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92-Year-Old Shoots Burglar, Police Seize Weapon Used

September 5, 2012 by  

92-Year-Old Shoots Burglar, Police Seize Weapon Used
SCREENSHOT
Earl Jones believes the rifle he used to shoot an intruder should not have been taken by police.

A 92-year-old World War II veteran is upset with deputies for how they treated him after he shot an intruder. Upon their arrival, the police told the shooter, Earl Jones, to lift his hands and they took his rifle.

According to Jones, three men broke into his rural Kentucky home in Boone County. When Jones heard them in his basement at about 2 a.m. Monday, he grabbed his .22 caliber rifle and sat in a chair, waiting on the burglars.

When the door opened, Jones fired a shot, killing Lloyd Maxwell, 24. Two robbers with Maxwell, Ryan Dalton and Donnie Inabnit, were apprehended and charged with second degree burglary.

“I was hoping another one would come up; I aimed right for his heart,” said Jones. “I didn’t go to war for nothing. I have the right to carry a gun. That’s what I told the police this morning.”

Jones believes the rifle used in the shooting should not have been taken by police.

“How am I going to protect myself if they come back looking for revenge?” he asked. “It was simple. That man was going to take my life. He was hunting me. I was protecting myself.”

Bryan Nash

Staff writer Bryan Nash has devoted much of his life to searching for the truth behind the lies that the masses never question. He is currently pursuing a Master's of Divinity and is the author of The Messiah's Misfits, Things Unseen and The Backpack Guide to Surviving the University. He has also been a regular contributor to the magazine Biblical Insights.

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  • David L. McKenzie

    It is understandable that the firearm used to kill someone would be taken for ballistics even though the shooter informed the police of what he had done. This is standard procedure for such instances. The weapon should be tested to prove it was the weapon used to fire the fatal bullet then returned to its owner, since no crime was committed by the shooter.
    I agree if Mr. Jones needs to borrow something for home protection he is welcome to choose from my gun safes. I have several in my home and vehicles as both my wife and I are conceal carry license holders. I would probably suggest to him a “Judge” with 410 self defense rounds or a “Governor” with the same ammo. I have several located in my home. They are great weapons for home defense because they most likely won’t kill any neighbors as drywall will reduce the lethality of the rounds. However if the perpetrator/home invader is between the gun and the drywall it will truly mess up his/her day.

  • NAM1

    When someone breaks into your home,they didn’t stop by for a visit.I would protect my family by all means possible,including deadly force if forced to do so….PERIOD!!!

  • Rob

    Being 92, he probably had to hang up the ole Garand and utilize the .22. He’ll probably have to bring it back out. Hopefully he won’t have to use it. He may throw out a shoulder.

  • T. Jefferson

    If you own a gun shop in his area, please take him a weapon to protect his person and property.

  • momo

    Too bad it wasn’t an assault rifle with a high capacity magazine, he could have killed all three, but then the liberals would be crying about those poor “victims”.

  • Kinetic1

    Mr. Nash,
    Once again you have left out information in order to advance your cause. The temporary seizure of the homeowners gun is just a footnote in the story of a home invasion gone bad.

    After shooting the intruder, the homeowner did not call the police, but rather a neighbor who then called 911. When the police arrived at the scene the shooter was unwilling to put down his gun and raise his hands. “I told them, ‘I’m not putting my damn hands up.’ ” Arriving on the scene of a shooting the police have to consider their own safety. They don’t know what has really occurred or what might happen, and here is an man refusing to put down his weapon for police!

    Once they got inside the house, the Police found the door to the basement ajar and, I assume blood, but no body. Not much to back up his story. Later the two surviving burglars were found and they admitted to breaking into the house and taking their friend away after the shooting, so it appears that there will be no charges filed against the homeowner.

    When you consider that it is standard procedure to take a weapon used in a homicide for ballistics testing, that the call came from someone other than the homeowner, that the facts of the shooting were not clear and little evidence remained at the scene, and that the homeowner/shooter was initially uncooperative, this story becomes a lot less about police asserting unreasonable power and more about how not to handle the situation if you are forced to shoot an intruder in your home.

    • phideaux

      The original story I saw yesterday said there was blood on the stairs and said the homeowner is the one that called 911. The original story also said nothing about the homeowner putting up any kind of resistance or making any statements about not raising his arms.

      • Kinetic1

        phideaux,
        Who, exactly presented the “original story”? The post above is a compilation of several different reports since any one may be somewhat biased. The report that he had called a neighbor rather than 911 came from the Sheriff. (http://www.boonecountyky.org/so/PressReleases/2012090301/default.aspx)
        The quote about putting his hands up came from the Kentucky Enquirer, USA Today, the NY daily news, etc.

        Whenever it seems there is something missing in a story, there usually is.

  • http://www.facebook.com/steve.ward.73932 Steve Ward

    It is a fallacy to believe that law enforcement is here to protect us….they are seldom where crimes are being committed and upon arrival to a scene, collect evidence and investigate. The weapons they carry are for their personal protection first and foremost. It has been up to the people to protect themselves since forever and will be thus forever. Heaven help the “gun free zones”, because they are crime producing sewers.

  • http://www.facebook.com/steve.ward.73932 Steve Ward

    I would hope that the reason for securing the gun was for ballistics testing in that it would be evidence in a killing. If so, he will get it back. Kentucky is not known for anti gun rights. I would hope that Mr. Jones, after 92 years of living had access to another weapon. Good for Mr. Jones in making sure there is on less criminal that we won’t have to spend thousands to millions on in a trail and incarceration.

  • Charlie

    In the mean time, does he have another gun? Preferably a larger caliber with multi round magazine.

  • Ted Gager

    We are dealing with scumbags that are afraid of a fair fight. They believe that the vet should have been the victom. It would have been much easier for them to handle. Self defence presents a problem for them because they may be the ones sneakining into some vets house at 2:00 a.m. in the near future. Give the vet back his rifle you cowards!

  • Lawrence

    Don’t depend on any government agency to defend your constitutional rights. We lost our constitution years ago. The people in government swear to obey and protect the constitution when taking office and then immediately forget their oath.

  • Izod

    Nothing prevents the homeowner in this case from keeping any other firearms he owns or borrows while his .22 rifle is in the custody of the police. The weapon is kept due to its use in killing the intruder. The homeowner is not in custody and his rights aren’t being infringed.

    If he needs to borrow one, have him call me.

    • JD

      Amen IZOD , I agree 100% .I too will lend or even give him a good 22 and some ammo .

    • ?????? 661murray

      or me

  • brett

    oh lordy, lordy, heaven forbid that the weapon was seized as part of s.o.p. when investigating a shooting death. at least the boone co. sheriff’s dept. is handling the case by the book unlike some shady police cases. poking around a little, i found that his actions are within kentucky’s definition of justifiable force and the sheriff’s office said that he’s unlikely to be charge and when the investigation is over his 22 cal. rifle will be returned.
    this article is pure propaganda spin. spoon-fed just for you!

  • KingKen

    I’m just passing through this miserable state of affairs. God help you who live here.

    • Jodi

      So where do you live, KingKen? If it’s better than here, perhaps my family will move there and enjoy some freedom and peace until America crashes. And I’m not being sarcastic either. I’m fed up with this pseudo-America.

  • DJ

    Taking the rifle is standard procedure in law enforcement. The rifle is evidence for a ballistics check. When everything checks out, and no charges are filed, the firearm is returned to him. At least in most states in the U.S.

    • http://BobLivingston Robert Ashfield

      you are very right. That is the way it should be., but the government is trying to sneak in the back door a law that that will happen everywhere in the US that gun or rifle will not be returned and also that we will not be allowed. Most of us to purchase a gun or rifle. it is an attachment to a bill in Congress. and you know as well as me with the Congress has been doing the last few years about so-called protecting us.

      • Daniel

        Robert, since you know so much about this alledged bill, I’m sure that you won’t mind telling us its number, so that we can look it up.

        Or are you just passing around another rumor that so many conservatives consistently fall for?

      • CZ52

        I have heard of that but the last I heard about it the proposal had died in committee and never made it to a vote.

      • http://yahoo David

        THEY WANT A BILL NUMBER HERE ARE JUST TWO OF SEVERAL OTHERS THEY NEED TO LOOK UP. THE ARE S.3458 AND HB.6241 WHICH IS JUST A STARTING POINT TO THE REGISTRATION AND CONFISCATION OF ALL GUNS.

  • RivahMitch

    Never ever trust anyone connected with the government. As an old friend of mine whose father was a long-time sheriff warned, “The police are NOT on your side. From time to time their interests may coincide with yours but the Police are always on their own side.”

    • http://BobLivingston Robert Ashfield

      you are so right. I know you know a few officers

  • http://www.facebook.com/jerry.nappi.75 Jerry Nappi

    Good Job ole buddy. Things are sure changing since we took the oath to defend our country. But old soldiers never die they just fade away. The lucky ones are those less fortunate buddies that passed before us. They probably would never believe the present day situations. Good luck ole buddy on retrieving your gun.

  • BUTCH

    AFTER THEY GET OUR GUNS THEY CAN TAKE ANYTHING THEY WANT.

  • Bob

    Seizing a weapon used in ANY form of homicide is standard procure.. Even Police Officers guns are taken into evidence after fatal shootings.. I do not know the procedures in Kentucky, but I do know the procedures in Houston, Texas. It will be returned once it goes to the Grand Jury and a “No Bill” is returned.(All fatal shootings are referred to a Grand Jury, regardless of the circumstances). If the unfortunate happens, and Mr. Jones is “True Billed” or formally charged with a crime in the shooting, then the rifle will be retained as evidence until final a disposition is reached before a court.. As stated, I don’t know the law in Kentucky, but in Texas, NO Grand Jury would indite him…

    • Dorian LaCourse

      Same in Ohio, wounded or dead.

    • Vigilant

      From http://www.opposingviews.com/i/society/crime/video-92-year-old-earl-jones-shoots-and-kills-intruder-lloyd-maxwell

      “The Kenton County Police will probably not charge Jones, as Kentucky as the state has a ‘stand your ground’ law.”

    • http://BobLivingston Robert Ashfield

      I must reinstate my statement. laws are made to protect criminals not the victims of crime. really, I could go on, and so could many others with the same beliefs as may criminals should only have one right and that is to be treated humanely. when a policeman has to use his weapon. It should be taken away chances are, he had to use it. On top of that very few officers shoot anybody. I know a few officers that retired without using their piece.

      • 45caliber

        About not using their guns …

        A friend told me he had joined a county police force. The sheriff decided to have everyone requalify on their guns. (Now all are required to do that annually) One didn’t have any bullets at all. Another pulled out his gun to shoot and a roach crawled out the barrel. Several hadn’t been removed from the holsters and cleaned in years.

    • GRusling

      You’re 100% correct… Any weapon used in Texas to even wound an individual is taken into evidence at the time, then returned after the Grand Jury rules or the District Attorney refuses to prosecute. Our Police Department TAKES it back to the individual they got it from. In many cases our department will lend the individual a replacement, if that is the only such weapon they own…

  • ishodan

    Exactly WHY was his gun taken??? He did nothing but protect himself from 3 thugs. Don’t we have that right in our own homes??? Give the man back his rifle!

  • JP

    A man in the UK found a shotgun wrapped in plastic in his backyard. He took it to the police station to turn it in. He was arrested, and prosecuted – for possession of an unregistered weapon – he couldn’t prove it wasn’t his! Even trying to do the right thing will get you prison time in the UK, coming soon to your town! This was in the news about 3 years ago.

    • http://BobLivingston Robert Ashfield

      it almost sounds like a joke. God for bid is not funny

    • 45caliber

      They have gone crazy about their laws there. This is a good example. One 70+ man was getting robbed every month by the same men for his SS check in England. He was a farmer and had a single barrel shotgut. He had reported them 7 times but the police still did nothing. He finally shot a couple of them, killing one and wounding a second. The dead man was about 35 and had about 38 CONVICTIONS. The wounded man also had more convictions than years. The wounded man was convicted of attempted robbery and was sentenced to 1 year in prison. He was out in three months. The old man was convicted of murder and sentenced to life. The government gave the wounded man 5000 lb. sterling so he could sue the old man for ‘ruining his sex life’ since the shock of seeing his friend shot had upset him. Instead of suing the robber bought heroin and was caught selling it to his friends in jail as he “visited them”. He got another year in jail and was out in three months.

  • ADie Dee

    In the UK they arrest the Occupier too! It happened just the other day. A few years ago they jailed one man for shooting dead an intruder (he had been robbed many times and the police did diddlysquat until he shot someone). He was eventually released early.

    • http://BobLivingston Robert Ashfield

      this is what you hear all the time. The victim is punished. This has to stop

  • http://facebook Pat

    The gun should not have been taken. This is what is happening folks, our rights are being taken, wake up! This is just the beginning!

    • TIME

      Dear Pat,

      Correction, your rights were taken away long ago, its just people are now starting to get it / see it / understand it!

      Peace and Love

      • boyscout

        Affirmative. Might I add: Never, Never personally accept it.

    • http://BobLivingston Robert Ashfield

      yes you are so right. honest people have no rights. This is the beginning, the right to protect ourselves being taken away

    • Roadking rog.

      They have been working toward taking our guns away for many many years, It’s not the beginning it’s closer to the end, one way or the other!! This isn’t a joke!

      • Kate8

        I don’t know if anyone saw my post from yesterday, but I posted a link to an article stating that Hillary and the UN are back to passing the UN Gun Ban Treaty as we speak.

        Everyone needs to be screaming to their Congressmen, letting them know that this will NOT be honored in America. It is nothing less than a declaration of war against the American people.

        BTW, I have a friend who’s ex-girlfriend wanted to go into his house to take his computer (she had stuff on it she didn”t want him to see), so she called the cops and told them he had guns and feared for her life. Now, this guy is not at all violent, but he IS sure of himself. The cops continually demanded he hand over his guns, and he told them, “No! These are MY guns, and I haven’t committed any crime.”

        He finally just said, “Look. I’m NOT giving you my guns. End of story”. So they stayed until she walked out with the computer and then left…without his guns. And they showed him respect, too.

        Cops will try to bluff and intimidate, but if you know the law they will back off. If you hand over your guns, it will be considered voluntary.

  • richard

    One again, Communism is alive in the United States. I hope this poor guy has relatives with a lot of money, because that is the only way he can protect himself. If the Police are
    working for the OBAMA ANTI GUN people, then the only way to protect yourself is to leave the country.

    • firefight

      Richard,
      For Pete’s sake, the man is 92. He doesn’t need rich relatives and he damn sure doesn’t need to leave this country. All he needs to do is get another gun and keep on defending his rights, his property and the country that he loves and fought for 70 years ago.

      • http://www.facebook.com/carolyn.shelton.391 Carolyn Shelton

        I wish it were that easy!

      • auhunter

        Carolyn, it is that easy, you just have to have the mind set to do it. Living in Arizona, I carry 24/7, not because I want or need to, but because I can, for protection of myself, my family, and the fool who thinks he doesn’t have to. Cops, take the latest incident in NY, 2 cops no more than 30 feet away from a shooter and they wound 9 innocent people trying to take him down. Is that the kind of protection you are looking for? If I had been there, and allowed to carry, there would have been one, possibly two shots and it would have been over, which is the way it should have been anyway.

    • http://BobLivingston Robert Ashfield

      leaving the country is not the answer. Standing up for your rights is the answer. criminals have all their rights to do what they want to us. we have no rights to protect ourselves. We have to get the president and Congress to protect us. Not all the criminals in this country. and that means we have to get our country back . if the US had not become so corrupted, we wouldn’t have all these problems with the economy, safety and so many other things.. Hopefully, we will vote in the right, the right people. this time.

  • nnicko

    Since the authorities took the vets right to protection away, they can now promise him 24-7 protection by sitting outside his house instead of a doughnut store.

    • http://bellsouth.com unique

      What a great idea that you have.
      Police need to give this man back
      his rifle. The county and state
      should also give him an award.

      • Randy131

        The police are confiscating .22 rifles now? On what authority? Are they claiming a .22 rifle is an assault weapon, which they seem to be scared to let citizens own to protect themselves, and now they’re classifying a .22 rifle as the same? Is this still the USA, or a semblance thereof, because of Obama’s and the Democrats’ ‘Change’ they promised us?

      • boove199

        Think of the hassle and expense this man saved. No time for officers to process him, no meals to serve him, no guards to watch over him, no judge to try him, no jury fees to hear his case, no cost for court appointed attorney, etc. This is a good citizen. Good for him.

    • http://BobLivingston Robert Ashfield

      agree. I agree they should stand at his house 24-7 . It really has become unconstitutional, that we the people have no right to defend ourselves. But it is okay that he criminals can do whatever they want to law-abiding citizens.

      • old hillbilly

        Cops enforce the laws. They have to do forensic stuff to protect all of us.

        Make sure you have more than one gun & that it isn’t confiscated. Change the laws & be forceful in doing it – if need be the local level is best!

    • Michael

      Personally I would not want 24/7 protection from the gestapo type cops that are becoming common place in the US. Go buy another rifle.

      • Dave

        My late father always taught us kids that if a tool was important enough you should have two, because two is one and one is none when Mr. Murphy shows up. I’m not from Kentucky and don’t know what the laws are there, but in some states and jurisdictions any firearm used in a shooting must be seized until the DA’s office has cleared the individual that did the shooting. I’m also not sure if Kentucky has a Castle Doctrine Law. I’m fully prepared for my firearm to be seized until it’s returned in the event I am forced to use deadly force, that’s why I have more than one (and not all of them are located at my home). If neither the State of Kentucky or Boone County has such a policy then the deputies should not have seized Jones’ rifle.

      • Oldleatherneck

        Let’s take up a collection to buy the old follow a gun that would be more appropriate for his needs ie; an M1 Garand, an M1 carbine, an 870 pump 12 guage, or a 1911 Colt. Something he can relate to and use with confidense.

      • lucky

        thats probably the best solution just get up and go out to wall mart and pick up a 410 shotgun or another 22 you’ll be ok

    • FreedomFighter

      The police need justify there actions, this man was obviously within his rights to defend himself.

      Home invasion is a growing crime, the perps know the owners are home and expect to victimize the weak and defenseless owners, forcing open safes and forcing by torture usually the owners to give up hidden items of worth — more shootings like this and Home Invasion would diminish to nothing.

      Laus Deo
      Semper Fi

      • http://www.OlGreyGhost.Blogspot.com Ol’ Grey Ghost

        Easy enough to justify. The police collected the firearm as evidence in the shooting. It will be presented as such, along with all reports and statements, to a grand jury that will more than likely find the veteran to have been justified in his use of deadly force and he will be “no billed,” meaning he will not be tried for homicide. Then his weapon will be returned to him.

        When I was involved in a shooting, my gun was “collected” and sent to a lab for ballistics testing and then after I was “no billed” by our local grand jury, it was returned to me. The whole process took nearly 9 months. It was good thing I believed in redundant systems and owned more than one firearm as I almost had to shoot someone less than a week after the first shooting. Lucky for the burglar I caught that he surrendered without a fight…

      • FreedomFighter

        Makes sense Grey, hope the old boy has another in the closet.

        Laus Deo
        Semper Fi

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