By Carrie Petersen
Albany Democrat-Herald | Posted: Thursday, September 21, 2006 12:00 am
There is no reasonable doubt Bruce Gosnell acted in self-defense, Jason Carlile says
No criminal charges will be filed against Bruce Gosnell Jr., who fatally shot a 16-year-old boy he thought was breaking into his home in Albany, Linn County District Attorney Jason Carlile has decided.
Jeremiah "Jeremy" O'Sullivan was shot at about 3 a.m. on July 1. Gosnell had woken up to noises in his backyard and saw O'Sullivan at an open, screened window of his house in the 2400 block of 22nd Avenue S.E.
The shooting followed a crime spree by several teenagers including O'Sullivan, which started the evening before and included boys drinking at the Albany Skatepark, car prowls, a burglary and a "joy ride" in a stolen car, according to Albany police.
In a two-page letter to Albany Police Detective Ryon McHuron containing his conclusions about the case, DA Carlile wrote:
"Based upon the facts established by the investigation, no criminal charges will be filed against Bruce Gosnell. The law in Oregon requires the state to prove beyond a reasonable doubt that the self-defense does not apply. Under the facts here, that would be impossible.
"The physical and other evidence accumulated in this investigation is consistent with the Gosnells' statements. His behavior immediately following the shooting also substantiates his version of the event. Gosnell said he fired the shot that caused the death of Jeremy O'Sullivan because he thought an intruder was trying to break into his home and he was in fear for his safety and the safety of his wife and children. Such belief was reasonable under the circumstances."
According to the DA's letter, Gosnell, an Army veteran, had reported drug activity and other suspicious behavior in his neighborhood. He had also reported thefts from his property.
Carlile wrote: "Mrs. Gosnell said she was asleep in her bedroom with her husband, heard 'crashing around' and more than one voice. She got up and went to the hallway. She headed back to the bedroom and met her husband. She heard someone say something about shooting or killing someone.
"Mr. Gosnell says he was awakened by noises and reached for his wife. She was not there. Alarmed by the noises and the absence of his wife, he took his 9mm handgun with tactical light from the nightstand and started down the hall. The lights were not on. He encountered his wife who told him someone is trying to break into the house.
"He briefly shone the handgun light down the hall and illuminated the hallway clear down to the kitchen and open kitchen window. Seeing no one, he turned off the light and continued down the hall, looking for his children and trying to determine if someone else was present.
"He could hear noises, including the rattling fence and voices (plural). Concerned, he continued on down the hall to the kitchen table. As he turned the handgun light on, he suddenly saw a person reaching up and towards him. He immediately fired one shot. The man was just a few feet away, on the locker style freezer that rests on the patio just outside the kitchen window."
After being shot, O'Sullivan got off the freezer and climbed a fence into a neighboring yard, where police found him. He was pronounced dead at the Albany hospital.
Gosnell "realized police were in the area. He walked out of his house, gave his gun to Sgt. Carter and said that he shot him, referring to O'Sullivan," Carlile wrote.
Albany Police Detective Ryon McHuron, Detective Sgt. Marv Hammersley and Capt. Eric Carter spoke Wednesday afternoon at the police department, giving more details about the shooting and prior events.
McHuron, who investigated the case, said the department had received four to six calls from Gosnell over the past several years reporting suspicious activity in his neighborhood.
When he thought his house was being broken into, Gosnell was concerned for his wife as well as his two daughters, ages 10 and 8, who had a habit of sleeping on a couch in the living area. It was later determined that neither daughter was on the couch that night. Both were in their bedroom.
According to police, there was a second 16-year-old boy with O'Sullivan at the Gosnell residence that morning.
The second boy left the area after the shooting and got a ride to Lincoln City where he stayed a few days, according to police. That boy, who is in the care of the state, is currently in custody. The Marion County District Attorney's Office will review the police reports to determine if he will face any charges.
According to police, here's what happened in the hours before the shooting:
O'Sullivan, the other boy and three others were at the Albany Skatepark, drinking alcohol.
At about midnight, the boys left and traveled along the Periwinkle bike path near several apartment buildings, where they began entering unlocked vehicles. They entered between 30 and 60 vehicles, stealing CDs and at least one wallet.
"They were looking for open cars. Every car that was open they went into," McHuron said.
During the car prowls and prior to the shooting, some of the boys tried to break into Gosnell's pickup.
At some point, O'Sullivan and the second boy went off on their own and entered an unlocked residence, where a woman was sleeping. They stole car keys and a 2001 Buick Century. Other property taken from the residence was later recovered in a parking lot on Three Lakes Road.
Police don't know where the boys went after the burglary, but they do know that they were involved in a hit-and-run with another vehicle. Investigators were able to determine this from damage to the Buick and by statements from others. Police have yet to receive a call from anyone reporting his vehicle getting hit that morning.
Eventually, the two boys stopped near the Gosnell residence on 22nd Avenue S.E. Police Sgt. Chris Carter spotted the Buick, which by then had been reported stolen.
Carter saw one of the boys - investigators still aren't certain which boy it was - climb the Gosnells' fence into the backyard and then heard the shot fired by Gosnell.
The investigation took as long as did because of several factors, police said.
Because of staffing, McHuron was the only detective assigned to the case, which he handled along with his regular workload, which includes emergency cases involving children.
The investigation was complicated by the fact that many of the witnesses that McHuron had to track down were 15- and 16-year-olds who go by nicknames, Capt. Eric Carter said.
McHuron talked with more than 20 people who had important information, while a typical homicide investigation has only five or six key witnesses, he said.
To read the entire Sept. 19 letter from Linn County District Attorney Jason Carlile to Albany Police Detective Ryon McHuron, who investigated the shooting, go to http://www.democratherald.com/linnletter/linnletter.html