speaking of restraining orders and guns……. Here’s a perfect case (another case)where the restraining order failed and a bullet was the ONLY thing that saved her life….

The Second Amendment IS the Equal Rights Amendment!
WAGC
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http://www.dispatch.com/news-story.php?story=dispatch/news/news02/apr02/1179188.html
Shooting was end to history of violence
Thursday, April 4, 2002
Alayna DeMartini
Dispatch Staff Reporter

He once tried to strangle his girlfriend with a scarf she was wearing.
He slammed her into a wall, kicked her and spit at her, a protection
order issued last year said.

But the order didn’t stop James Ryan McVay.

This week, a bullet did.

On Tuesday, Virginia “Sue” Devoe asked her neighbors to watch out for
McVay’s rusty brown pickup truck.

She said he’d recently threatened her and asked that they call police if
they saw her ex- boyfriend on the street.

Columbus police had been called to Devoe’s E. Lincoln Avenue house, just
south of Worthington, most recently last Thursday.
At that time, she told police that McVay had broken off a key in her
back door and used screws to try to seal the front and back doors.

“How does it feel to be locked out?” McVay said in a voice-mail message
left on the cellphone of Devoe’s younger half-sister, who lives with
Devoe.

That incident was one of several times that police were called to the
home during the turbulent relationship of McVay, 28, and Devoe, 54.

It all ended about 8:30 p.m. Tuesday when, police say, McVay forced his
way into Devoe’s home.

Once inside, he assaulted Devoe and Shirley Becraft, a 91-year-old
neighbor who was at the house. Police say McVay then tried to take Devoe
from the house.

Becraft, who lives a few houses away on E. Lincoln, shot McVay once in
the chest with a revolver. It’s unclear what took him to Devoe’s home or
whose gun it was.

“It’s hard to say where she would be now if he hadn’t,” police
spokesman Sgt. Earl Smith said of Becraft’s pulling the trigger.

McVay was pronounced dead at the scene.
No charges have been filed in the case.
Becraft was not at his home yesterday and could not be reached for
comment.

Neighbors described him as a caring man who helped move the trash bins
for neighbors every week on garbage day. He is a widower who lives
alone.

One neighbor, who spoke on the condition of anonymity, said that on
Tuesday evening, he walked outside his house to find McVay’s body
facedown on Devoe’s driveway.

The neighbor went to Devoe’s house and waited with her and Becraft for
police and an ambulance.

A grand jury will decide whether Becraft will face criminal charges,
Franklin County
Prosecutor Ron O’Brien said. All shootings that result in deaths are
presented to the grand jury, he said.

Deadly force is justified if the shooter didn’t create the situation
that led to the shooting.

Also, the shooter must have had “reasonable grounds to believe that he
or another person was in danger of death or great bodily harm and the
only means to escape that danger was to use deadly force,” O’Brien
said.

A Franklin County Domestic Relations Court judge issued a civil-
protection order against McVay in January 2001.

The order came after Devoe, who had been living with McVay at the time,
told the court that McVay had slammed her into a wall, pushed her to the
floor and kicked her. He then threw Devoe onto a bed and started
strangling her with a scarf, she said.

Devoe said McVay also threatened to harm her, her adult daughter and her
dog if she told anyone about the incident.

Devoe said she changed her locks. But McVay broke in two days later and
was waiting for her when she returned home. McVay picked up Devoe and
slammed her to the floor, according to court records.

The court ordered McVay to stay away from Devoe, though he was never
charged with domestic violence.

Neighbors say police were called to Devoe’s home three times in the past
two weeks.

On Aug. 8, McVay also petitioned the court for a civil-protection order
against Devoe. At the time, McVay said Devoe had threatened him.
The court dismissed that case.

http://www.robertwaters.net