Monday, January 05, 2004

Injured burglary suspect charged

By KEVIN DeVALK
Times Staff Writer

CLIFTON SPRINGS ? The teenager who sheriff?s deputies say was shot as he tried to break into a King Road house early Saturday has been charged, but the homeowner won?t be.

Nathan J. Rosekrans, 16, of 3145 Route 96, Clifton Springs, is accused of second-degree attempted burglary and possession of burglars? tools.

Ontario County Sheriff?s Deputies said Rosekrans was trying to break into David Hayes? King Road home shortly after 2 a.m. when Hayes fired three rounds at him, from a window, using a .22-caliber rifle. Deputies said that Rosekrans ran away and was found soon afterward along Route 96 near Prestige Acres.

One shot hit him just below one of his eyes. He was flown by Mercy Flight to Strong Memorial Hospital in Rochester, where he was treated and released. Inv. Jim Miller said the bullet is still lodged in his face.

Ontario County deputies received a 911 call at 2:19 a.m. reporting the burglary, and Hayes fired the rounds while waiting for deputies to arrive.

District Attorney R. Michael Tantillo said that under state law homeowners have the right to use deadly force against an intruder when their home is being broken into.

Tantillo said Rosekrans had a knife.

Rosekrans was arraigned in Manchester Town Court and sent to the Ontario County Jail, in lieu of $10,000 cash bail or $20,000 bond.

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Reader Comments

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Posted: Tuesday, January 06, 2004
Article comment by: Todd Hiner

Let us always remember our right to keep and bear arms is especially designed to protect ourselves from threatening intruders. Always be vigilant in the protection of our homes! Good-guys 1 Bad-guys 0

Posted: Tuesday, January 06, 2004
Article comment by: Pete Kuckenberg

Any bets on how long it will take the mainstream media to cover this story?

Posted: Tuesday, January 06, 2004
Article comment by: Dave Molina

“[T]he said constitution [shall] never be construed to authorize congress…to prevent the people of the United States, who are peaceable citizens, from keeping their own arms…” Samuel Adams, during Massachusett’s Convnetion to ratify the Constitution, 1788.. What doesn’t this Country understand about the Right to Keep and BEAR Arms shall not be infringed????

Posted: Tuesday, January 06, 2004
Article comment by: David A. Stewart

As an owner of many guns, a local to this event, and a God fearing man, I am glad that this thief was stopped before becoming a career criminal, however, it must be noted that gun-ownership is hardly a “God-given right”, but rather a constitutionally given right, paid for by the lifes of many ardent American revolutionaries.

Posted: Tuesday, January 06, 2004
Article comment by: Andy Carr

Of COURSE the homeowner has not been charged… he did nothing wrong. He defended his home from criminal invasion and should be commended for his courage. I hope the burglar learned his lesson. When he leaves jail he can become something besides a thief.