Uninvited Couch-Surfer Shot by California Homeowner

This past Wednesday in Talmage, California, a 51-year-old man got home from work at 3:00 a.m. to find his front door ajar, his windows broken, and his property damaged. Various belongings had been taken outside and strewn around the yard. As he walked inside (for some reason), the homeowner found a complete stranger asleep on his living room couch.

Marcus D’Angelo Davis

courtesy kymkemp.com

According to the report, the man called 9-1-1, armed himself with “a small caliber handgun,” and started looking around the other rooms of the house.

By the time he returned to the living room, the intruder, identified as 37-year-old Marcus D’Angelo Davis, was awake. Davis ambushed the homeowner and hit him over the head with a large book, knocking him to the floor.

A struggle ensued on the ground, during which Davis grabbed onto the homeowner’s legs before the victim fired several rounds into Davis’ torso and arm. The homeowner then held Davis at gunpoint for a few minutes until deputies arrived.

Davis was treated for non-life-threatening injuries and subsequently booked into the Mendocino County Jail on $30,000 bail for vandalism, burglary, and assault with a deadly weapon. (Must’ve been one hell of a book).

comments

  1. avatar ROBERT Powell says:

    note to home-owner,,, SPEND MORE TIME AT THE RANGE, AND LOOK INTO WADCUTTERS.

    1. avatar Aaron says:

      wadcutters….that sounds like advice from the 1970s for little old widows with their late husband’s.38s.

  2. avatar Marty says:

    “A small caliber handgun”, probably a .22. No semi wad cutters here. But, they did the job in stopping the attack and maybe even saving his life. Since this is Kalifornia, the homeowner can potentially look forward to a lawsuit from the suspect. Wouldn’t be the first time.

    1. avatar Craig says:

      California has Castle Doctrine Law. Most likely he won’t go to jail but it will cost him in legal fees. This is why you it is important to join USCCA. The insurance and related coverage is priceless for gun owners.

      1. avatar Marty says:

        I don’t believe they had the castle doctrine when I left 13 years ago. This is a good thing that the Kalifornia legislature passed it, as the demonrats control a veto proof majority of the seats. I wonder what they were thinking?

        1. avatar HP says:

          It’s probably an oversight. Hopefully this case doesn’t get their attention.

        2. avatar Marty says:

          Absolutely!

        3. avatar Howard Mason says:

          Castle Doctrine became law in California in 1985.

        4. avatar Marty says:

          Don’t know how I never knew that. By chance do you have a penal code section.

      2. avatar Kendahl says:

        Or CCW Safe or ACLDN.

      3. avatar Michael Buley says:

        Agree on the USCCA. Reasonable cost for extensive coverage. And they have a pile of training videos, articles — very good stuff. Definitely peace of mind. We can be completely in the right, and go broke defending ourselves in court the way things are today.

        1. avatar KBonLI says:

          Unfortunately they don’t do business in NY State where it is really needed.

    2. avatar pieslapper says:

      Must have been that infamous .9mm.

      1. avatar Ropy saliva says:

        Definitely not a 45 mm.

    3. avatar FedUp says:

      “No semi wadcutters here”

      When was the last time you saw Remington Yellow Jackets on the store shelves?
      I kinda miss those things, but at least CCI has Velocitor now.

      1. avatar Aaron Walker says:

        CCI used to have the hyper-velocity .22 lr Stinger copper JHP. I remember using THEM many years ago. Comparable to a near .22 WMR from a Ruger 10/22. Zippy round.

        1. avatar Whoopie says:

          Ruger doesn’t recommend using the Stinger in the 10/22 due to the long case length, use the Velocitor instead.

        2. avatar Michael Buley says:

          The Stinger is something like 1600 feet per second. 180 foot pounds, whatever that measure means (I haven’t figured that out yet, but genius that I am, I’m figuring that higher is better …) For a .22, it’s got some pop to it.

      2. avatar Marty says:

        Yea, they are kind of semi wad cutters, but so small I doubt they would be any more effective than the round nose hollow points on human flesh.

  3. avatar jwm says:

    That looks like ag land. Probably a ways from any 911 help. And a healthy man can beat you to death with any blunt instrument, including a hard bound book.

    1. avatar john says:

      Just as bad in major Cali cities where the response can be 45 min.

    2. avatar sagebrushracer says:

      I grew up in that town, talmage street is ag land, orchards at vineyards. Still close to Ukiah, police response should be average, it’s not out in the boonies.

  4. avatar Michael Buley says:

    Damn. Another bad guy who lives to tell the tale. And as has been noted, possibly filing a lawsuit … what an idiot. Break in, break stuff, throw stuff outside, and then take a nap on the couch. Maybe drug-induced. Get a bigger caliber gun for the next time.

  5. avatar ANONNYMOUS says:

    Unbelievable.

    The way this article is written, alludes to the home owner/renter, not having his small caliber firearm on his person, until after entering the resident. Or did the homeowner, after discovering property damage and items thrown around –decide to enter the abode (contaminating the crime scene), find a stranger within, then go back outside to a vehicle and/or borrow a weapon from someone else, then, –re-engage the perp?

    … meanwhile back on planet earth, clearing any structure is not a healthy endeavor; if you want to remain uninjured. In a case such as this, –insurance– If you are able to afford it, and of course 911 is certainly less costly than clearing the structure on your own, very possibly causing additional damage due to a struggle, shots fired, possible bail and legal fees, etc.

    Given everyone in your camp is unharmed, pre-discovery, !back-up! avoiding ‘this’ engagement while reaching for both your phone and protection; using them both appropriately. The damage is done. Unless it is petty-theft, do you really believe there will be any form of restitution?

    So you shot the perp multiple times scoring hits; now what? He is recovering is the hospital and if convicted, will be provided with future room and board, for a yet to be determined amount of time, at you-know-who’s expense.

    And you threw yourself and whatever assets you have remaining –in the middle of that. Let’s not forget the perp is out on bail, coming/going to someone’s neighborhood.

    1. avatar GS650G says:

      Visit him at the hospital and hit him with a telephone book a few times.

    2. avatar Phil Evans says:

      A stupid dunce.
      protect you and yours.

  6. avatar Marty says:

    This is Kalifornia, where being allowed to have a firearm and ammo in the vehicle within reach will definitely get you some jail time. It’s been some 13+ years since I escaped from there, but back then it was definitely a no no. Most folks there don’t keep weapons in their vehicles, unless they live in the N/E parts of the state where they can actually get CCW permits with little problem. You are absolutely correct, If he had at least a 9mm with 3-4 shots fired, he would probably be sued by the relatives, not the dead bad guy.

    1. avatar Craig says:

      Not true at all Marty. I live in Orange County and have held a carry permit for several years now. I have several friends and neighbors that hold carry permits. I have multiple friends in San Bernardino County who also hold carry permits. Both of these counties are in Southern California.

      There are so many fallacies about California and the gun owners in this State.

      1. avatar Marty says:

        Craig, yea Orange County, like San Diego used to be very conservative. Not so much any more. I worked in law enforcement for 31 years in San Diego. When I was 18 years old, I received my CCW permit due to working as a plain clothes security officer for a high rise condominium complex in La Jolla. There are a few hold outs in So. Kal, where the sheriffs still issue permits, but they are few and far between. San Diego no more. Kalifornia allows the chief law enforcement officer of the county the right to issue, or not issue these permits. When I had mine, in capital letters on the permit it said FOR BUSINESS PURPOSES ONLY in red. In some areas it allows police chiefs to also issue permits. Maybe, also San Berdu issued “for self protection” permits, I can’t recall. But in general, self protection permits are a thing of the past for So Kal. Consider yourself lucky, you still have a pro 2A sheriff.

        1. avatar JohnS says:

          CA law allows Sheriffs to issue to their county residents, and CoPD to issue to their city residents. As already noted, it’s “may issue” – no reason required from the issuing agency for or against.

          Some/many cities have delegated that power to the Sheriff of their county.

          See the wiki article at http://wiki.calgunsfoundation.org/index.php?title=California_License_to_Carry_Concealed_Weapon_(CCW)

        2. avatar Marty says:

          Yea, when I received my permit back in 71, it was the sheriff who issued it. But I recall my chief issuing them to civilian members of our department who showed a need, such as lab techs and reserve officers who held the rank sergeant and above.

        3. avatar Ridgy says:

          Thankfully our sheriff here in Mendocino is happy to sign most every ccw permit that comes across his desk and is supportive of ccw in general . Mendo and Humboldt counties are still the wild west and he knows it. An example from the other day:
          http://kymkemp.com/2018/11/25/body-found-in-burning-van-witness-describes-encounter-with-suspect/
          Imagine driving along a backwoods mountain road and finding that scene. Response times? There isn’t even cell service to begin a response by first responders. Did I mention there was a body in the van? Suspect is still missing btw.

        4. avatar Marty says:

          Yup, you folks with pro 2A sheriffs need to do all you can to keep them in office. Donate to their re-election campaigns, even volunteer for their campaigns. These sheriffs are a dying breed.

        5. avatar Pelvicpunch says:

          Kern, Riverside, San Bernardino, Orange and Inyo counties are fairly easy going with the permit process, which is a large chunk of the southeastern part of the state.
          Our actual gun laws do suck though, no argument there.

        6. avatar Marty says:

          Yea, but that’s still a small percentage of the state. Also some of the counties in north central and north eastern used to be very pro 2A,. Don;t know if it is still that way.

  7. avatar OBOB says:

    Remember always shoot till the threat stops

    and yes I consider involuntary after death nerve/muscle twitching as a THREAT!

    1. avatar Huntmaster says:

      Unless you are trained and licensed medical personnel, how could you really know when someone is no longer a threat unless they were absolutely, not moving…

  8. avatar GS650G says:

    Should have hit the Teddy Pendergast look alike with that heavy book.

  9. avatar bontai joe says:

    Nothing much good happens at 3:00 AM.

  10. avatar Hannibal says:

    The homeowner is lucky to be alive given the foolish choices he made from the first moment he saw that his home had been broken into. Should have called five-oh from the beginning but even ignoring that, you walk in and see a random dude in your burglarized home and you turn your back on him to go check other rooms?

    Stupidity OR he’s lying and there’s more to the story.

    1. avatar kyle says:

      Catch 22. catch 44?

      in my lovely little town in CA, if i dial 911, the cops, paramedics, fire, sheriffs, and yes, sometimes even the meter maids roll the scene.

      Why do they do this you may ask???

      oh well, since you asked i’ll tell you.

      They get a piece of the tax revenue for the roll.

      oh, but wait!! what if there is not tax because it was a call that has ‘no bad guy attached’??

      oh, then they assess you a fine.

      And all those people, including yes, that sweet meter maid, get to hit ya with the fine.

      dont ya love CA?

  11. avatar Yarbles says:

    Shoot accurately with 9mm JHP MINIMUM. I use Speer Gold Dot in ALL calibers and usually carry something stronger. G32, .357 SIG, Federal Premium 150 gr. JHP.

    We don’t need this kind of extremely stupid trash around to accost others. Even in Cuntifornia.

  12. avatar FB says:

    No! 10mm 180 gr gold dot (speer) hollow point from Double Tap going at 1305fps. Only need one shot.

  13. avatar Kap says:

    hit his feet with broom handle, then shoot him as he jumps up! Surprise Mofk! that way splatter gets on walls and floor not the couch as it is a bitch too clean!

  14. avatar 69Caliber says:

    For educational purposes only… What legal risk did he put himself into, if any, for holding the perp at gunpoint until law enforcement arrived? Isn’t that false imprisonment? Or is that not valid on his own property? I always wondered this.

    1. avatar Marty says:

      Don’t see how it could be. If nothing else, he was making a citizens arrest.

    2. avatar Joel says:

      He legally put himself at risk by exercising constitutional rights in the people’s republic of commifonia….

    3. avatar Ardent says:

      I suppose it could vary some by jurisdiction, but generally speaking, if you personally witness someone committing a felony you can arrest them. In this case burglary and ag assault were witnessed…should be no problems.

  15. avatar Aaron says:

    get a freakin alarm system, dude. it shouldn’t be a surprise when someone breaks into your house, unless you are an idiot.

    all this talk about what gun or what ammo the dude should have used is stupid. a gun is not the first line of defense but down below locks, and then alarms, and then calling the cops. only when those first 3 are unavailable or have failed does the gun come into play.

  16. avatar Ed Schrade says:

    What happened to the Creedmore comment ?

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