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Judge shoots intruder who broke in through window

Richmond County Sheriff Ronnie Strength press conference about the shooting at Judge Overstreet's home, Friday, Aug. 20, 2010.
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John E. Howard Jr. -- the man shot to death by Judge Carlisle Overstreet after breaking into his house Friday morning -- was on probation for three burglaries and a shoplifting offense, according to information from the district attorney's office obtained through an open-records request.

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A Richmond County sheriff's deputy enters the gate at Judge Carlisle Overstreet's home on Cumming Road.   Rainier Ehrhardt/Staff
Rainier Ehrhardt/Staff
A Richmond County sheriff's deputy enters the gate at Judge Carlisle Overstreet's home on Cumming Road.



The 20-year-old Blythe man, whose nickname was "Killa," according to the Richmond County jail's booking sheet, was arrested June 25, 2008, after investigators in Burke and Columbia counties connected him to a June 12, 2008, residential burglary on Maddox Road, and break-ins at Keysville Baptist Church and Blythe Baptist Church.

Most of the items stolen from the Maddox Road break-in -- which was discovered by the victim's mother, who is Judge Overstreet's secretary -- were recovered at pawnshops or at a home where Howard was staying.

Howard told investigators he had done the crimes alone, and charges against the second man were dismissed.

Augusta attorney Jacque Hawk, who represented Howard, said at the sentencing hearing that Howard had been in jail for 9 1/2 months and had not asked for bond because Howard and his family -- his mother and three brothers -- thought Howard needed to spend some time behind bars to think about what he had done and to get drugs out of his system.

Hawk said that Howard was abusing an over-the-counter cold medicine, Coricidin.

Howard was 2 years old when his father died while serving in the military in Korea, Hawk said.

According to police records, Howard had no criminal history before the 2008 break-ins. At that time, he was unemployed after dropping out of school in the 11th grade.

Judge Carl C. Brown Jr. accepted a plea negotiation worked out by the attorneys. He sentenced Howard on May 1, 2009, to serve 10 years' probation. Brown suspended a 1-year prison sentence on the condition that Howard complete a program with the Day Reporting Center.

On Friday night, police announced that they were searching for a second suspect believed to have been involved in the burglary about 4 a.m. at Overstreet's Cumming Road house.

William Omar Jacobs, 22, is being sought by authorities on a charge of burglary in connection with the break-in, according to Richmond County sheriff's Investigator Chris Langford.

At a news conference Friday morning, authorities said Howard and another man, who was later identified as Jacobs, entered the house after throwing a rock through a glass door, and went upstairs.

Overstreet heard voices, got his gun and saw Howard coming down the stairs with a bandana covering his face and socks on his hands. Overstreet fired, hitting Howard in the chest.

Howard was taken to Medical College of Georgia Hospital, where he was pronounced dead. Authorities said no weapon was found on Howard.

"At this point, there is little doubt it was nothing but random," said Sheriff Ronnie Strength, adding, "Physically, the judge is fine but upset."

Strength said the way the men entered the home -- "making that much racket" -- makes police suspect they were not aware Overstreet was inside.

A laptop computer was missing.

According to records published in The Augusta Chronicle, Jacobs, of the 2000 block of Starnes Street, was indicted May 11 on charges of possession of cocaine and a misdemeanor count of family violence battery.

Strength said his office advocates that people be armed and follow the judge's example.

"We support that 100 percent," the sheriff said. "If somebody breaks into your home, we expect and hope that what Judge Overstreet did this morning would be done by any other citizen."

The sheriff said he has known Overstreet for about 45 years and called him a "good marksman."

Friday's break-in wasn't the first at the Overstreet home. On March 12, 2008, a man kicked in the door while Overstreet's wife, Shara, was there.

She told police she was taking a nap when she heard the doorbell ring several times. She ignored it, but then heard a crashing sound.

She went to investigate and saw a man standing in the foyer. The man ran.

The report makes no mention of anything being stolen, and police say they're not aware of anyone ever being arrested in that case.

Shara Overstreet died of cancer later in 2008.

Anyone with information on Jacobs is asked to call the sheriff's office at (706) 821-1080.

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grinder48
2051
Points
grinder48 08/20/10 - 10:24 am
0
0
Article states. "Although a
Unpublished

Article states. "Although a permit is needed to carry a concealed weapon, you can carry a gun in public if it remains in open view." Need to be careful about citing all these laws because GA and SC laws are quite different and our local community is comprised in areas of both. In SC, you can get a permit to carry a concealed weapon but if you carry it openly (i.e., not concealed), you can be arrested for "brandishing a weapon", even if you have a permit to carry, since the permit to carry is to carry concealed.

Nativeson1
2
Points
Nativeson1 08/20/10 - 10:46 am
0
0
I can't believe people are

I can't believe people are curious if the perp was armed or not...It doesn't matter, he was where he had no right to be doing something he should not have been doing...I know it was a bitter pill(bullet) to swallow, but take your medicine...FAIR TAX: Believe it or not liberals carry guns too...Broaden your perspective and stop seeing things as absolute left or right....

da labor guy
0
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da labor guy 08/20/10 - 10:47 am
0
0
I don't wish the dead guy any

I don't wish the dead guy any ill will, but it's not like he was there selling girlscout cookies. He was shot after breaking into someone else's house. If someone did the same to me, I would have a 12 gauge response for them.

TakeAstand
13
Points
TakeAstand 08/20/10 - 10:48 am
0
0
ripjones, you owe me a box of

ripjones, you owe me a box of wipes for my keyboard and screen!!! haha!!!

southernguy08
532
Points
southernguy08 08/20/10 - 10:48 am
0
0
"The greatest fear criminals
Unpublished

"The greatest fear criminals have isn't the law, it is armed victims!"

Nativeson1
2
Points
Nativeson1 08/20/10 - 10:49 am
0
0
NotReallyGA: Well said,

NotReallyGA: Well said, unfortunately you have some who can't think past conservative or liberal..EVERYTHING, and I mean ABSOLUTELY EVERYTHING in their world boils down to political ideology...

ibitebcareful
0
Points
ibitebcareful 08/20/10 - 10:52 am
0
0
NotReallyGa - Let me explain

NotReallyGa - Let me explain it to you. Liberals want to see the good in everyone and don't like guns. Because of our liberal system, this repeat offender was STILL walking the streets! All these liberals on here say "I would have done the same thing." With WHAT? Your son's nerf gun?

lifelongresidient
0
Points
lifelongresidient 08/20/10 - 10:56 am
0
0
hey justice4....oooooooooops

hey justice4....oooooooooops he's not black, goot shot judge overstreet, now it you and the other judges start doing what is necessary and start locking these criminals up and throwing away the key it would help make augusta a much safer place..and when the jails are getting to the point of filling up, why not use your influence to to have our commissionefs vote to build more, and bigger prisions instead of TEE CENTERS, TROLLEYS, CANALS AND BASEBALL STADIUMS!!!!! they can be built later when most, if not all or those who don't want to live within the law are given extremely long sentences...better to pay for a paupers funeral than 3 hots, a cot and free clothes for years and years, or given a slap on the wrist and sent out to commit more crimes

TakeAstand
13
Points
TakeAstand 08/20/10 - 10:57 am
0
0
Anyone in my house at that

Anyone in my house at that hour or anyone I dont know anytime of the day will meet the same fate. Glad Georgia changed that law. Innocent law abiding citizens shouldn't have to wait to try to figure out if a waste in your home is going to kill your whole family or just take a few items.....you protect your family first ask questions later!!!!! Even if they are just going to take property you should be able to protect it, you earned it, its yours, and no entitlement mentality loser should be able to take it from you!! Sorry for his family, but hey....occupational hazard!!!

pommom38
1496
Points
pommom38 08/20/10 - 10:59 am
0
0
The second guy is counting

The second guy is counting his lucky stars right now!!
So, let me get this straight, in the state of SC, I can freely have a gun in my home and shoot when someone breaks in? I don't need permit and all that bs??

Fiat_Lux
16419
Points
Fiat_Lux 08/20/10 - 10:59 am
0
0
This is a great story. I wish

This is a great story. I wish the same thing would go down with more public officials who would alter or limit our rights as citizens to protect ourselves, say several members of the 8th Circuit COA and certain members of SCOTUS. They might get a clue about the nation instead of groovin' away over the insides of their own stupid skulls.

TakeAstand
13
Points
TakeAstand 08/20/10 - 11:00 am
0
0
Exactly southern guy and

Exactly southern guy and ibite!! Citizens shouldn't even be in the position to have to defend themselves from these losers, especially the violent ones and these idiot bleeding hearts let them go the most!!! Jail or prison is a joke to them and just a temporary set back, it isn't real punishment they can comprehend or learn from!!

TakeAstand
13
Points
TakeAstand 08/20/10 - 11:01 am
0
0
I don't know about SC pommom,

I don't know about SC pommom, But GA definately. I'll see what I can find on a site for you to check out.

TakeAstand
13
Points
TakeAstand 08/20/10 - 11:02 am
0
0
I agree fiat, too bad the

I agree fiat, too bad the only victims of these losers can't be the bleeding hearts who dont want them punished and enable thier entitlement, no respect for anyone mentality!!

Chillen
17
Points
Chillen 08/20/10 - 11:03 am
0
0
pommom You have U.S.

pommom You have U.S. Constitutional right to bear arms. It doesn't matter what state you live in.

If you want to buy a gun in SC, they will do a background check on you (to make sure you aren't a felon). That should be all you need to do!

pommom38
1496
Points
pommom38 08/20/10 - 11:19 am
0
0
Ty Take and

Ty Take and Chillen:)
Sometimes it is confusing on what is or isn't allowed. I don't want to take a gun everywhere I go, but would like one here just in case.

TakeAstand
13
Points
TakeAstand 08/20/10 - 11:20 am
0
0
Pommom, I can't be sure. Ga

Pommom, I can't be sure. Ga has a Castle law with no duty to retreat and stand your ground, and SC also has the same law, but everywhere I look there are little notations with it, so I can't be sure if its just burglary or iminent danger. Sorry I can't be of more help. As usual, kind of like the lack of SC street signs, SC doesnt make itself very clear. lol Here is the SC link though http://www.scstatehouse.gov/code/t16c011.htm

MeinAugusta2
39
Points
MeinAugusta2 08/20/10 - 11:22 am
0
0
I hope it is the same guy who

I hope it is the same guy who recently broke into my home! I would be so thrilled!

TakeAstand
13
Points
TakeAstand 08/20/10 - 11:24 am
0
0
That same page which is dated

That same page which is dated close of assembly 2009 says this: "SECTION 16-11-340. Required placards in retail establishments as to consequences of conviction of armed robbery.

The South Carolina Department of Revenue, with funds already appropriated to the department, shall print and distribute to each business establishment in this State, to which has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:

"BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY ANY PERSON CONVICTED OF ARMED ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN SEVEN YEARS AT HARD LABOR WITHOUT PAROLE."

Such placard shall be prominently displayed in all retail establishments to which they are issued.

Now when was the last time you seen prisoners actually doing hard labor for their sentence. They should.... but they dont!!!!!! Every victim of these crimes, especially of the repeat offenders should protest as they didn't get the justice the law provides for. See what I mean about its never clear? You have to hire a lawyer to try to determine what your rights are, and even then you need to get that in writing from them because they too can misinterpret it.

ripjones
2
Points
ripjones 08/20/10 - 11:25 am
0
0
TakeAStand -- Tell me where

TakeAStand -- Tell me where to send them. Scented or unscented ??

rmajor
8
Points
rmajor 08/20/10 - 11:32 am
0
0
"PUPPYMOMMA" you are right.

"PUPPYMOMMA" you are right. The judge obtained his weapon under legal laws. He was at home in his bed, not breaking the law and a burglar came in. I betcha that burglar won't be overcoming nothing else. This was justice. I am not about killing anyone, however, these conditions are clear cut and this man had no business in this judge's home. It doesn't matter if he is a judge or normal homeowner, who knows, this man could have harmed him or his family. We only know that this criminal is dead. What if the situation was the other way around? Nah! This time. The judge did what he could legally do in his home, with the right to carry a firearm.

ruudvonbaron
0
Points
ruudvonbaron 08/20/10 - 11:34 am
0
0
In SC you don't need a permit

In SC you don't need a permit to own a gun. You can shoot anybody who breaks into your home. You can carry a gun in your car concealed in your glove compartment or center console without a permit. You can't carry concealed without a permit however and you can't open carry.

omnomnom
3964
Points
omnomnom 08/20/10 - 11:37 am
0
0
A comment about Overstreet's

A comment about Overstreet's lax judgements coming home to roost would be superfluous at this point, but it ain't gonna stop meh.

Real E Bugged
0
Points
Real E Bugged 08/20/10 - 11:50 am
0
0
Justus…. You really live in a

Justus…. You really live in a fantasy land. My house was just broken in to for the second time in 9 months. Fortunately I wasn’t home either time. If I had been they would have been dead as a door knob, two to the chest one in the head. They came in my home to cause harm. However the second time they found my weapon and took it. Now it’s on the street. Let’s hope next time you are out for stroll on Broad St or River Walk to enjoy a nice evening you don’t have a punk jump out and stick that barrel in your face and demand your money! When you start to tell him how you understand how he has been oppressed and hasn’t been treated fairly, and you want to help him overcome. If they just don’t shoot right off their going to tell you “Shut the*&%#! up and overcome with your wallet.” Wake up and realize some people are bad because they want to be bad and you can’t fix that!

Taylor B
5
Points
Taylor B 08/20/10 - 11:50 am
0
0
I'm surprised he didn't have

I'm surprised he didn't have a security system. How could you hold a position in the community as he does and not? I have one (and a gun, and attack cats) and they aren't that expensive.

Johnny Rotten
0
Points
Johnny Rotten 08/20/10 - 11:54 am
0
0
Taylor B - He did/does. As

Taylor B - He did/does. As his call was coming into 911 the alarm company was also calling them. Dispatcher knew both things from the get go....even told responding deputies which door.

Johnny Rotten
0
Points
Johnny Rotten 08/20/10 - 11:57 am
0
0
It was interesting to listen

It was interesting to listen to until they realized whose house it was and the big bossman got woke up and told everybody to shut up on the radio.

Sheriff, I think that was a good call by the way.

Austin Rhodes
2970
Points
Austin Rhodes 08/20/10 - 11:57 am
0
0
He has a 90 second delay on

He has a 90 second delay on the alarm...which apparently went off LOUD about the time the shot was fired. 90 seconds is WAY too long for such a thing...

Johnny Rotten
0
Points
Johnny Rotten 08/20/10 - 12:00 pm
0
0
Austin, you know where to

Austin, you know where to find the scanner audio if you want to listen. The call from the judge and call from alarm company overlapped.

Austin Rhodes
2970
Points
Austin Rhodes 08/20/10 - 12:01 pm
0
0
Johnny...shoot me the exact

Johnny...shoot me the exact link please...austin@wgac.com

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