DAVENPORT – An Iowa man cited by police after firing his shotgun to scare off intruders attempting to kick in his door says he’s not guilty and will stand trial in May.
On Friday, March 31, 2017, at approximately 5:12 AM, Davenport, Iowa police responded to 2300 Gaines St. in reference to a shots fired call. The resident, 30-year-old Brandon Wagner, reported he was woken up to the sound of his back door being kicked in. Wagner armed himself with a shotgun and confronted several subjects on his porch.
When the subjects saw Wagner was armed they ran from the residence. Wagner said he shot a round off in the air as the subjects were running away. The subjects got into a vehicle and sped off in the alley at which time Wagner said he fired another round in the air.
As a result, Brandon Wagner was cited for Discharging a Firearm in the City Limits. Police detectives were conducting follow up on the attempted burglary to Wagner’s residence.
Wagner has entered a not-guilty plea and will stand non-jury trial on May 15.
Notice that this case shows that warning shots are illegal. You can’t even point a firearm at a criminal as you might get charged with assault or intimidation. In my non-lawyer opinion you are only allowed to shoot to kill. You no longer have to flee leaving behind your children, you can now stand your ground and defend the lives of your family or yourself. This applies to anywhere on your property. A criminal might claim to accidentally walk onto property from seed corn field. I put up an electric fence, no one accidentally crosses one of those. Criminal intent is clear therefore a threat to my life as far as I’m concerned.
Many of the criminals around here do not speak English, do not be surprised if they ignore any verbal warning. Hand gestures are recommended. Watch out for the common one finger salute, I found out that they consider it a reason pull up with a bus load and come after you. I would be another unsolved murder had I not been armed! Also remember to have plenty of full magazines handy. They travel in bus loads around here so you may have fight off many of them. You can’t really blame police for being afraid to answer 911 calls.
With all the illegals activity in small town Iowa I always carry a rifle or sidearm around my property. Experience shows that local law enforcement will not show up in time if they show up at all. My understanding, as non-lawyer, is that you do not need concealed carry permit on your own property. Keep self defense legal and lethal. Dead thugs don’t sue or lie to the police.
I would let the home invaders break down the door then shoot them inside my home. Anything less than that and anti gun lawyers attack you, not the criminals. My reading, as a non-lawyer, is that confronting home invaders outside your home would be considered starting a fight. Iowa law clearly states that you can not claim self defense in such a case. The thugs have to come to you.
Sounds like this guy might have taken advice from Joe Biden.
Criminal justice – a high ranking detective in the MC police dept told me 50 years ago if you shoot someone out side of your house – put your gun down and drag the victim back in your house – case closed .
You are the victim, not the criminal you are forced to shoot in self defense. Don’t call violent thugs “victims” just because they get shot while committing a crime!
Maybe he acted on the advice of Joe Biden.