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Lilburn motorist in wrong driveway shot dead

Suburban Atlanta man, 69, facing murder charges

Tuesday, Jan. 29, 2013 7:04 AM
Last updated 6:26 PM
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LILBURN, Ga. — Police say a 69-year-old suburban Atlanta man faces a murder charge after authorities say he shot and killed a 22-year-old man who had pulled into his driveway.

 Gwinnett County Jail records show that Phillip Walker Sailors was being held on a murder charge after the Saturday night shooting in Lilburn, northeast of Atlanta.

 An arrest warrant states that 22-year-old Rodrigo Abad Diaz of Duluth was shot in the head as he tried to drive away from Sailors’ home.

 Sailors’ attorney, Michael Puglise, tells The Atlanta Journal-Constitution that he was home with his wife late at night, and assumed the young man arrived for a home invasion.

 Puglise says Sailors was defending his home and maintains his innocence.

 Lilburn police declined to release additional information about the circumstances of the shooting.

___

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Mavis Black
42
Points
Mavis Black 01/29/13 - 08:21 am
5
14
Gun Control

That is a perfect example of why some people should not have guns

Willow Bailey
20580
Points
Willow Bailey 01/29/13 - 08:34 am
14
4
I agree dear Mavis. Nor

I agree dear Mavis. Nor should they have cars or driveways.

Little Lamb
46052
Points
Little Lamb 01/29/13 - 08:37 am
13
2
Missing

So much is missing from this story. We learn that the car arrived at the driveway late at night. Then we read that the shooting victim was trying to drive away. Who witnessed that, other than the shooter? The shooter says he was defending his property. Who can testify otherwise? The shooter says he was fearful. Who can testify otherwise?

I'm Back Again
307
Points
I'm Back Again 01/29/13 - 09:08 am
0
1
The AC always publishes
Unpublished

The AC always publishes stories with tidbits of information just to stir up opinions and problems. Hey AC, I suggest that any time you have to use the phrase "no other information was available" you don't write the story until you have it. This is not a breaking news story where the public needs to know any kind of info for their safety. Wouldn't it be better if you waited a few extra days and tell us all exactly what happened?

bugfree
7
Points
bugfree 01/29/13 - 09:08 am
5
3
why??

Without knowing every detail, it's hard to imagine many scenarios where this would have been 'okay.'

OpenCurtain
10049
Points
OpenCurtain 01/29/13 - 09:14 am
5
2
AP Story Lacks depth - SIB$ whats your take?

this is closer to your neck of the woods.

I was only able to find out that:

There was a group young adults in the car,.

According to reports the GPS sent them to the wrong house #. (Indian Hill and Hillcrest Road).

A Gwinnett area prone to home invasions and burglaries in recent history.

The shooter came outside to see what was going on,
Went back in the house got a 22 cal pistol,
Came back out fire a warning shot in the air,
The group started to leave,
and the home owner fired at the vehicle hitting and killing the driver with a head shot.

All INITIAL indications are this was a Bad Shoot.

JRC2024
8884
Points
JRC2024 01/29/13 - 09:25 am
8
2
No threat when someone is

No threat when someone is leaving and no shot was justified in my opinion. This homeowner was just wrong. I turn around in peoples driveways everyday. That does not constitute a threat to anyone or indicate that a home invasion is about to take place.

HenryWalker3rd
2393
Points
HenryWalker3rd 01/29/13 - 10:01 am
3
11
Gun Freaks
Unpublished

Many posters.

There is no defending this situation. Its on;y goning to get worse.

Jordan Davis, google news him.

Willow Bailey
20580
Points
Willow Bailey 01/29/13 - 10:05 am
8
1
No, it doesn't JRC. And if

No, it doesn't JRC. And if that is what it turns out to be, the homeowner will have to individually answer for his actions and accept his legal and personal consequences. I just can't abide those who use any excuse to jump on the bandwagon for gun control.

seenitB4
87385
Points
seenitB4 01/29/13 - 10:22 am
4
0
Not much info here

http://www.ajc.com/news/news/man-69-accused-of-killing-man-who-went-to-w...

If I hear more I will post .....something does seem strange though....if someone pulled in your drive to turn around/or by mistake....wouldn't that happened within a minute or so....not enough time for homeowner to go out & get upset.....sooo did he go to the door first...so much we don't know yet...& yes the older generation are scared of breakins & such...& we have had a lot lately....esp with trucks/cars ...even in driveways...

faithson
5158
Points
faithson 01/29/13 - 10:22 am
2
6
motivation

what motivates one to point and shoot at a car that has pulled into their driveway. FEAR... this overzealous mind set that inculcates many 'simple' people' with FEAR is ludicrous. Sure have a plan to be secure in your home, but when this 'plan' over stretches to killing someone who turns around in your front yard, something is out of kilter.

seenitB4
87385
Points
seenitB4 01/29/13 - 10:42 am
1
0
Things are getting rough in Hot Atlanta..

ATLANTA —

Police say a R&B singer was carjacked at gunpoint in Midtown Atlanta and one of the suspects has been arrested.

Authorities say singer Robert Wilson — known as Bobby Valentino — parked a red 2013 Bentley in a lot outside the Hot Beats Recording Studio on Spring Street near 14th Tuesday night and was approached by two armed robbers. Police say Valentino complied with the men and they drove away in the car.

An off-duty lieutenant heard a call over police radio about the incident and found the luxury car abandoned nearby at the Arts Center MARTA station.

allhans
23676
Points
allhans 01/29/13 - 11:05 am
10
1
How long does it take to turn

How long does it take to turn around at a driveway...it shouldn't take that long..the shooter went back into his house to get the gun....I would think that the driver would have been long gone.

KSL
129958
Points
KSL 01/29/13 - 11:16 am
8
2
The group in the car did not

The group in the car did not start to leave until the resident had time to go get his gun and come back out, firing a warning shot? Hmmmmm.

Jake
32570
Points
Jake 01/29/13 - 11:17 am
3
1
Long gone

Maybe he was looking at a map or cell phone to get the right directions to where he really wanted to go. Who knows?

@malcolm33 - Do you mean Assoc Press? I think you are using a word that may get your post sent to the nether regions. I am sure you will find some of mine in there as well.

seenitB4
87385
Points
seenitB4 01/29/13 - 11:33 am
9
1
Some tactics used by thugs

This has been used in Gwinnettt....near some friends of mine btw....carload of teens/young adults approach a house & ask (if door is answered)for an individual/or address....false name..just checking for empty residence or not.....a family was approached just like this....came back & wanted to use phone....said they had an emergency....owner passed cell through door & they pushed in when she did,....they tied up both the 60ish man/wife....raped her....took some money-watch-& goods....also suv in driveway....they were coming back for more goods/or maybe finish the job by killing them WHO KNOWS..but owner had gotten loose & called police....they were caught....this was a few miles from the Lilburn incident.......yes many are uneasy in todays world....IMAGINE THAT!!!

Riverman1
84121
Points
Riverman1 01/29/13 - 12:09 pm
9
0
I'd like to know more about

I'd like to know more about the crowd in the car.

Sean Moores
385
Points
Sean Moores 01/29/13 - 12:11 pm
2
0
@ Jake 10:17

Good call. I told him to change the word and repost. Nothing wrong with the comment otherwise.

Willow Bailey
20580
Points
Willow Bailey 01/29/13 - 12:55 pm
9
1
I liked new poster malcom33's

I liked new poster malcom33's comment. If I remember correctly, it was about the press using stories like this one to further the furher's agenda.

Sweet son
10415
Points
Sweet son 01/29/13 - 01:05 pm
3
2
Fox 5 Atlanta Video

http://www.myfoxatlanta.com/story/20757122/man-killed-after-pulling-into...

Don't think that if you come out of your house and confront a vehicle load of young people that "you are in fear for your life." I think if you check that would be the precursor for use of deadly force! We don't have all of the details but by police having probable cause to arrest Mr. Sailors I think he is in a bit of trouble.

Willow Bailey
20580
Points
Willow Bailey 01/29/13 - 01:36 pm
6
3
I would like to know the time

I would like to know the time of night this took place; whether their friend lived anywhere nearby; whether they have any criminal record, etc.
There are many details to be revealed. I can understand why Mr. Sailors was concerned. It appears he does live in a remote, rural area.

It is in fact, foolish to turn around in anyone's driveway, particularly late at night. This should serve as a warning to both sides of the circumstance.

palmetto1008
9782
Points
palmetto1008 01/29/13 - 01:50 pm
3
6
You certainly live in a
Unpublished

You certainly live in a different world than I do, Willow.

Little Lamb
46052
Points
Little Lamb 01/29/13 - 02:22 pm
8
1
Overcharge

Lilburn P.D. is using the tried and true police tactic of charging a suspect with a crime much higher than the facts dictate, in order to have bargaining leverage to accept a guilty plea to a much lesser charge.

Humble Angela
41338
Points
Humble Angela 01/29/13 - 02:31 pm
7
3
I like guns and my right to
Unpublished

I like guns and my right to bear arms. Does that make me a "freak" too? Oh how the liberals love to call names.

Willow Bailey
20580
Points
Willow Bailey 01/29/13 - 02:37 pm
3
3
I live in a privileged world,

I live in a privileged world, palmetto, with a private electric gate and video monitored security system .

dichotomy
33036
Points
dichotomy 01/29/13 - 04:32 pm
7
2
I expect there is more to

I expect there is more to this, but the bottom line is the guy is wrong if he fired as the car was departing. I'm suspicious of the story about the GPS taking them to the wrong place though and would like more background on the people in the car. It's curious that the police "declined" to release more information that they apparently have. I suspect the guy was right to be apprenhensive of this crew of late night visitors but wrong to shoot when they were leaving.

Food for thought for the "late night" crowd. Don't mess with a 69 year old man who is capable of a head shot in a moving target. My guess is the 69 year old guy just scratched one off of his bucket list that he's been wanting to do for 30 years.

jack2006
95
Points
jack2006 01/29/13 - 06:00 pm
1
5
Today’s Online Mapping System – vs – The Paper Map

If you are depending on using your car’s GPS, think again. Even using a cellphone’s GPS and TomTom device, they are a little bit off in the navigation in some areas. Still, I have to make some adjustments but while making those adjustments DO NOT constitute me getting my brains shot out because I am making those adjustments in front of your residence or your business in a stationary position instead of while driving. It’s sad but it is true. We have all heard about Apple’s mapping system gone array and causing some executives their jobs.

At any rate, just because you decide to turn around in my driveway, doesn’t give me the right to go and pick up a gun to make you leave or punish you for just making that turn around in my driveway. I wouldn’t have even opened up the door or went outside but if you have made your way into the resident without being invited is a very different story to contend with.

Fear will always over mass your thought process when people are constant being fed Fear to you for a PROFIT by others. You with those guns will always FEAR that you are under siege by something or someone in which will harm your judgment one day and end you up in JAIL.

Far as the ones that want more information, I would like to see AC printing the full story that is printed on other news websites when they try to use it on theirs.

soitgoes
786
Points
soitgoes 01/29/13 - 06:29 pm
3
2
There's a line...

You can defend your life and property INSIDE your home, but not OUTSIDE. You have to give the perpetrator a chance to leave. But if they enter your home, then you are justified in using reasonable force - including deadly force - to defend and protect yourself. Always, always, always make sure if you shoot someone, they fall IN the door and land inside.

happychimer
17688
Points
happychimer 01/29/13 - 07:09 pm
2
1
doitgoes that is no longer

doitgoes that is no longer the law in Georgia.

palmetto1008
9782
Points
palmetto1008 01/29/13 - 07:34 pm
2
3
or, famously, Florida
Unpublished

or, famously, in Florida

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