The Desert Dispatch is a daily newspaper serving the communities of Barstow, Dagget, Fort Irwin, Hinkley, Lenwood, Newberry Springs and Yermo.

Wednesday, September 10, 2003

No charges in Newberry Springs shooting death
By LEO MONIZ/Staff Writer

Newberry Springs CA -- A 77-year-old man who shot and killed an intruder in his home here on August 15 will not face prosecution, Barstow Supervising Deputy District Attorney Gary Roth said.

"The shooting was done in self-defense, so no criminal charges will be filed," Roth said.

Charles Harris shot 23-year-old Eric Kirby, of Newberry Springs, during an apparent robbery gone wrong, San Bernardino County Sheriff's Sgt. Gerrit Tesselaar said in August.

Harris was asleep, but awoke shortly after midnight to discover that Kirby had forced entry to Harris's Fairview Road home, Tesselaar said. Harris then armed himself with a handgun and held Kirby at gunpoint while attempting to telephone law enforcement.

Harris shot Kirby once in the chest after Kirby moved to attack him, Tesselaar said. Kirby died at the scene.

Harris completed a 911 call at 12:15 a.m. and reported the shooting.

Roth said the determination of self-defense by the district attorney's office followed a similar conclusion by investigators.

"The sheriff's department determined it was justifiable homicide also," he said.

Staff Writer Leo Moniz can be reached at [email protected] or 256-4126.

Good for Harris. My only hope is that he shot the bad guy right between the eyes and left some narly powder burns on his forehead. Imagine what the 23 year-old would have done to that 77 year-old guy if he got his hands on him ... “77 year-old resident found strangled in home ... handgun stolen.”

Very bad news if someone tries to attack me in my house at night. Bad for the crook and bad for my eardrums.

By the way ... Newberry Springs and Yermo ... isn’t Wyatt Earp’s brother still the Sheriff there?