View Full Version : Homeowner shoots man in FC/publishing CCW holders in 2000
2ndChildhood
08-29-2006, 06:42
Uh-oh "Ray shot Ebner once as he was running from the scene"
http://www.coloradoan.com/apps/pbcs.dll/article?AID=/20060829/NEWS01/608290353/1002
Man fires on intruder at home
Shooting victim too ill to explain
Police are saying it is too early to say whether a shooting in south Fort Collins early Monday that put one man in the hospital will fall under Colorado's "make-my-day" law.
David Ebner, 28, was shot shortly before 2 a.m. in the backyard of a house in the 300 block of High Pointe Drive, southeast of the intersection of Horsetooth Road and College Avenue, after homeowner Steven Ray saw him in the backyard, according to Fort Collins police spokeswoman Rita Davis.
Ray, 58, was awakened by barking dogs and tried to turn on the lights.
When the lights wouldn't come on - because of an unrelated power failure - he took a .45 caliber handgun and confronted Ebner in the yard, Davis said in a press release.
The men struggled and Ray shot Ebner once as he was running from the scene, Davis said. Ebner was found 20 minutes later in a vacant lot about 100 yards away.
Ebner is in serious condition in the surgical/neurological intensive care unit at Poudre Valley Hospital. Police have been unable to talk to him because of his condition, Davis said.
There is no fence around Ray's backyard and an irrigation ditch runs along the south side of the gated community.
Ray was not injured during the incident. A 2000 list of concealed-weapon permit holders in Larimer County included Ray's name, but it is not known if he still possesses such a permit.
The "make-my-day" law shields people from criminal and civil penalties if they use force against an intruder they believe poses a threat.
There is no evidence right now that Ebner was trying to break into Ray's house, Davis said.
"We're still trying to figure out what (Ebner) was doing in the backyard," said Davis, who added that the investigation is ongoing.
No one answered the door at either Ray's or Ebner's residence Monday afternoon. A woman who answered the phone in Ebner's hospital room referred all questions to the police.
Ray's neighbor, Julie Knudsen, told the Coloradoan it had been "a very hard day for everyone" before asking the reporter to leave the gated community.
A 2000 list of concealed-weapon permit holders in Larimer County included Ray's name, but it is not known if he still possesses such a permit.
these are public lists? WTF
like saying please google my name and come rob my house during the day if you want some guns.
A 2000 list of concealed-weapon permit holders in Larimer County included Ray's name, but it is not known if he still possesses such a permit.
these are public lists? WTF
like saying please google my name and come rob my house during the day if you want some guns.
+eleventy billion! wtf?
newracer
08-29-2006, 07:48
In 2000 the editor of the Fort Collins Coloradoan published the names of more than 600 Larimer County residents who had concealed weapons permits at the time. It is public information but it is not that easy to get.
There is definately more to the story than is printed. But it doesnt look good for "ray". (if the details are to be believed).
On the CCW issue. This is precicely why I didnt apply for a Colorado permit. With this, and the CCID database, I will stick with my UT thank you very much.
thedave1164
08-29-2006, 14:06
The Larimer County sheriff supports a CCW database.......
One of the few beefs I have with the man.
newracer
08-29-2006, 16:08
But he also supported and implimented "Shall Issue" in the county before it was CO law.
JohnTRourke
08-29-2006, 16:30
he's in big doodoo
Make my day only applies inside the house.
He did not have to go outside to confront the man, he was safe inside his castle.
not smart at all.
KarlPMann
08-29-2006, 16:42
WHAT? Dude, you haven't been paying attention too well. Make my day doesn't say ANYTHING about inside the house! :roll: And the courts have already gone there, done that. The now very famous case where the NEIGHBOR, responded to a call for help and shot the bad guy, in the back, running away, unarmed, from "a quarter block away". And the neighbor he saved, a democrat state senator/representative that had just voted against that law. He was found not guilty, and when the bad guy tried to sue, it was dismissed IMMEDIATELY because of that law!!! [poke]
Karl. :P
WHAT? Dude, you haven't been paying attention too well. Make my day doesn't say ANYTHING about inside the house! :roll: And the courts have already gone there, done that. The now very famous case where the NEIGHBOR, responded to a call for help and shot the bad guy, in the back, running away, unarmed, from "a quarter block away". And the neighbor he saved, a democrat state senator/representative that had just voted against that law. He was found not guilty, and when the bad guy tried to sue, it was dismissed IMMEDIATELY because of that law!!! [poke]
Karl. :P
I hope that they keep up this precedent :bowdown:
JohnTRourke
08-29-2006, 20:20
WHAT? Dude, you haven't been paying attention too well. Make my day doesn't say ANYTHING about inside the house! :roll: And the courts have already gone there, done that. The now very famous case where the NEIGHBOR, responded to a call for help and shot the bad guy, in the back, running away, unarmed, from "a quarter block away". And the neighbor he saved, a democrat state senator/representative that had just voted against that law. He was found not guilty, and when the bad guy tried to sue, it was dismissed IMMEDIATELY because of that law!!! [poke]
Karl. :P
It's clearly inside the house
unless the guy is beating down the door and you are afraid for your life
that was one case you quoted, but that's not what the law says, go find it, someone quoted it here a couple weeks ago.
Sorry, inside the house, it's "sorry for bothering you mister, we'll clean the blood up later"
ouside running away, the issue is over, you are not in fear of your life and you are protected in your castle, can't be shooting people in the back running away in a domestic situation. You're going to court and it's going to be hit or miss.
MuzzleFlash
08-30-2006, 00:45
Why did the Coloradoan find it necessary to point out that this Ray guy lived in a gated community...twice? That wasn't germane to anything. Nor was the fact that he held a CCW. When they published the CCW list in 2000, it was like it was some sort of registered sex offender list, published as a "community service" to warn your neighbors about your evil proclivities. Clearly they have an axe to grind here.
Here's my translation of this coded liberalspeak:
Evil gun owner (who must be a gun fondling freak because he has a CCW, who is rich and privileged enough to own an expensive house in an exclusive neighborhood), had the audacity to shoot someone in the back (who was probably lost and homeless due to Republican economic policies) innocently ended up in his back yard by mistake because there was no fence. Oh, and did we mention that the shooter lives in a gated community?
...and you don't need a CCW on your own property not to mention that the gun wasn't concealed, but the ignorant aren't bothered by facts or logic while pushing an agenda.
...but you also don't shoot someone while they're running away and you weren't harmed.
2ndChildhood
10-05-2006, 06:55
Not a bad outcome, I'd say.
Homeowner justified in shooting intruder, DA says, man to face misdemeanor charge, though
A Fort Collins homeowner who shot a man on a stoop outside a side door was justified in doing so, the District Attorney's office decided Wednesday, but the homeowner still will face a misdemeanor charge related to the incident.
Steven Ray, 58, faces one count of prohibited use of a weapon stemming from the early-morning shooting that occurred Aug. 28 outside his home in the 300 block of High Pointe Drive, according to a news release issued by District Attorney Larry Abrahamson.
Ray said barking dogs woke him around 1:30 a.m. and he noticed someone in the backyard when he looked outside.
The power was out because of an unrelated outage, and when David Ebner refused to identify himself when asked by Ray, the statement said, Ray retrieved a .45 caliber handgun from his basement.
According to the statement, Ebner was reaching for a door handle when Ray returned, a struggle ensued and Ray fired three times. One shot struck Ebner's cell phone and another struck the back of the shoulder, according to the statement; that shot exited through Ebner's chest.
The third shot, Abrahamson said in the release, was an un-aimed shot fired several seconds later and Ray had no idea as to where the bullet was going. This shot, Abrahamson said in the statement, placed all those within range at risk and warranted the misdemeanor charge.
Ray's attorney, Patrick Renworth, said he and Ray were relieved more serious charges were not pressed, but Renworth added he disagrees with the misdemeanor charge.
Ray did not feel out of danger when Ebner was retreating, Renworth said, and was worried he could be circling around the house.
Stephen Cook, Ebner's attorney, said he and his client both thought the prosecution decision to not charge the felonies recommended by Fort Collins police a "shocking disbelief."
Abrahamson said the office did not feel it could prove that Ray's actions were unreasonable if charges had been filed relating to the first two shots.
Ebner will not face charges, according to the statement, because his blood alcohol levels were very high and justice would not be served by prosecuting him.
Ray, who was issued a summons rather than being arrested, is scheduled to appear in court at 8:30 a.m. Oct. 12.
"Ebner will not face charges, according to the statement, because his blood alcohol levels were very high and justice would not be served by prosecuting him."
What the hell?!?!?!?!?!? So now we can go get drunk and try to break into peoples homes and it's no big deal?
Sherif: "Arrest his butt"
DA: "Yeah but we're not going to charge him.. dude, he was soooooooooo wasted"
A few important new details in that second story, and I bet we still don't have half of what really happened.
They still didn't clarify if the second shot was at bad-breath range while both men were struggling, or something else. And the description of the third shot leaves a lot to the imagination as well.
robsterclaw
10-06-2006, 00:28
"Ebner will not face charges, according to the statement, because his blood alcohol levels were very high and justice would not be served by prosecuting him."
What the hell?!?!?!?!?!? So now we can go get drunk and try to break into peoples homes and it's no big deal?
Sherif: "Arrest his butt"
DA: "Yeah but we're not going to charge him.. dude, he was soooooooooo wasted"
Oh hell, if that's gonna be the precedent, there will never be another case of date rape ever, huh?
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