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Discussion Starter · #1 ·
http://www.lockportjournal.com/local/local_story_022003301.html

CRIME: 2 suspects in custody, homeowner charged after burglary

Staff Reports
Lockport Union-Sun & Journal

TOWN OF LOCKPORT - State police say two attempted burglary suspects are in jail, and the homeowner targeted in the break-in Thursday morning is charged with reckless endangerment after firing shots at their car.

There were no injuries in the incident on Akron Road.

State police arrested Jenna M. Zsebhazy, 18, of Washburn Street, Lockport, and Anibal R. Cordero, 24, of Dysinger Road, Town of Lockport, on felony second-degree attempted burglary charges.

The homeowner, Dennis F. Cherry, 63, 7643 Akron Road, was also arrested during the same incident. He was charged with first-degree reckless endangerment, a felony; second-degree criminal mischief, a felony; and second-degree menacing, a misdemeanor.

Troopers and Niagara County sheriff's deputies responded about 11:23 a.m. to the Akron Road residence near Royalton on a report of a burglary in progress and shots fired.

State police investigators piecing together events said the suspects drove to the residence together, and Zsebhazy tried to enter the house through an open garage door.

Both suspects were confronted by Cherry, who had a Colt AR-15 rifle, investigators said.

Cherry reportedly detained Zsebhazy, while Cordero tried to escape in the vehicle.

The homeowner then proceeded to fire approximately 15 rounds from his rifle at the vehicle, according to the report.

Police said Cordero fled the area on foot and was caught by officers a short time later in the woods.

State Police spokeswoman Rebecca Gibbons said Cordero was caught before a helicopter came to assist in the search.

Chief Deputy Steven C. Preisch of the sheriff's office said the two suspects are persons of interest from a past robbery at the same location earlier this week, where a handgun was stolen.

Zsebhazy, Cordero and Cherry were arraigned before Royalton Town Judge Gregory Bass.

Zsebhazy and Cordero were taken to the Niagara County Jail, where they were held in lieu of $5,000.00 bail.

Cherry was released on his own recognizance and is due back in court later this month.

Zsebhazy and Cordero are due back in court at 5 p.m. Feb. 1.
 

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WOW, you can't just start shooting like that. I understand he was probably mad and upset but come on, that is just stupid. If anything he should have just kept the one detained until the police arrived.
 

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This one is a difficult one, 15 rounds to the vehicle? he wasn't inside the house.
Don't get me wrong, I think they got what they deserve; but the homeowner went after one and shot 15 rounds.

Don't know.
 

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Shooting at people who are running away is a dicey grounds at best. He was ROR'ed, and I am sure the Judge is not going to fry him, although the DA is certainly going to his/her best to make sure it does not happen again.

Had the two suspects been dead on the garage floor, this story might read very differently.

I would have let the one run away and made sure #2 was secure until police arrived. But that is just me. At times like that, I am pretty confident in the average criminals unwillingness to "go up the river" by themselves, especially since her partner basically ditched out on her and did not even wait.
 

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I have to agree with the other posts. You have one in custody, he will surely give up his accomplice. Use of deadly force cleary was not warranted here.

-Jim
 

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:guns

Not good.
 

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Discussion Starter · #10 ·
I love it - about time these criminals run scared, im happy that he got one of em and hope all charge are dropped, this state is backwards and just because they perp is running doesn't mean he should be free - no political asylum for thugs - where im from your hind end of your vehicle better be armored because im gonna pop every silhouette i see in that vehicle, now that I live here I no longer have the ability to do so - in NY if you dont kill em in your house then they are free and we get to pay for their jail time or there still on the loose possibly committing more crime, sad state

if you walk in your door and some thug is committing a crime on a family member and manages to get by you, you draw your firearm and as you turn this criminal is right outside the door, you have a clear shot and its split second decision - guess what, hes free - in NY youll face a jury
 

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Chief Deputy Steven C. Preisch of the sheriff's office said the two suspects are persons of interest from a past robbery at the same location earlier this week, where a handgun was stolen.
If your handgun was stolen earlier in the week, and the perps came back again, I can see how the guys judgment could have been off, I am sure his emotions got the best of him. Very difficult situation to be in, especially if you have family to protect. But still can't go shooting someone, while they are fleeing...Unless you live in texas.. ;)
 

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Discussion Starter · #12 ·
Dazzo said:
If your handgun was stolen earlier in the week, and the perps came back again, I can see how the guys judgment could have been off, I am sure his emotions got the best of him. Very difficult situation to be in, especially if you have family to protect.
you come back to steal more guns and now your facing a ar15, dinner was served.......
 

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_ said:
I love it - about time these criminals run scared, im happy that he got one of em and hope all charge are dropped, this state is backwards and just because they perp is running doesn't mean he should be free - no political asylum for thugs - where im from your hind end of your vehicle better be armored because im gonna pop every silhouette i see in that vehicle, now that I live here I no longer have the ability to do so - in NY if you dont kill em in your house then they are free and we get to pay for their jail time or there still on the loose possibly committing more crime, sad state

if you walk in your door and some thug is committing a crime on a family member and manages to get by you, you draw your firearm and as you turn this criminal is right outside the door, you have a clear shot and its split second decision - guess what, hes free - in NY youll face a jury
I'm more concerned about where the bullets ended up then I am about him shooting at a fleeing perp or if he did hit the guy where the car came to rest after the wounded perp crashed. If they are in the middle of a corn field dig a hole and burry em all.

-Jim
 

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Discussion Starter · #15 ·
JimP said:
I'm more concerned about where the bullets ended up then I am about him shooting at a fleeing perp or if he did hit the guy where the car came to rest after the wounded perp crashed. If they are in the middle of a corn field dig a hole and burry em all.

-Jim
im talking about a clear shot no possible way of injuring someone else - im also not talking about shooting blocks away lol no dirty harry
 

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Two men are coming to violate your privacy, property, maybe your wife and children, in the night. Who knows if there is a third watch out guy that is coming around the corner. Your blood is up. In your mind you think, if these guys get away, can you only imagine their vengeance when they get out of jail.

I would be shooting to kill.
 

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JimP said:
I'm more concerned about where the bullets ended up then I am about him shooting at a fleeing perp or if he did hit the guy where the car came to rest after the wounded perp crashed. If they are in the middle of a corn field dig a hole and burry em all.

-Jim
Ditto.

We're talking an AR-15. Those bullets could end up 500+ yards down range. Having said that the address looks to be in a rural area so it's not like he was shooting down Main St. in Bablylon.

http://maps.google.com/maps?hl=en&r...code_result&ct=image&resnum=1&ved=0CAkQ8gEwAA
 

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He's going to have a problem no matter what. The other perp was fleeing the scene therefor there was no more danger to the homeowner or property. Use of deadly force was NOT justified.
Only in a very limited instance is deadly force justified in terminating an escape and that option is open ONLY to a LEO NOT a civilian.
 

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Discussion Starter · #20 ·
SteveG said:
He's going to have a problem no matter what. The other perp was fleeing the scene therefor there was no more danger to the homeowner or property. Use of deadly force was NOT justified.
Only in a very limited instance is deadly force justified in terminating an escape and that option is open ONLY to a LEO NOT a civilian.
LEO's are civillians....

could be hes going for a gun or knife inside the vehicle, just because the threat is out of your home it doest mean you shouldnt follow him out and confirm.

in NY you should lock your door and be in the phone with 911 - keep in mind perp description, vehicle description, etc.
 
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