(IN) Octogenarian kills violent intruder 02-17-05
Date: Feb 20, 2005 7:53 AM
http://www.southbendtribune.com/stories/thisday/local.20050217-sbt-LOCL-A1-84_year_old_kills_in.sto
84-year-old kills intruder; charges are not expected
By ADAM JACKSON
Tribune Staff Writer

MISHAWAKA — Like many homes on his block, Robert Birtwhistle’s is a
two-story frame house, with faux-brick siding and a small front porch.

Yet, modest as it is, it’s the place he’s called home for all of his 84
years. And early Wednesday morning, he proved he was ready to defend his
home — with deadly force.

Birtwhistle called police to his home shortly after 1 a.m. to report
that he had shot 40-year-old James Rosebush as the younger man
apparently was attempting to force open the front door of his home.
Rosebush, who lived just blocks away at 735 Lincoln Way E., died of his
injuries at the scene.

“It was going to be either him or me,” Birtwhistle said Wednesday. “I
told him that if he didn’t stop, he was going to get what was coming.”

According to a report from the St. Joseph County Metro Homicide Unit,
which is investigating the case, Birtwhistle was awakened in his
first-floor bedroom by the sound of someone trying to kick down his
front door.

At that point, the octogenarian retrieved the loaded revolver he kept in
his bedroom and went to investigate the situation.

“He was trying to kick the front door in,” Birtwhistle said. “I warned
him not to, but he kept trying.”

According to investigators, Rosebush eventually was able to break the
door loose, prompting Birtwhistle to fire at least one shot through the
door. The shot mortally wounded the assailant, who fell onto the
homeowner and knocked him to the floor.

The alleged attacker soon died. At that point, the homeowner called 911
to report the incident. Initially, responding officers took the
homeowner into custody for questioning, a procedure that he said he
didn’t particularly enjoy.

“Ever been in the back of one of those squad cars?” he asked. “There’s
no room for anything back there.”

After questioning, Birtwhistle was released to his home. Although St.
Joseph County Chief Deputy Prosecutor Frank Schaffer did not immediately
return a phone call seeking comment, a statement released by police
indicated that charges will likely not be filed in conjunction with the
incident.

“The information gathered at this time indicates the shooting is
justified,” the release stated.

What could have caused Rosebush to be there? That remains unclear, but
Birtwhistle is no stranger to break-ins. Within the last two years,
Mishawaka police records indicate that his home has had break-ins or
robberies on at least three occasions.

That includes an incident on Jan. 22, 2004, in which an unidentified man
tricked Birtwhistle into opening his door, then put him in a headlock
and robbed him. That incident prompted the mayor to issue a warning to
the city’s elderly residents to be aware and led to Birtwhistle — and
his anger — being featured on the front page of The Tribune.

No one was arrested in those incidents, but Birtwhistle said he believes
Rosebush may have been involved.

Mike Samp, chief of the investigative division of the Mishawaka Police
Department, said that although none of the prior incidents have been
linked to Rosebush, his involvement is not out of the question. And
although Birtwhistle’s neighborhood is no more prone to break-ins than
anywhere else in town, he said the victim may have been targeted because
of his age.

“Sometimes, people will be driving around, and they’ll see an elderly
person and think they are an easy target,” Samp said.

But Rosebush’s record doesn’t show a predilection for home invasions.
Since 1998, he has been arrested three times: once for criminal
conversion, once for false informing and once for driving under the
influence.

Birtwhistle said he kept his pistol for one reason: protection.

“My dad always told me that a revolver is for shooting a person and a
gun is for shooting a thing,” he said.

Wednesday morning after the shooting,
Birtwhistle was relaxing at home, trying to calm down after the events
of the early morning.
When asked if shooting Rosebush bothered him, he said his actions could
only be judged by his maker.

“My boss is not a mortal,” Birtwhistle said. “I only have to answer
to
Him.”

Is he worried about future break-ins? Not very much.

“At my age, I only have about 10 or 20 years left to worry about
anything,” he said. “And I know there’s one (person) I don’t have to
worry about anymore.”