HANNING II° : Balacea un ex.de Vietnam a un inmigrante

Man charged with shooting immigrant near his home

Arivaca, AZ.-  An Arivaca man who shot an illegal immigrant in the back, leaving him a paraplegic, has been indicted on two counts of aggravated assault. But his attorney says it's the immigrant who should be facing charges. Michael Goodwin, 71, was indicted Aug. 14 in connection with the July 31 shooting of a 32-year-old man at Goodwin's home on Arivaca Road, according to the Pima County Sheriff's Department. Tom Weaver, the Chief Criminal Deputy Pima County Attorney, declined to go into details Tuesday, but said his office believes the shooting was “unlawful and not justified.” 

But Tucson attorney A. Bates Butler said Goodwin is the victim and the other man — identified as Jose Hernandez — should face burglary charges. Goodwin, a Vietnam war veteran with health issues, went to bed early July 31, Butler said. He was awakened shortly after 7 p.m. by voices and when he went to investigate he found a man in his darkened living room, he said. “He (the intruder) was standing near a weapon, a pistol my client lawfully owns. It was on top of a computer on a table,” Butler said. “He saw something in the man’s hand and he chased him out.” What happened next was a fluke, Butler said. 

 “He fired what he thought were warning shots, and incredibly and tragically, the guy ran right into a bullet,” Bates said. The man fell about 60 yards from Goodwin’s garage, Bates said. The attorney said deputies found Goodwin’s house and truck keys in the intruder’s possession; they had been inside Goodwin’s truck. It appears Hernandez, who was recently deported to Mexico, entered Goodwin’s home through the kitchen, Bates said. “I don't think he was up to any good. I don't think he had honorable intentions,” Bates said. He's asked the Sheriff’s Department to investigate the burglaries but hasn't received a response, he said. “My client’s very upset with the fact this guy was shot and someone burglarized his house,” Bates said. Goodwin was booked Aug. 21 and released on his own recognizance. 


Michael Goodwin


 Weaver said Tuesday that Hernandez has not been charged and that the investigation is closed. If convicted in the shooting, Goodwin could be sentenced to five to 30 years in prison, Weaver said. According to a news release Tuesday from the Sheriff's Department, Goodwin and the man got into a confrontation inside Goodwin’s home or near his carport door. Hernandez ran toward the property’s gate and Goodwin fired multiple shots, with one striking the man in the back. The Pima County Sheriff’s Department originally reported that Goodwin said he’d been awakened by banging noises, found the man inside his home and shot him.

 The man ran outside and collapsed. 

The PCSD identified the man as an illegal immigrant. Tucson personal injury attorney Bill Risner, who identified the man who was shot as Jose Hernandez, said Hernandez is considering filing a lawsuit against Goodwin as a result of the shooting. Hernandez, a married father of three, was struck in the spine and is paralyzed from the waist down, Risner said. Risner declined to discuss his client’s immigration status or why he was on Goodwin’s property that night. Authorities have declined to share details of their investigation so far, he said. “It’s my understanding he was shot in the back while running away and with nothing in his hands,” Risner said. 

“He was 60 yards away. How can he be a threat? You can't do that.” Hernandez was released from the hospital as soon as he was stable, Risner said. Because he can't afford surgery and he doesn't quality for AHCCCS, friends drove several hours so they could take him home in a van. Risner declined to say where Hernandez’s home is. “He's a hard-working guy, he’s a nice guy, he’s a handsome guy; this is just really, really sad,” Risner said. Kim Smith / 547-9740

http://www.sahuaritasun.com/news/updated-lawyers-weigh-in-on-case-of-immigrant-shot-by/article_6bc49672-8d28-11e7-b86b-5bb264b7d71f.html

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