Homeowner fires shots at burglars

Ed Koch and Jen Lawson

Thursday, Feb. 5, 2004 | 11:15 a.m.

A homeowner on Del Monte Avenue near Decatur and Oakey boulevards fired shots this morning at two burglars as they drove away in a car, according to Metro Police.

Robert Sherman, 59, woke up about 5 a.m. and heard noises in his home, Sherman said this morning. Police said the burglars fled from the house in a car, and Sherman fired two or three rounds in the direction of the car, Metro spokesman Officer Jose Montoya said.

Sherman said he fired three shots at the tires of the small silver Volkswagen, hoping to both scare the intruders and to leave evidence to help identify the car later.

"I wanted to send a message not to come back here and try to burglarize us again," Sherman said. "I also felt that if there was a bullet hole in the back of the car, it would help identify the car so that could help catch these people."

Sherman, former lounge performer and furniture store owner, said he and his wife, Karryn, were asleep in their home near Decatur and Oakey boulevards about 5 a.m. when his cat, a Siamese named Kisah, started "freaking out" and awoke him.

He grabbed his gun, went to investigate and found his door to the garage, which had a boarded-up pet door, had been breached, he said. He saw electronics that had been unplugged but nothing missing.

Sherman went through the garage and outside, where he found a drill that was not his, he said. He went to the front yard and saw a man standing outside the Volkswagen.

The man told Sherman he was looking for his friend at the home. Sherman, with his gun in his hand, told the man to stay put while his wife called police.

"When I told him to stay, he yelled back, 'I can't. I've got warrants. I've got to leave,' " Sherman said.

The man got into the car and sped off, and Sherman fired his weapon.

It's not clear if Sherman hit the car, Montoya said. It is illegal to discharge a firearm within city limits, but the Clark County District Attorney's Office would decide whether charges should be filed against him, the spokesman said. Sherman said he never saw a second intruder but police said there were two.

Sherman said he has never hurt anyone and did not intend to this morning. "I really wanted them to stay," he said. "If I could have held them for just two minutes longer, they would have been arrested because the cops would have arrived."

The Shermans have lived in the house for 17 years without any problems until two days ago, when someone broke into a shed, he said. Neighbors told him that a similar car was outside the house during that event.

Montoya said Sherman could be charged with an assault-related offense as a result of the shooting, but the victim would have to come forward. Since the possible victim was allegedly committing a crime when the shooting occurred, it's not likely he will ask authorities to file charges against the homeowner, Montoya said.

In 1998 a Las Vegas man was convicted of voluntary manslaughter after chasing down a home invader and shooting him to death in 1998. Two men broke into Thomas Gaule's house and shocked him with a stun gun. During the struggle Gaule grabbed his shotgun.

The men ran from the house and Gaule chased them, killing one and wounding another. He was placed on three years' probation and ordered to perform 60 hours of community service.