for Gods sakes detectives....Help him fabricate a story about self defense that will get him off the hook....C'mon, I know you know how.....

truthdector said on November 19, 2009 at 12:41 PM

Now all the criminals will flock to Washington state to rob home not that the president is set and the news is out that Washington protects burglars and locks up home owners so all the home owners will be too afraid to protect themselves and now are like inbreeds born to be sheep for the slaughter.

coffee said on November 19, 2009 at 12:59 PM

I didn't realized their were so many bleeding hearts out there! So, you wouldn't defend your property/your life? No wonder all these criminals have rights! I do not feel bad for the low life. He burglarized someone's house! He shouldn't have been there in the first place! Now, he paid the ultimate price. I hope the homeowner gets off.

whawha said on November 19, 2009 at 1:12 PM

All you have to do is say "Officer, I felt that my life (or the lives of my family) were in danger." Washington State also has a Castle Doctrine, it gives us the right to use dedly force if someone is entering our home.

anonymous8822110 said on November 19, 2009 at 1:20 PM

does anyone else find this case a little fishy. hello.. the guy shot him AS HE WAS RUNNING TO THE WOODS! Than he lied by omission to the police. He knew he had shot the guy and did nothing about it. Maybe if the homeowner would have told the police he had shot him, they could have saved him and than he would have stood trial, just like every other person in this country has the right to! Instead the homeowner took the law into his own hand. Also, if you look at where his house is and where the body was found, the homeowner obviously was no longer in immediate danger. If the detectives are saying he was no longer acting in self defense, and they have the evidence to back that up, he deserves to stand trial for murder. In no way do I feel it is ok to burglarize a home, but in no way do I feel it is ok to take someones life over some jewelry. That is why we have an established system for criminals.

rohatoh said on November 19, 2009 at 1:40 PM

I live right down the road. There have been SO many robberies around here. My neighbor has been robbed so many times...twice while he was asleep inside. He has security & the robbers just cut the phone line. I always fear I am next. I am a stay at home mom so i am vurnable. I also have many guns and would also shoot the sh*t out of anyone trying to come inside my house! I hope that this shooting stops the robbing around here. It used to be a great place to live...i blame the nasty casino down the road attracting P.O.S. people. Does anyone know who the shooter is? I hope that all charges get dropped. The punk a** kid shouldnt be robbing people. Get a job looser! I dont understand our laws sometimes....shoot a burglar go to jail...hmmm? LIke its their fault someone is robbing them.

rohatoh said on November 19, 2009 at 1:46 PM

a reply to anonymous8822110 Im sure his body was found in the field because he ran that direction and died. I doubt the shooter chased him down and exectued him there.

anonymous8822110 said on November 19, 2009 at 1:54 PM

i didn't say he chased him down and executed him, i said that he was not in danger. i have no doubt that if the guys had just shown him the gun, the man would have ran away, since there is no mention that the burglar had a weapon. if the burgular had pulled a weapon on him, i could see shooting him, but he didn't.

logic14 said on November 19, 2009 at 2:03 PM

The victim is a victim a second time by this liberal state. Buglars should be shot whether or not the homeowner is in jeopardy. We work hard for our property and there is no punishment if the suspect is actually caught. Maybe if more ended up shot, less would burglarize homes and cars!

logic14 said on November 19, 2009 at 2:20 PM

I have an idea for the bleeding hearts, let's pass a law forbidding dead bolt locks or any locks for that matter. Think of how much safer it would be for criminals. They wouldn't risk cutting their hands on broken glass or twisting an ankle kicking in a door. The democrats get to buglarize our paychecks so why not let their children steal our property. God knows they aren't home to watch them! Police have so many restictions on them we don't have to worry about keeping them out of the homes.

billiameveryman said on November 19, 2009 at 2:21 PM

Hey anonymous, next time you find a burglar in your home "show him your gun" my bet is he will take it from your limp liberal hand and kill you with it... This type of thinking is why liberals always talk about guns being used against their own owners... You don't pull a gun to make a point (or stop something from happening just by waving it like a magic-crime-fighting-wand) you pull a gun to kill somebody before they kill you...

yogibear said on November 19, 2009 at 2:26 PM

I hope this gets out to other robbers. You get what you get

rohatoh said on November 19, 2009 at 2:28 PM

LOL!!!!!!!!!!!!!!!!!!

seattle2009 said on November 19, 2009 at 2:32 PM

Shoot him, drag him back to your house, then tell the cops he came back with a knife. No issue using legal force then.

anonymous8822110 said on November 19, 2009 at 2:45 PM

ok... what happens when a cop shows a criminal there gun? the criminal usually surrenders. if not, they shoot him, simple as that! if he fired a "Warning shot" (which usually constitutes as a shot in the air) and the burgular became violent, i would shoot. But obviously this person shot him with out the burgular attacking him! he wasn't in his house when he shot, which obviously means the burgular was already leaving.

homerj said on November 19, 2009 at 2:58 PM

you watch too many movies....a warning shot.....lol....when in my house you lost your warning shot....burgler/my family.....family 1/burgler 0.....game over!!!

homerj said on November 19, 2009 at 3:02 PM

you watch too many movies....a warning shot.....lol....when in my house you lost your warning shot....burgler/my family.....family 1/burgler 0.....game over!!!

sheltiebrat said on November 19, 2009 at 3:17 PM

Hard to feel sorry for someone who steals not only "things", but peace of mind of mind for a family, and makes their home a place of crappy memories. Bleeding hearts who want to give every nasty person another chance don't get that - it is much more than the "things" that are taken. There are many jobs that have danger associated with them, as an everyday hazard - I would have to associate being a petty thief among them. It is just not "work" in the sense of something a person can be proud of. B & E is a very personal, VERY dangerous, and lucrative occupation. Bad stuff happens when you play with fire. However, if the guy offed an acquaintance, called in a burglary, planted jewelry on him, then called again to say the thief was back...It won't be hard to figure that out...the one thing that made me wonder is my husband really has no idea what jewelry I have (and I do not have much), so would not know what to report missing : )

deniseh1006 said on November 19, 2009 at 3:51 PM

The person has to be INSIDE your home, not OUTSIDE your home if you shoot them, and I am not 100% sure, but I think they have to be armed. You CAN protect your home. He should have drug his body back inside his home and grabbed a knife out of the kitchen drawer and say he was armed.

sheltiebrat said on November 19, 2009 at 3:57 PM

Nothing new in this town...thieves know they are safe. Scavengers stealing whatever they can, operating safely because they "know" it is illegal to do anything about it, and the whole state is so shocked when people have just had it. This was in 2008 http://seattletimes.nwsource.com/html/theblotter/2010171937_seattle_man_sentenced_for_fata.html A North Seattle man who fatally shot a car prowler outside his home in 2008 was sentenced today to nine months, which he will serve out of jail in work release. Douglas Sheets had pleaded guilty earlier this month to second-degree manslaughter in a plea agreement with prosecutors, who recommended the nine-month sentence in return.

vonbird said on November 19, 2009 at 4:17 PM

A bunch of "law abiding citizens" giving advice on how to get away with murder!

kingsolver1000rr said on November 19, 2009 at 4:31 PM

should have shot him when had reason to fear immenent danger for his life- the law is clear- does not matter if the person is in your house or not- stop listening to other peoples stories about the law - You can read the RCW for use of leathal force online @ WA.GOV - RCW 9A.16.050 Homicide by other person when justifiable. If you ever plan to use a firearm for self defence, you should really know how the laws in Washington read- every state is different.

tracer2009 said on November 19, 2009 at 5:28 PM

Shot in the back while fleeing into the woods for stealing STUFF. If the guy had been caught... and eventually he would have... lock him up for a long, long time. But having the homeowner be judge, jury and executioner? I think not. Not a smart move, dude.

amyjeang said on November 19, 2009 at 5:44 PM

This man made the world safer for all of us. If we were tougher on crime in the first place, he would not have had to take justice into his own hands. I understand the law and realize you cannot shoot someone for breaking into your house and stealing your things, but attaching the word murderer to this man's name seems harsh. I can't blame him. It doesn't seem fair that real murderers get cleaned up for court and enter the courtroom wearing suits, while this man (who I do not feel is a danger to society) is presented before the court in a prison striped shirt. These drug addict home robbers just get caught and released. I, for one, am glad there is one less out there. I hope this Keira receives probation and can go on with hsi productive life.

logic14 said on November 19, 2009 at 5:58 PM

Tracer2009 you might want to research sentencing for criminals in this state if you think they would get more that 30 days in jail for a residential burglary. That is IF they are convicted to begin with. A buglar would say he thought it was a friend's house and an ignorant liberal, such as yourself, would be on the jury and let him off. When he got caught a second time the prior history would not be considered. Please look up sentencing in Washington and get a wake up call.

brittanihart05 said on November 19, 2009 at 6:08 PM

2 wrongs don't make a right. Was this man attacking you personally? No so its not self defense. Would he have? maybe, we will never know. BUT to shoot a man in the back while he is running away is murder! Shoot him in the leg and then wait for the cops to come and deal with him. I agree this is a sticky situation. What about that mans family? In the end both people loose.

bigdave55 said on November 19, 2009 at 6:10 PM

[seattle2009 said on November 19, 2009 at 2:32 PM Shoot him, drag him back to your house, then tell the cops he came back with a knife. No issue using legal force then.] This is plain stupid advice and unlawful period. You take this advice and you will be in jail and add on tampering with a crime scene which will be found out! Just to clear up The Use of Deadly Force is authorized when you are in fear of your life or a life of another. While chasing down a running away burglar is legal to do so, but does not authorized deadly force until at such time yes again in fear of your life or that of another. If you are considering or have a firearm for home protection or daily carry, seek professional training.

rsarris said on November 19, 2009 at 6:26 PM

Time to change the wimp laws in this state, anyone breaks into my home I dont care if they make all the way back to their home, I'll kick in the door shove my gun up his #$$ and pull the trigger. Yes you SHOULD be able to kill a person in the defense of you "stuff" the laws in this state are a joke

dakotanative said on November 19, 2009 at 7:20 PM

There is an easy fix to avoid this. Shoot the SOB while he is still on your property. Put a bat in his hands and claim self-defense. Shooting the guy in the back will never get you off though. However, he may get off on the warning shot defense. At best, he may get reckless discharge of a firearm.

ruba61 said on November 19, 2009 at 7:23 PM

I'm just glad the SOB is dead!!! Nice touch he was lying in the creek too!! Take it to trial and i bet at least one juror votes him not guilty!! I hope i'm on the jury because he will be a free man in the end!!

brittanihart05 said on November 19, 2009 at 7:38 PM

HMMM i think if this young man was a person in your family i think you would think different.. Was he wron? Yes. Did he threaten the life of the man that murdered him. NO! Should he have went to jail? YES! Loose his life? NO. I don't think there is any justification in taking someone's life, except when you have a gun pointed at you and going to take yours. NOW that would be SELF DEFENSE!

teufel said on November 19, 2009 at 7:41 PM

To bad that thief stepped in front of those two warning shots.

factoid said on November 19, 2009 at 8:09 PM

I am always on the side of gun owners if they obey the laws. In this case I have to say, while he had every right to stop this guy and protect his property, the use of deadly force is excessive and he should have known better. Hard to make a case for self defense, if you shoot the guy in the back.

homerj said on November 19, 2009 at 8:44 PM

I remember the story of the little old lady that was robbed. The crook was on her roof, fell thru her moon/sun roof got hurt, sued her and won. Now if that ain't F'd up....he wasn't there to help her, yet he wins in court. And with more and more break ins....peeps are fighting back....I hate to see someone killed but when its you or me/family, then you lose....stop babying criminals, they don't want help....if you think you can help them.....go to court, bail 'em out...let them live with you....and you fix 'em.

vonbird said on November 19, 2009 at 9:36 PM

Hate is SO ugly!

charlesh said on November 19, 2009 at 9:38 PM

This was someone’s son struggling with addiction and stealing to get drugs. I don’t excuse his behavior but what he needed was treatment and not to be murdered. It’s interesting the upstanding citizen failed to mention he fired his gun. I thought warning shots were fired into the air and not into the back of someone running away. If he had reported he shot the victim they would have searched for him and perhaps his life could have been saved. It’s ironic the media fails to mention if the victim was armed because I’m sure he wasn’t otherwise the story would have mentioned it. I bet the value of the jewelry taken was perhaps hundreds of dollars at most. To those who believe he got what he deserved that’s the value you place on someone’s life. Upstanding citizens don’t take the law into their own hands. I hope Mr. Earhart is found guilty of the crime he committed because then perhaps people will think twice before murdering someone over jewelry which may have even been insured.

hz6sp6hz6sp6 said on November 19, 2009 at 10:19 PM

Why is it ok for a cop to shoot a person for running while in the commission of a crime but we can't?

anonymous8822110 said on November 19, 2009 at 11:00 PM

pedophiles and murderers are sentenced to spend life in prison, but this person got the death penalty for a crime WAY less heinous. Does that make sense to you?

leekelee2 said on November 19, 2009 at 11:05 PM

I have been robbed..While My husband and I slept in one room, while the room my small child slept in..was entered from. (bedroom window). My initial thoughts were..If I had woken up..I could have stopped it. Later did I realise..I was blessed to not have a confrontation with the burgler. In this case...yes the gentleman is a upstanding citizen..but when angered...we can all make hasty and regretable decisions. I a certain that he too is having those If only I had done it differently moments.....while sitting in the very jail cell that the burgler rightfully should have occupied. I am sorry to hear that such a tragic series of events unfolded..now instead of one victim..there are many. Remember though..that for every action there is a equal or greater reaction....and the fallout from this event will not stop with items randomly taken from a home.. What an Ugly way to have Arlington in the spotlight once again...such a friendly little town.

blankingout said on November 19, 2009 at 11:19 PM

hz "Because they are 'Trained' professionals with 'Training' so advanced us citizens could not possibly understand." ha ha ha. My opinion: Voluntary Manslaughter, 1-2 years in Jail, all rights restored upon... Time served in Jail today should count.

billiameveryman said on November 19, 2009 at 11:49 PM

Didn't take long for the "he just needed help" mantra to begin... He got the help he needed in the form of lead flying his way... SImply put, he would be alive if he had not chosen to burgle... Murder? I think not, and I agree with the man who would not vote to convict him if I was on the jury... You set foot on another man's property with malicious intent, you put your life in his hands... This poor guy might spend some time in jail, that is sad, but the POS lying in the morgue right now has burgled his last piece of jewelry, and the world is a better place without him...

jackwong said on November 20, 2009 at 12:50 AM

F*ck the law, this guy is bada*s! I salute you my man!

rsarris said on November 20, 2009 at 3:27 AM

I remember hearing about a case where a elderly man came home to find three teens breaking into his home, I think he shot one of them in the house and the others ran, he ran into the street and shot one of them in the back..result not guilty. even though the state had laws like our whimpy laws..the idiot theif got what he deserved. If I was on jury there is NO way I would convict the home owner.

jackwong said on November 20, 2009 at 3:48 AM

Washington is a state of wimps.

pacnwjeff said on November 20, 2009 at 8:10 AM

All law abiding citizens should shoot criminals. Look at it as your civic duty. After we thin the heard alittle we should consider a 2-3 year bounty on attorneys and politicians. This will clean up the community, state and country over time.

mandy5 said on November 20, 2009 at 8:17 AM

The community of Arlington and everywhere else needs to stand up and support this person. Are you kidding me law department!

leadthrower said on November 20, 2009 at 9:23 AM

Been gaged, tied up and robbed at gunpoint. All high powered rifles taken. Still nobody has been captured. Guns still at large. Felt as though were raped I would imagine. Violated beyond all belief. Still do not sleep at night. You idiots that believe in the justice then an eye for eye is what it should be. You threaten my family, life or liberty you must understand all bets are off. We have lost our country to the criminals. I do not trust anyone now, always looking over my shoulder because these f'n idiots. They have more f'n rights then regular law abiding people. Anybody that comes to my house gets met with a gun in my hand what a away to live! I praise the guy. Tired of paying for these idiots in prison and jail!

blankingout said on November 20, 2009 at 12:13 PM

Based on the comments above, one thing I am not for is a political group to come together promising strength and 'true' justice, then get in office and go Nazi on us... We need to return to empowering the individuals...

fosterp said on November 20, 2009 at 12:44 PM

I would add those a second degree murder is not appropriate in these circumstances. I would imagine this case would be dealt down to a voluntary manslaughter charge. Do you people really wish to live in a community where if you felt you were victimized by a crime, you have the legal authority to find the perpetrator, and kill them? What will we do then when someone makes a mistake and kills the wrong person? Or the family member of the accused who is killed feels wronged, and then retaliates? We have the justice system in this country to protect the innocent. The founders of this country didn't feel that the punishment of 100 more criminals was worth the risk of punishing an innocent man. That is why we have the rule of law to govern the way individuals should act in these kinds of situations. The common man is not fit to make such judgements on the life of another in such heated situations when victimized by a crime.

littlebear said on November 20, 2009 at 1:55 PM

Well I would hope the jury will see the whole story on this, and let him go with time served. This will be a lesson for the shooter ,to go practice at a gun range. It will let the next burglar know he might not get away alive, if he breaks in to a home and steals. I think there is a larger story here to follow also. It looks like he was using the same bullets that killed Kennedy, you know the ones that can twist and turn in all directions. That explains the warning shots accidently hitting the burglar. Was this a chinese made, Saturday night special pistol? If so we all know how they can shoot around corners and accidently misfire, and sent rounds in the wrong direction. These questions need to be answered. The real thing, I have questions about are, where were the police? If you shoot a guy in the back and he dies from a bleed out a good K9 dog should have found him in minutes from the blood trail. Why di it take two days for another home owner to find him dead in the woods?

jr5000 said on November 20, 2009 at 4:28 PM

What my nephew did was wrong, he should be in jail for his actions. But dead, NO!!!! Did Earheart know that he killed him on Monday and then leave him to rot for 2 1/2 days in a field? If that's the case that was very inhumane. My nephew comes from a family who loves him and we feel bad for EVERYONE involved, including the Earheart family. This is tragic for all involved. We all wish we could have gotten my nephew the help he needed. But please stop with the hate and the name calling. It's been a rough few days for us as a family to deal with our grief and for me to help my 4 children understand why their cousin isn't alive anymore. We are sorry for the pain and the grief that has been caused becasue of my nephew's actions. Please be respectful of our pain and our grief as we deal with the loss of a member of our family. I will be praying for our family and for Earheart and his family.

Anonymous said on November 21, 2009 at 6:13 AM

Determining responsability and point-of-origination in criminal envestigations is not a hard science but there are some points to consider: who is the real victum and who is the perpetrator? Setting culpability can become a never-ending thread of social influence and parantal guidance, reaching far into the distant past. Violating the property and security of others is not an acceptable mode of conduct in our society, especially when the perpetrator has the time and opportunity to chose whether to perform such action or not. There is no mystery in the propriety of making this choice. Such acts carry the threat of discovery and high-order response, thus underscoring the wrongfulness of the deed.

leekelee2 said on November 21, 2009 at 2:13 PM

jr5000, I am truly sorry for the loss of your family member. Please accept my deepest regrets..and know that you are in my prayers. I have a nephew who just isn't the same young man anymore...My sister sits and dreads every unknown phone call...watches the news for every unknown person arrested..and prays for it to not be her child. The world is full of good and bad...and no matter what direction you lead a person in to...they make their own choices. I hope for some healing, changes in laws, and peace for all involved.

dawnkempf said on November 23, 2009 at 12:54 PM

PEOPLE THAT DO CRIMES AS ALL CRIMINALS HAVE TO PAY FOR WHAT THEY HAVE DONE IN LIFE. THE SITUATION THAT HAS HAPPENED TO MR.KERIA IS AGAINST THE LAW HE IS A MONSTER HE TOOK THE LAW INTO HIS OWN HAND'S. THAT WHICH IS WRONG IF EVERYONE COULD DO THAT THE WORLD WOULD BE A MESS.... SO FOR KIERA THAT HAS PUT CRIMAMILS DOWN, HE WILL ALSO KNOW THE LIFE AS A CRIMAL A VIOLENT ONE AT THAT. HE WILL SHEAD THE TEARS THAT WHICH IS OF LONELYNESS.SEPERATION FROM HIS KID'S FAR FROM HIS FAMILY, KNOW THE EMOTIONS THAT IS SHARED IN A JAIL CELL, FEEL THE FEELINGS OF WHY DID I DO THIS.... AN NOW WILL PAY FOR WHAT HE HAS DONE.

blankingout said on December 1, 2009 at 12:12 PM

I am glad they caught that Lakewood police killer, but reading the article it says the officer fired several shots toward the suspect when he turned around and ran away while this guy said he fired warning shots in his suspect's direction, not like they are directed toward his burglar and the policeman is a hero for his justice while this guy is charged with 2nd degree murder for his...