New Eagle Man Assaulted With Bat, Fires Fatal Shot At Attacker

Police Investigate Attack, Shooting At Washington Co. Mobile Home

POSTED: 7:57 am EDT September 25, 2009
UPDATED: 2:29 am EDT September 26, 2009

NEW EAGLE, Pa. — A New Eagle man was assaulted with a baseball bat at his home Friday morning before firing shots and killing his attacker.

 Joseph Gallick received a knock on the door of his Pine Top Estates mobile home on Applewood Drive at about 2 a.m.

 

Gallick grabbed his handgun before answering the door, police said.

 Gallick was told by Cole James MacFarlane that someone was “messing” with his truck parked outside, police said.

 When Gallick went to investigate, another man, identified as William Eyles, hit him with a baseball bat, police said.

 Gallick fired at Eyles, striking him in the chest, police said.

 Eyles, 25, of Monongahela, was flown to a Pittsburgh-area hospital, where he was pronounced dead.

 MacFarlane, 25, faces several charges, including homicide and attempted robbery.

Advertisements

Dad fires gun at intruder

From the Fort Mill Times
By Toya Graham
(Published August 25, 2009)

FORT MILL —

A father and his son were watching TV together when someone shattered their glass sliding door.

That’s when the Fort Mill dad put his toddler-age son in a closet, retrieved a gun and confronted a man. Then the inevitable happened.

 “The homeowner fired his weapon,” Capt. Bryan Zachary of the Fort Mill Police Department said.

 No one was hurt during that shooting, Zachary said.

 The incident, which occurred last Wednesday night, shook the Sugar Creek Crossing homeowner.

 “It was one of the worse things I’ve ever done in my life,” the 24-year-old homeowner said of the shooting when he was reached the next day. “I never hope to be put in that situation again.”

 The Fort Mill Times does not identify crime victims unless they request it.

 Father, son time interrupted Around 8 p.m. Aug. 18, the homeowner and his son, who is less than 2 years old, were watching TV in a bedroom.

 

 “The homeowner heard a crash,” Zachary said. “He dialed 911, placed the child in the bedroom closet and retrieved his weapon.”

 Then the homeowner made his way to his living room, where he came face-to-face with an intruder, who allegedly broke out one of two glass sliding doors, the homeowner and Zachary said.

 The homeowner told police that the intruder was moving from the kitchen to the living room area, according to a report from the Fort Mill Police Department.

 “The only thing that was going through my mind was my son’s safety,” the homeowner said. “He’s my first and only.”

 So, the homeowner issued a warning that he was armed, Zachary said.

 The report notes that the homeowner yelled to the suspect that he had a gun. It also notes the homeowner told the suspect to leave while pointing the gun at him.

 “He gave him (the intruder) fair warning to leave,” Zachary said.

 But the intruder did not leave.

 “The suspect turned and took a couple steps toward the homeowner,” Zachary said.

 According to the report, the homeowner noticed “something black in color in the suspect’s hand.” The report does not identify that object.

 “The suspect had some object in his hand, and the homeowner perceived it to be a weapon and felt threatened,” Zachary said.

 “The weapon was fired and (the bullet) struck an area of the wall near where the suspect was standing,” Zachary added.

 Authorities did not reveal what type of weapon the homeowner used or how many times he fired it, citing the ongoing investigation. However, a police report notes that the man “retrieved his pistol.” That weapon also is identified as a gun in the same report.

 The suspect fled the house and ran into a nearby wooded area bordering the homeowner’s residence. That area was later probed by a police dog and its handler.

 “They tracked back into the wooded area for a considerable distance,” Zachary said.

 Authorities were not able to find a suspect. If caught and convicted, the man faces a first degree burglary charge that carries a 15-year to life jail sentence, Zachary said.

 The burglary, Zachary noted, was not the norm.

 “Obviously, it shows desperation on the part of the suspect in that this is a time of the day when people are home from work and settling in for the evening,” Zachary said. “The 911 call came in at 8:18. It was not dark outside. That’s kind of an unusual time for someone to make that type of attempt. There were neighbors home at that time.”

 And at one home along Sugar Creek Crossing, an unsuspecting father took a stand to protect his home and son from an intruder.

 “My main thought was not to let him get past me,” the homeowner said. “I was raised to take care of myself. I took the measure to do that.”

Anyone with information about the man is asked to call the Fort Mill Police Department at 547-2022 or Crime Stoppers of York County at 1-877-409-4321.

No charges in teen’s death after robbery

By Christopher D. Kirkpatrick and April Bethea
ckirkpatrick@charlotteobser.com and abethea@charlotteobserver.com
Posted: Saturday, Sep. 19, 2009
DA: Man who gave chase after home invasion fired gun in self-defense.

Mecklenburg District Attorney Peter Gilchrist said Friday he won’t charge 76-year-old C.L. McClure in the shooting death of a 15-year-old who police said was part of a home invasion robbery at McClure’s northeast Charlotte house.

Gilchrist told the Observer there was insufficient evidence to refute McClure’s assertion that he was acting in self-defense Aug. 22 when he shot and killed Marcus Fluker.

“It appears from all the credible evidence that Mr. McClure feared for his life,” Gilchrist said in a statement.

McClure told police and prosecutors that after the midday home invasion at his Grier Road house he jumped into his van and drove to a nearby street where he thought the robbers were headed on foot.

He said he intended to shoot out the tires of their getaway car to slow them for police. He found no car, McClure told police, but spotted the group running toward his van from a wooded area.

As they approached, McClure said, he feared Fluker might use an automatic weapon McClure had seen one youth holding during the robbery. McClure then fired his .22-caliber gun from the passenger window, hitting Fluker. Police found the teen dead not far away on Ginger Lane, though they found no gun nearby.

The death highlighted issues around the rights of homeowners to protect themselves and the limits of those rights outside the home.

When a homeowner shoots an intruder, N.C. law allows prosecutors to rule it justified. But McClure drove after the robbers, plunging the case into a gray area, legal experts told the Observer.

“We make decisions based on the facts and not community opinion,” Gilchrist told the Observer.

In the statement, Gilchrist said: “His idea to find the vehicle and try to delay the escape of those who invaded his home did not make him the aggressor nor did that take away his right of self-defense. Mr. McClure believed that his life was in danger and fired in self-defense.”

McClure didn’t return a call Friday and has said he doesn’t want to talk about the incident.

Felicia Fluker, the youth’s mother, couldn’t be reached Friday night. She told the Observer after the shooting that her son, an Independence High freshman, was a good kid who got caught up that day with a bad crowd.

“I hate what happened,” she said. “(McClure) could’ve just called police.”

Three other teens were arrested and charged with second-degree burglary and robbery with a dangerous weapon. Police have identified them as Joseph Graves, 17; Matthew Everett Morgan, 17; and Tahjaue Wiley, 18.

Three defense attorneys who read Gilchrist’s statement on the McClure case said they felt the prosecutor’s decision not to file charges was fair and showed the homeowner had feared for his life.

“When a notorious incident like this takes place people want to think they know all the facts, but they usually don’t,” said Tony Scheer, a Charlotte criminal defense attorney and former prosecutor. “When police and prosecutors decide that they don’t have enough evidence to charge somebody I would hope that the community could accept that they’re trying to do their job in good faith.”

Still, Scheer and other attorneys said the prosecutors’ decision not to file charges should not encourage others to take the law into their own hands.

“I don’t think that’s the message that’s intended here, and hopefully that’s not the message people will take from it,” said Terry Sherrill, a defense attorney and former district and superior court judge.

Prosecutors said Friday that McClure’s wife suffered a heart attack hours after the home invasion and shooting. She is recovering.

The robbers had held her at gunpoint upstairs and bound her husband, who was downstairs, with duct tape. Then they ransacked the home, making off with jewelry, a wallet and two guns.

After they left, McClure broke free, grabbed a gun, and got into his van after watching the thieves head into woods across the street.

According to Gilchrist’s statement: “When McClure found the young men after the robbery, they ran toward his car and he fired a shot in the air to keep them away from him and his auto. But they kept running toward him, some in front and some in back of his car.”

When Fluker passed the vehicle, he began to turn toward McClure. His motions convinced McClure he was about to be shot, Gilchrist stated. McClure fired at Fluker but did not know if he had hit him.

Gilchrist said McClure was the only witness to the shooting and that the physical evidence corroborated what the homeowner told detectives. The DA’s office also said it was clear Fluker was one of the people involved in the home invasion robbery.

“It is the burden of the state in a criminal case to prove beyond a reasonable doubt that a charged individual did not act in self-defense,” Gilchrist said in his statement. “The state cannot meet that burden in this case as it appears from all the credible evidence that Mr. McClure feared for his life.”

In a recent similar case, police say Charlotte cab driver Albeno Maywal shot and killed 17-year-old robbery suspect Renaldo Smith this month. Police and prosecutors are still reviewing the case. Smith is the son of former NFL Atlanta Falcon player Reggie Smith. Staff writer Adam Bell contributed.

%d bloggers like this: