Crime & Courts

Richmond Co. | Columbia Co. | Aiken Co. |

Shooting of nighttime intruder called citizen's arrest

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It was almost midnight Sunday when someone crept onto Robert Perkins' lawn and broke into his Ford pickup.

Across the street, somebody was watching.

Monique Gunby had just awakened and peered out her window after she heard dogs barking. As she saw someone inside the truck, she called her neighbor and the police.

Her husband, Brete, grabbed his 9 mm handgun and went outside to stop the intruder, according to a Richmond County Sheriff's Office report. When the intruder ran, Gunby followed. The chase lasted nearly 100 feet, with the suspect throwing an ice scraper and a calculator at Gunby along the way.

Capt. Scott Peebles said the fleeing man reached into his pocket a third time, which Gunby took as a threat. He raised the 9 mm and shot 19-year-old Milo Frederick Hayes III in the abdomen.

"He was basically intervening, trying to effectively citizen arrest and hold the individual until the police got there," Peebles said. "He did for his safety." It was a nonlife-threatening wound. When Hayes is released from Medical College of Georgia Hospital, he will be arrested and charged with entering an automobile, Peebles said.

For the man who shot him, no charges are expected. In the eyes of the law, it was a citizen's arrest.

State law says a resident cannot use deadly force in defense of property, but Peebles said Hayes' threatening gesture was enough to justify the shot.

Criminal defense lawyer John Garcia said citizen's arrests are often upheld in court.

"If he's trying to at least keep tabs of the guy, if not catch him -- it's a lawful act," Garcia said. "Each person has to figure out if they would have said, 'OK, he's off the property, I'm just going to let the cops handle it.' But within the law there is such a thing as a citizen's arrest."

He said that although Gunby began chasing Hayes in defense of his neighbor's property, a court could see justification in using his gun when Hayes made a threatening gesture, and juries would agree.

"The number of cases in which criminals are shot and successfully prosecute the people who shot them are not very many," Garcia said. "It gets to a jury and a jury acquits because they see a someone being shot for being a criminal."

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saltine
281
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saltine 08/16/10 - 11:06 am
0
0
Umbrella in his pocket? Good

Umbrella in his pocket? Good answer!

esmc68
0
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esmc68 08/16/10 - 11:11 am
0
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Gunby had a gun. Lets follow

Gunby had a gun. Lets follow Gunby's lead, shoot first ask questions later.

bdouglas
4978
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bdouglas 08/16/10 - 11:18 am
0
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Now that's the kind of

Now that's the kind of neighbor I want to have! Good on him.

"'...until the deputies got there,' Pletcher said." Was trying to figure out who the heck "Pletcher" was until I read the last paragraph. Don't they teach that you introduce people/things the FIRST time they're used in a story, then use the shortened version/last name/acronym every time it's used after in journalism school still? Shoddy writing...or editing, one.

fontana
0
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fontana 08/16/10 - 11:27 am
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Will this turn out to be

Will this turn out to be about race?

fish2
0
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fish2 08/16/10 - 11:31 am
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For all you thieves out

For all you thieves out there--your next.

storiesihaveread
358
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storiesihaveread 08/16/10 - 11:34 am
0
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Way to go Anthony good

Way to go Anthony good shooting. Let's hope the DA will drop it!!!! As far as a race issue I don't thing so because Anthony is African American .

johnston.cliff
2
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johnston.cliff 08/16/10 - 11:51 am
0
0
An armed society is a polite

An armed society is a polite society. With more people armed, more would be polite ... or in the bed next to Milo.

themaninthemirror
0
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themaninthemirror 08/16/10 - 12:03 pm
0
0
I would like to shoot the

I would like to shoot the people responsible for stealing my car.

flipa
35
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flipa 08/16/10 - 07:58 pm
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We pray the property tax

We pray the property tax money we have paid not be used to prosecute Gumby who was protecting the property tax payers and defended himself from an attack by a criminal caught in the act of a crime. Join the National Taxpayers Union. Redirect your property taxes from being used against U.S. as now, back to being used for U.S as claimed.
www.NTU.org

Patty-P
3516
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Patty-P 08/16/10 - 12:18 pm
0
0
I bet if that had been me

I bet if that had been me having to shoot to protect myself, I would have been arrested.

ripjones
2
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ripjones 08/16/10 - 12:39 pm
0
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The D.A. surely would not be

The D.A. surely would not be dumb enough to charge the law-abiding citizen who WAS NOT breaking into a truck. Getting scum off the street should be praised. We're helping them do their job. They can't be everywhere, and the stupid criminal chose to not listen to Mr. Gunby.

Trouble
2506
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Trouble 08/16/10 - 01:34 pm
0
0
tumble hun, he got the guy

tumble hun, he got the guy off the streets, and for that we can be happy, but you are right, if he had more target practice, we would not be footing the bill

baronvonreich
0
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baronvonreich 08/16/10 - 01:37 pm
0
0
Gunby should have just shot

Gunby should have just shot him until he was dead. A dead perp can't testify.

montega12
0
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montega12 08/16/10 - 02:37 pm
0
0
im willing to bet this guy

im willing to bet this guy will be charged for the shooting it wasnt his property nor was the guy on his property and this will get twisted so yeah i think the shooter is gonna get into some trouble.....

pinky2010
0
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pinky2010 08/16/10 - 03:21 pm
0
0
Well its sad that someone

Well its sad that someone property is getting broken into, but sad that someone who had nothing to do with the issue felt like he could just shoot and ask questions later. SO FOR THOSE OF YOU WHO HAVE SOMEONE COMING ON YOUR PROPERTY AN WANT THEM TAKEN OUT; JUST FIND GUNBY (YOU HAVE HIS ADDRESS) HE WILL BE GLAD TO SHOT FIRST AND ASK QUESTIONS LATER. AT NO COST TO YOU...JUST BECAUSE HE IS DOING HIS COMMUNITY SERVICE.

chascush
0
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chascush 08/16/10 - 03:31 pm
0
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Gunby will probably get in

Gunby will probably get in trouble as it will become a racial issue. Jackson and Sharpton will probably put their 2 cents in and Hussein will most likely say Gunby acted stupidly.

crackerjack
150
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crackerjack 08/16/10 - 03:52 pm
0
0
Hey Pinko, It's a good thing

Hey Pinko, It's a good thing he didn't have my .410/45 derringer, as we might not have a hospital bill to pay.

CorporalGripweed
0
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CorporalGripweed 08/16/10 - 03:57 pm
0
0
Better to be judged by twelve

Better to be judged by twelve than carried by six.

ronsgood911
0
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ronsgood911 08/16/10 - 04:09 pm
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thats what am talking bout

thats what am talking bout cuz, next time shoot higher and save it from spreading! PROUD OF YOU!

augusta citizen
9317
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augusta citizen 10/19/12 - 04:10 pm
0
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..

..

airbud7
1
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airbud7 08/16/10 - 04:28 pm
0
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pinky2010 why would you say

pinky2010 why would you say he had(nothing to do with the issue) didnt you read the part (Gunby spotted Hayes inside his neighbor's truck) what kind of neighborhood do you live in? da hood!

KingJames
10
Points
KingJames 08/16/10 - 04:33 pm
0
0
Gunby did the right thing.

Gunby did the right thing. People saying he shot first and asked questions later should read this story again. He told Hayes to stay at the scene until deputies arrived, but Hayes didn't do it. Hayes had an umbrella in his pocket. Haven't you folks ever heard of those small umbrellas that fold up so they can be carried in a purse? When you don't know if someone has a gun or not, but you know for sure they are coming at you and you have a gun, the best thing to do is shoot. I'm willing to bet Gunby's neighbors are glad he lives near them. Also, how can this turn racial?

KingJames
10
Points
KingJames 08/16/10 - 04:34 pm
0
0
Airbud, a better question who

Airbud, a better question who be, "Pinky, what kind of neighbor are you?"

nofrills
0
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nofrills 08/16/10 - 04:41 pm
0
0
Gunby- your my new hero, Take

Gunby- your my new hero, Take notice punks and thugs. Keep your hands off what isnt yours. If the Da has any sense he will give Gunby a medal for doing the cops work but in all fairness, the police can't be everywhere.

55 F-100
1
Points
55 F-100 08/16/10 - 04:44 pm
0
0
Hey Milo............Smile,

Hey Milo............Smile, wait for the flash!

dominionfs
0
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dominionfs 08/16/10 - 04:58 pm
0
0
Wassamatter Pinky, your

Wassamatter Pinky, your chosen occupation just get a little more dangerous?
My only concern about this story is that Milo is still sucking wind.

obkad
222
Points
obkad 08/16/10 - 04:58 pm
0
0
Gunby did the right thing and

Gunby did the right thing and the wrong thing. First he used deadly force to subdue a suspected car theif (right thing). Second he defended himself from what he preceived to be a weapon which if used correctly could mame or kill (right thing), third, he did not kill the perp. He now sets himself up for civil action for pain and suffering. (wrong thing). Moral of the story, SHOOT TO KILL.....

natchez
0
Points
natchez 08/16/10 - 05:28 pm
0
0
Great, way to go Gunby we get

Great, way to go Gunby we get a $50,000 medical bill over a stolen umbrella.

ArmedandLegal
0
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ArmedandLegal 08/16/10 - 05:55 pm
0
0
Natchez = reading

Natchez = reading comprehension fail.

This wasn't the first car this guy had broken into.

And if he hadn't shot the guy? Would we be reading about a dead citizen? Good job Gunby, thanks for having the courage to do what a majority of armchair generals around here only dream of being able to do.

storiesihaveread
358
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storiesihaveread 08/16/10 - 06:33 pm
0
0
Natchez every time I go to

Natchez every time I go to the store I see people buying food with a govt issued card. These people are healthy young adults eating better then me. I am sure it is more than 50,000 to feed these fine young healthy adults with 3 to 4 kids.

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