Man was scaring away pranksters when police chief tried to shoot himBLACK RIVER FALLS, Wis. — John Ellingson just wanted to scare away teenagers who were going to toilet-paper his house. Instead he found himself in a life-and-death struggle with the local police chief. Matthew Hoskins, a police chief, tried to shoot Ellingson after misinterpreting Ellingson's effort to frighten a group of high school students in September 2003.
Although no one was seriously injured during the incident, prosecutors charged Hoskins, 34, with attempted murder and two charges of second-degree reckless endangerment. Police say the homeowner Ellingson set up trip-wires attached to noisemakers in an effort to scare the teens that were expected to "TP," or toilet-paper, his home during homecoming week.
When Ellingson saw several teens walking toward his house at about midnight, he jumped out of a hiding place, growled like a bear and set off the noisemakers. The youths ran screaming back to their cars, according to police.
Ellingson told authorities he was walking back home with his daughter when he noticed a man in the road pointing a gun at him. When the Police Chief asked the man what he was doing, the pair got into a struggle.
The criminal complaint said Hoskins fired at least two shots in the air to show the gun was real, and another shot was fired into the ground as the two men fought over the gun. Ellingson alleged that Hoskins pointed the gun at his chest and pulled the trigger — but the gun failed to fire.
Law enforcement officers seized the .40-caliber weapon, which Police Chief Hoskins said he had borrowed from his girlfriend, with whom he was staying when he noticed the vehicles parked on the road.
Although no one was seriously injured during the incident, prosecutors charged Hoskins, 34, with attempted murder and two charges of second-degree reckless endangerment. Police say the homeowner Ellingson set up trip-wires attached to noisemakers in an effort to scare the teens that were expected to "TP," or toilet-paper, his home during homecoming week.
When Ellingson saw several teens walking toward his house at about midnight, he jumped out of a hiding place, growled like a bear and set off the noisemakers. The youths ran screaming back to their cars, according to police.
Ellingson told authorities he was walking back home with his daughter when he noticed a man in the road pointing a gun at him. When the Police Chief asked the man what he was doing, the pair got into a struggle.
The criminal complaint said Hoskins fired at least two shots in the air to show the gun was real, and another shot was fired into the ground as the two men fought over the gun. Ellingson alleged that Hoskins pointed the gun at his chest and pulled the trigger — but the gun failed to fire.
Law enforcement officers seized the .40-caliber weapon, which Police Chief Hoskins said he had borrowed from his girlfriend, with whom he was staying when he noticed the vehicles parked on the road.
PART TWO--THE CONCLUSION
Jury acquits police chief of attempting to murder an innocent man
BLACK RIVER FALLS, Wis. — Jurors have found a small-town police chief not guilty of attempted murder after he allegedly tried to shoot a man he mistook for a violent criminal.
The 12-person panel acquitted Matthew Hoskins, 35, of all charges after deliberating for about two hours Thursday. The jury explained that Hoskins misinterpreted John Ellingson's attempt to scare away the teen pranksters who were coming to toilet-paper his house.
During closing arguments, prosecutor Barbara Oswald said Hoskins mistook Ellingson's 17-year-old daughter Melissa as a criminal, and overreacted when he tried to subdue her in the street. That mistake, she said, spurred an scuffle that led to three shots being fired.
"[Ellingson] reasonably believed that [Hoskins] was a raging lunatic," Oswald said. "That provoked the attack from Mr. Ellingson." Defense attorney John Matousek.
However, the defense attorney told jurors that Ellingson provoked the whole incident by behaving irresponsibly. "Ellingson provoked excitement, he provoked the danger," Matousek said. "
Ellingson testified that after the two men scuffled, Hoskins stepped back and pointed a .40 caliber Glock semiautomatic handgun at his chest and pulled the trigger. Prosecutors claim the gun "dry-fired." Hoskins admitted to leveling the weapon at Ellingson, but denied pulling the trigger. A ballistics expert for the prosecution testified that after inspecting the gun, he could not rule out that a "dry-fire" occurred. But the defense's final witness, firearms expert Robert Willis, testified Thursday that it would have been virtually impossible for a "dry-fire" to occur.
The 12-person panel acquitted Matthew Hoskins, 35, of all charges after deliberating for about two hours Thursday. The jury explained that Hoskins misinterpreted John Ellingson's attempt to scare away the teen pranksters who were coming to toilet-paper his house.
During closing arguments, prosecutor Barbara Oswald said Hoskins mistook Ellingson's 17-year-old daughter Melissa as a criminal, and overreacted when he tried to subdue her in the street. That mistake, she said, spurred an scuffle that led to three shots being fired.
"[Ellingson] reasonably believed that [Hoskins] was a raging lunatic," Oswald said. "That provoked the attack from Mr. Ellingson." Defense attorney John Matousek.
However, the defense attorney told jurors that Ellingson provoked the whole incident by behaving irresponsibly. "Ellingson provoked excitement, he provoked the danger," Matousek said. "
Ellingson testified that after the two men scuffled, Hoskins stepped back and pointed a .40 caliber Glock semiautomatic handgun at his chest and pulled the trigger. Prosecutors claim the gun "dry-fired." Hoskins admitted to leveling the weapon at Ellingson, but denied pulling the trigger. A ballistics expert for the prosecution testified that after inspecting the gun, he could not rule out that a "dry-fire" occurred. But the defense's final witness, firearms expert Robert Willis, testified Thursday that it would have been virtually impossible for a "dry-fire" to occur.
Michelle's Opinion
Ah, yet another instance of teenage ignorance and stupidity to cause a near tragedy. I think this cop was a "raging lunatic", as the victim stated. Why in the world would you start shooting and risking lives when you don't know the facts of the situations at hand, haven't gotten statements from the victims or others involved, or properly assessed the situation? To me, this so-called Police Chief should have been fired for his negligent actions. If he was so frightened, he could have used pepper spray as an alternative.
Our country is gun-crazy and unfortunately, I don't think it will ever end. The government thinks it's ok to revoke our privacy rights (i.e. the Patriot Act), but it's ok to own a semi-automatic weapon. What would you possibly use that for? Deer Hunting?
Our country is gun-crazy and unfortunately, I don't think it will ever end. The government thinks it's ok to revoke our privacy rights (i.e. the Patriot Act), but it's ok to own a semi-automatic weapon. What would you possibly use that for? Deer Hunting?
C'MON PEOPLE!!!
DO THE PEOPLE WHO SIT ON JURIES EVER HEARD OF COMMON SENSE?
DO THE PEOPLE WHO SIT ON JURIES EVER HEARD OF COMMON SENSE?
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