(AZ) Police say shooting of burglar was self-defense 12-11-03

March 1st, 2012

http://www.azcentral.com/arizonarepublic/local/articles/1211deadburgla
r11.html
Man protecting his home shoots burglary suspect
Regrets taking a life over a drill
Judi Villa
The Arizona Republic
Dec. 11, 2003 12:00 AM

Jorge Portillo said he didn’t have a choice.

He and his father chased a man from Portillo’s home, hoping to stop him
for police and get back a stolen drill. But when the suspect tried to
run them off the road and then pointed a gun out the window at them,
Portillo said he had to do something he never thought he’d do: shoot at
someone.

“My life was threatened at the time. I had to protect myself and my
dad,” the 24-year-old said Wednesday.

“I wasn’t going to wait for him to shoot first.”

Justin Russey, 22, was hit by at least one bullet and lost control of
the pickup truck he was driving, rolling the vehicle onto its side and
sliding into a fence. He died at the scene.

“I feel bad, especially when you see his face,” Portillo said. “Over a
drill. I’m sorry.”

Phoenix police say the shooting was self-defense and they will not seek
charges.

Russey had a string of arrests since 1999, for shoplifting, burglary,
theft, forgery and drug possession.

The truck he was driving was stolen and contained loot from another
burglary, police said. A gun also was found.

“People are fed up with thieves and burglars ripping them off,”
Detective Tony Morales said.
“They happened to catch this guy in the act, and they did what they
thought was right. . . . I don’t fault them at all for that.”

Portillo said he wanted to stop Russey because he felt police otherwise
would not be able to find him.

Still, he said, if he had to do it again, he wouldn’t chase Russey. Not
for a drill.

“I got real mixed emotions right now,” Portillo said. “I took somebody’s
life.”

Portillo’s family gathered Tuesday to hang Christmas lights at the west
Phoenix home he shares with his wife and two daughters.

Shortly after they finished, Portillo realized he had left the garage
door up and stepped out to close it.

He saw someone run from the garage and throw something in a truck. It
was the drill Portillo borrowed to hang lights.

Portillo immediately grabbed keys and a gun and left with his dad.

His wife, Sabrina, locked the children in a bedroom. Her sister called
911.

“Everything happened so fast,” Sabrina said. “It was so scary. There
were people home. We didn’t expect it.”

Portillo said he and his father initially didn’t see the suspect when
they drove off.

After Sabrina called to say police had arrived, the pair headed home.
That’s when Portillo said they spotted Russey at 59th Avenue and Buckeye
Road.

“Pull over! Pull over!” Portillo yelled.

Portillo said Russey tried to ram his father’s truck. Again, Portillo
yelled at the man to stop. Then he saw the gun.

“I reacted and fired back,” Portillo said.
“It feels bad. It’s a human being that you took his life. For nothing.”