Sumner Co Sheriff: Don't Jump To Conclusions On Shooting Probe

By: Jared Cerullo Email
By: Jared Cerullo Email

Stay up-to-date with KAKE News:

April 26, 2011

Sumner County's Sheriff is asking the public to not to jump to conclusions on the report of a homeowner arrested for shooting at burglary suspects. The Sheriff's department released a statement on the investigation today.

A Milton, Kansas man told authorities he fired shots early Monday after finding four burglary suspects on his property. Two of the suspects were found with gunshot wounds. The homeowner was arrested for aggravated battery.

Part of the statement from the Sheriff's department reads, "as with all investigations, critical details concerning what occurred are not released until the investigation is complete, and sometimes until the case goes to trial. Such is the case here. There are many details of this case that the public is not aware of, and we ask them not to jump to conclusions or make judgments based on the limited facts
that have been released."

The statement says the investigation should be wrapped up in a couple of days and more information will be released.

Statement From Sumner County Sheriff's Office

As with all investigations, critical details concerning what occurred are not released until the investigation is complete, and sometimes until the case goes to trial. Such is the case here. There are many details of this case that the public is not aware of, and we ask them not to jump to conclusions or make judgments based on the limited facts that have been released. Our investigation should be completed in a couple of days at which point an updated press release will be issued.

Just to reassure everyone that Kansas Statutes 21-3211 and 21-3212 gives every citizen the right to use deadly force to protect themselves and others under certain circumstances. It does not give anyone the right to use deadly force to defend property only.

Anyone having questions or concerns are encouraged to Captain Mike Yoder at 620- 326-8941

6. K.S.A. 2009 Supp. 21-3211. Use of force in defense of a person.
[As amended by Senate Bill No. 381, L. 2010, ch. 124, § 4; effective April 29, 2010]

(a) A person is justified in the use of force against another when and to the extent it appears such
person and such person reasonably believes that such use of force is necessary to defend such
person or a third person against such other’s imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if
such person reasonably believes that such use of deadly force is necessary to prevent imminent
death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect
such person or a third person.

7. K.S.A. 2006 Supp. 21-3212. Use of force in defense of dwelling.
[As amended by Senate Bill No. 381, L. 2010, ch. 124, § 5; effective April 29, 2010]

(a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such use of force is necessary to prevent
or terminate such other's unlawful entry into or attack upon such person’s dwelling, place of work
or occupied vehicle.

(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling, place of work or occupied vehicle if such person reasonably believes deadly
force is necessary to prevent imminent death or great bodily harm to such person or another.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person’s dwelling, place of work or occupied vehicle.

Update
Monday, April 25, 2011

Deputies in Sumner County are investigating the latest in a series of burglaries in the northern part of the county, but last night's crime ended with much more dramatic results. A homeowner was jailed and two suspects are nursing serious gunshot wounds after trying to break into a property on the west side of Milton early Monday.

Sheriff Gerald Gilkey tells KAKE News that the resident at 1231 Cedar in Milton awoke to a noise just before 3:00 Monday morning. As he went to investigate, he discovered at least one person inside his home and others inside a shop area away from the house.

"The homeowner fired shots at the suspects," Gilkey said. "Some of those shots hit two of the suspects."

It is believed four suspects fled the scene. Two were discovered driving toward Wichita along K-42. They were stopped by a Sedgwick County deputy. Inside the vehicle, he discovered two men with gunshot wounds. They were rushed to a local hospital where one was treated and released into custody. The other man in that car is still listed in critical condition with a gunshot wound to the face. Gilkey says the remaining two suspects are still at large.

The homeowner has been arrested for aggravated battery. The unidentified man was jailed early Monday, but posted bond and is now free pending any charges.

"There may be no charges filed," Gilkey said of the resident. "Everything is still under investigation. The district attorney will be the one to decide whether or not to file any criminal charges against the homeowner."

Gilkey said the man has been cooperative in the investigation.

Milton is a small town of no more than 150 on the north edge of Sumner County. Gilkey said there have been numerous reports of burglaries in the northwest part of the county in recent weeks. In fact, he said the very same property where Monday's incident took place was burglarized two days ago while the resident was away.

April 25, 2011

Two people were shot at the scene of a burglary in Sumner County early today. The Sumner County Sheriff's office said deputies responded to a home in Milton at 2:41 a.m.

The homeowner told deputies he woke up to find someone in his house. He got up and found four people on his property. The homeowner fired shots at the suspects who left the scene in two vehicles.

A short time later one of the vehicles was stopped at Kansas Highway 42 and 119th Street West. Sedgwick County investigators found two men with gunshot wounds. One suspect was treated and released and taken into custody for burglary, the other suspect was admitted to Via Christi Health in intensive care.

The homeowner was taken into custody charged with Aggravated Battery.


Comments are posted from viewers like you and do not always reflect the views of this station.
powered by Disqus
KAKE TV 1500 N. West Street Wichita, KS 67203-1323 (316) 943-4221
Copyright © 2002-2014 - Designed by Gray Digital Media - Powered by Clickability 120589154 - kake.com/a?a=120589154
Gray Television, Inc.