(CA) Justifiable homicide 06-10-04

AV Press: Intruder killed in apparent robbery
Address:http://www.avpress.com/n/thsty10.hts
Intruder killed in apparent robbery
This story appeared in the Antelope Valley Press on Thursday, June 10,
2004.
By NICOLE JACOB
Valley Press Staff Writer

LLANO – A trespasser was shot and killed at a private storage facility
Tuesday when he was confronted by the property owner, sheriff’s
officials said.

Enrique Higuera, 33, was reportedly dead at the scene after being shot,
and the property owner held a second trespasser at gunpoint as he waited
for deputies at the rural site in the 17000 block of Avenue T-8.

Higuera was allegedly armed and brandished his weapon at the property
owner in the moments before he was shot, according to L.A. County
sheriff’s homicide Sgt. Alec MacArthur.

The sergeant would not reveal what type of weapon Higuera was allegedly
holding, but said the property owner felt he was in danger.
Detectives believe the shooting was justifiable and expected to submit
their report to the district attorney’s office today for a final
decision, MacArthur said.

The property owner discovered the two men on his property just before
noon Tuesday. He told investigators he had been staying there after cars
and car parts had been stolen, including one last week.

“He hoped to catch someone doing something, and he did,” MacArthur said.

The intruders were confronted by the property owner, who also was
communicating events to his wife through a Nextel two-way radio. She
relayed the information to a 911 operator.
Higuera allegedly brandished his weapon at the property owner and the
owner fired.

“He felt he was in danger, so he used the force that was available to
him,” MacArthur said.

Deputies questioned the property owner but did not arrest him. They
arrested the surviving trespasser on suspicion of attempted grand theft.
MacArthur said he potentially could face a murder charge since his
accomplice died while they were allegedly committing a felony. The
district attorney’s office will decide on all charges.

Higuera, who also used the name Jesus Enrique Higuera, was listed as a
Mexican national but was in California on a long-term basis, according
to sheriff’s officials.

His last known address was in the 36000 block of Avenue T, L. A. County
Coroner’s officials said.

The Second Amendment IS Homeland Security!!!