Portlander describes shooting intruder with rubber ammo

Reported by: Chad Carter
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Homeowner Tim Wallace speaks with media, recounting how he repelled an intruder from his North Portland home early Jan. 27, 2012. (Douglas Key, KOIN)
Homeowner Tim Wallace speaks with media, recounting how he repelled an intruder from his North Portland home early Jan. 27, 2012. (Douglas Key, KOIN)
One man is in custody after a North Portland man fired rubber pellets at him during an early morning home intrusion.

Tim Wallace said he and his wife had come home late Thursday night to find their back gates open and items outside their home rearranged. Thinking someone may have been at the house earlier in the night, before going to bed Wallace grabbed his shotgun, just in case.

Around 3:45 a.m., Wallace heard a noise outside his bedroom window and when he got up and went outside to investigate, he found a man charging down at him.

“I grabbed my shotgun and went out the door and the minute I turned into the breezeway there was a guy coming right at me,” Wallace said.

Owning the gun for over 40 years, Wallace has always kept the gun loaded and in a safe, but with a unique approach: “I always keep it loaded with three shots of non-lethal, after that they’re lethal.”

Wallace fired off one round that hit the man in the shoulder as he fled the area near the 7000 block of North Seward Avenue.
"When that gun went off, I don't think that shotgun was 6 inches from his shoulder--he was that close to me.”

In an attempt to escape, Wallace said the man then pedaled down the street on a bike.

“I fired two more shots, not aiming at him but just to scare him.”

Police found the suspect hiding behind St. John Lutheran Church down the road, where he was taken away by ambulance and treated for the gunshot wound.

Wallace said he never wanted to use the gun but has to protect his wife and home.

“I don’t want to kill anybody. I’ve never had any inclination to want to really physically hurt somebody or kill them," he said.

The suspect has not yet been booked and is likely still in the hospital, police said. He’ll be booked into the jail once released.

Police have not announced whether or not the homeowner will be facing any charges in the shooting.
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12 Comment(s)
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repoman - 1/30/2012 10:13 AM
0 Votes
@dodgeram your both correct and incorrect. Correct in that less-lethal ammuniton canot be sold in many counties in Oregon. You are incorrect (partly) when it comes to the castle doctrine. We don't legally recognize that stand but Oregon does has "stand your ground". It is more broad and covers any private location where there are potential victims. Thus a homeowner can "stand their ground" and force out an intruder. But so also can a business owner, or even a frequent patron on an establishment (assuming they are acting on behalf of the public and the owner).

dodgeram - 1/28/2012 11:04 AM
1 Vote
MysteryMachine; We don't recognize the Castle Doctrine and it is my belief that civilians can't use less-than lethal ammo by law in the act of self defense.

caridukes - 1/28/2012 9:45 AM
1 Vote
Absolutely and totally justified. I wasn't there, and neither were any of you making rude comments, but in the dark, with the adrenaline going, just having your home invaded and someone trying to attack you, I think he showed remarkable restraint by stopping after he knew he was out of rubber ammo, and think some of the self-rightious Portlanders here who are judging would in fact have kept firing in that terrifying moment. I'm pretty sure our police would have kept firing; they don't want him to get back up and return fire, or what if that guy had partners? The police can't be everywhere at once, or get there instantly. Hence, the right to bear arms, especially in defense of one's own home and family. Good job!

blazermaniac - 1/28/2012 9:43 AM
0 Votes
His decision to use non lethal rounds might help keep idiotic portland lawmakers from banning guns. The perp will learn a better lesson getting shot than serving any jail time.

horselover44 - 1/28/2012 6:31 AM
0 Votes
I fully support this homeowner!!!

angrycitizen - 1/28/2012 5:03 AM
3 Votes
@ heydoug - read the story you moron. The first shot was as the guy was charging him. And you had the nerve to call him a dipshit. Let me explain it for all those who just don't get it: Crime + Punishment, take away the punishment and you are left with only crime. This crook should get to thank Mr Wallace for not killing him, right before he serves about 10 years.

motormouth - 1/27/2012 8:47 PM
0 Votes
CheaperThanDirt.com, rubber buck shot. Save a life. it's only furniture.

caridukes - 1/27/2012 8:17 PM
1 Vote
The first shot I can understand and think it would be considered justified if Mr. Wallace feared for his personal safety, however the second and third shot which I believe were made out of perhaps extended adrenaline for the moment was not necessary your not shewing off a cat or racoon, you may take a bite for this one but I don't think it will be too big of one.

dodgeram - 1/27/2012 6:31 PM
2 Votes
Some 15 odd years ago I was looking into less-lethal ammo for a friend of mine and back then it was illegal for a resident to USE the ammo and the bad thing is I have lost the web addresses and can't find them. So if any one out there has any info on this please post it here.

linedog - 1/27/2012 4:14 PM
6 Votes
I think the only error Mr. Wallace made was to tell the truth about the other shots. I don't think a couple of rubber slugs shot to hasten an intruder on his way is in anyway illegal.there is no way a cop would be disaplined for doing this. Give Mr. wallace the same break.
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