SUFFOLK
The man killed during a burglary in Whaleyville early Sunday wore camouflage and carried a knife and sheath, according to a new search warrant.
Ernest Roop, 38, had nearly $100 on him, as well as vehicle keys and a hat light.
Police also collected a crowbar, a folding knife, a black money box and $5 from the store, the search warrant filed in Suffolk Circuit Court Wednesday afternoon stated.
Roop broke into the J&L Food Mart around 4 a.m., causing a disturbance that alerted the owners through a monitor in their nearby home. James H. Durden Jr. and his wife went to their business and spotted Roop inside through a window.
Durden, 46, told police that Roop pointed something at him, a city spokeswoman has said. Durden fired a .45-caliber handgun four times through the window, striking Roop each time.
Someone inside the Durden home called 911 at 4:04 a.m. Police arrived 12 minutes later.
Roop did not have a gun. Police found a crowbar inside the store believed to be used in the burglary, but it was not near Roop's body. It is unclear whether Roop was holding the knife when he was shot.
City spokeswoman Debbie George said she was not familiar with the information in the search warrant and could not comment.
Durden underwent a breath test, which confirmed the presence of alcohol, according to a search warrant filed Monday. Police also searched Durden's home for an audio and video surveillance system, including recordings, and took photos inside the home.
The shooting is still under investigation.
Police will send the case to the commonwealth's attorney, who must determine whether to file criminal charges. Those could range from murder to manslaughter - or no charges at all if the shooting is deemed justified.
Staff writer Dave Forster contributed to this report.
Kristin Davis, (757) 222-5208, kristin.davis@pilotonline.com
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Nobody deserves to die for
Nobody deserves to die for stealing. Also, nobody deserves to die because they are being a victim of a robbery. If he investigated his property and for one second felt his life was in danger from the perp making a threatning motion then he was justified in doing so. Then again I wasn't there so what do I know. Does anybody here know for sure? If so then please report your info to the police. If the man thought he had a gun then that's all there is too it. Please, anybody who has solid proof he killed this man without fear for his life come forward so we can put this to rest. Until then, why not give the guy who wasn't breaking the law the benifit of the dout till all the facts are in. By condeming him, you are no better than the man you are condeming. You were not there, I was not there. period
Death Sentence
Regardless of all the views, Roop received the death sentence for a crime that did not deserve it. Writers have written he deserved it, it will teach others a lesson, he put himself at risk, another bad guy gone, and on and on. And all because he stole. Writers have said the owner has a right to protect his property. They feel the shooting of Roop was justified because an owner has a right to protect his property. I wonder how these people would feel if stores hired guards to shoot shoplifters. If a person drove off without paying for gas...Shoot them. Someone takes something from your desk...blast them. It's all about the owner protecting their property.
Why do you think the movie was titled "Unforgiven"
Munny: "Heck of a thing killing' a man. Take away all he's got and all he's gonna have."
Kid: "I guess he had it comin'."
Munny: "We all got it comin', kid."
Es muy macho, si?
Hazardous to your health
Breaking & entry can be hazardous to your health.
The original problem
started long before most of us were born. I'm not going all the way back to the Garden of Eden. Roop and Durden, are both victims of the "War On Drugs". Roop had a drug problem, which in this country means he also had legal problems, big legal problems. If this country were to look at drug use as a health issue only Roop would have been able to seek treatment without the social stigma of being useless as a person. Even if he was on probation for a unrelated crime he would be thrown back in jail for failing a urine test. With a criminal record, even the most menial employment would be difficult to get and most likely not enough to support one person. I'm dumbfounded why any other country would look at America as a shinning beacon of the way things should be. Heath care for the wealthy, politicians in bed with crooked corporations raping the public in every way possible, without any negative consequences. This entire situation is a reflection of how our leaders behave. We are all to be shamed for what we have let this country become. We should look at Iran if we want to see our future.
Whatup?
How do I remove 911 from my phone? Also, how do I get back my tax dollars that go to the police that do not "protect and serve"? I wish I could pay my taxes with my Visa card. They have a customer satisfaction policy that holds the money until I get the services I paid for.
I really don't use nor need the police. I am not a LE hater and have friends that are LE officers, but I can and will defend myself if allowed to. Don't believe me...... Go ahead, make my day !!!!
Just a little info for those that are uninformed, most guns from 9mm and up will easily shoot thru a wooden framed building and can puncture cinder block walls with just a couple shots. You are not as safe as you think you are.
Please
Do the cops a favor and find a way to remove 911 from your phone and please don't pay your taxes! I'm sure the 911 responders would be thrilled to find that they have one more person such as yourself to not worry with in our country! Hopefully you will NEVER need the police after all they do nothing for any of us anyway so why bother right? Maybe since you will not be calling one police officer may have an opportunity to stop going from call to call to call tonight and stop to eat Lunch or Dinner something they don't get to do very often while at work for SERVING AND PROTECTING wether you like them or not! You could always call 911 to let them know that if your number ever shows up on their switchboard to not bother sending anyone you can take care of the threat yourself!
Herein lies the problem
Don't believe me...... Go ahead, make my day !!!! No, not the Dirty Harry reference as sideways justification for vigilantism, although that is obviously problematic. The redundant terminal punctuation is what worries me.
katet43483
I agree, I hope that this never happens. However, it already has in this country just recently. Hurricane Katrina shows us exactly what happens when the system breaks down, 911 is useless, and you are forced to fend for youself against thugs that run the streets uncontrolled. I pray I, nor you, will ever have to face what they had to deal with in that emergency. The police had no choice but to throw up their arms and say "We can not help you, you're on your own until order can be restored". To me, that is equal to a Mad Max scenerio, if not a bit scarier because it was reality.
Experts
Wow! I remember Hillary Clinton relating how qualified she was to be President because she was married to the President. Now, we have a policeman's wife interpreting law for us. I feel safer already because of the many law experts here.
Caspar
I'm not interpriting any part of the law I was simply stating fact! If you think for a moment that a vehicle is not a deadly weapon used by many criminals to run over and kill people you are sadly mistaken. So many people want to point the finger at the police for every situation especially when they are protecting themself. These men and woman work their butts off everytime they go to work to prevent and protect us from crime. I'm not in any way qualified to be a cop but I am qualified to tell you what you do not know about a cop and what they do and do not do because I have lived with one for over 13 years. I see what they go through because I live it everyday being married to one! One thing i have learned in 13 years is that people such as yourself who show no respect for the police or anyone alike are the very ones who are on the wrong side of the law. If that is the case then you only have yourself to blame when the popo pops you!
Her name, "crazy crazy" also
Her name, "crazy crazy" also inspires confidence.
???
And "Fletcher" inspires what? Let me guess....the fact that your parents were nerds and could not come up with a better name for their child? Please........
"Crazy Crazy came about over the Crazy freaking comments on here from people such as yourself! Grow up!
Why are we Complaining
One less convict roaming the streets! Obvious the suspect has been in trouble before where did the Mug shot pic come from? At least the people of Suffolk dont have to worry about there house or business getting broken into for a while.
Jermflux
Your comment makes me think of Mad Max. Hopefully, our civilization will never break down (not in our lifetimes, anyway.)
I love how as a society we/others
Think it is OK to shoot to kill even when your own life is not at threat.
The criminal was on the inside and the shooter on the outside. 911 had been called, and the shooter could have waited before shooting to kill.
The politics of the
The politics of the situation dictate that anytime anyone does anything with a registered handgun the gun rights crowd elevates the act to the purest form of heroism. No other reaction is to be tolerated. Dissenters will be cursed and shouted down and, if that doesn't work, threatened. e.g. "wait till it happens to your grandma"
Anybody on the fence on this issue is declared a fool at best and, more likely, an enemy of freedom by the gun rights crowd. No rational discussion will be joined or tolerated. Period. Agree or else.
Also, it helps if you sort the universe by "us" and "them." All of the "thems" deserve to be shot. It keeps things simple.
Beyond that the law does not seem to be on this shooters side, if I recall the rules from the Frederick case.
Mr. Whatup
Mr. Whatup sounds very angry. I hope he is not a police officer. I think it would be terrible to combine anger with a gun and a badge.
????
He doesn't seem angry to me at all. Sounds like someone who actually knows about what the guy was talking about. Sounds to me like you see police officers in the same way that most on the other side of the law do. This person was telling the poster the facts of his post. I remember the deal with the police shooting the guy in the car. The reason for this was because the guy was about to run the police officer over with the car. Just because he is the police doesn't mean he should just stand there and let someone run him over. A vehicle can and does get used as a deadly weapon guns and knives are not the only weapons used to kill someone! He was only stating the facts to this guy and did not appear to be angry. But then again the public is always quick to point out someone with a gun,badge, and uniform doing something wrong even when they are not.
I'm not a cop but I am the wife of a cop incase you were wondering and yes I say this angry! You people need to stop and think about what you say regarding people who would willingly lay their life down to save yours even after you talk trash about them!
I love how as a society we
I love how as a society we have been trained to not ever take care of things ourselves and when trouble comes 911 is always the answer. If you don't rely on the police for all your problems you are considered a trouble maker. If there ever was a social melt down and no police then we would be in a bad way. Even as late as the '50s and '60s people seemed to be more in charge of their own saftey. Reminds me of the original "Time Machine" movie where people were so trained after thousands of years to automaticaly go underground when they heard the siren, only to meet their doom. 911 is not meant to solve all of your problems, it is only there to assist you if in case a problem is more than you are capable of handling.