On Wednesday morning, John Jackovich, who has owned the Big I bar for the past four years, discovered someone had pried the plywood covering off a hole on the south side of the bar. The hole, which leads to the basement, was the result of previous construction at the bar.
But rather than call police and report the break-in, Jackovich decided he was going to find out who was responsible. He carefully replaced the T-shirts the intruder had rummaged through so it would appear the burglary went unnoticed, and decided to set a trap.
He didn’t want to concern his family about what he was planning, so he didn’t tell them where he was going Wednesday night. He arrived at the Big I just after 11:30 p.m. with his .357 Smith & Wesson pistol, a gift from his late brother who died in a snowmachine accident.
“I’m not a big gun guy, and I probably haven’t touched that gun in 10 years,” he said Thursday afternoon in his office at the Big I “But everything I own is invested in this bar.”
He told the bartender what he was planning, then headed to the empty second floor of the bar.
Jackovich put his jacket on the back of a chair, set down his gun and a cup of coffee, and waited beside an open window to see if the burglar would strike two nights in a row.
He didn’t have to wait long.
Within five minutes of sitting down, he could see a man in a blue hoodie crawling out of the hole on the side of the building.
He grabbed the .357, ran down the stairs and headed outside to confront the burglar.
“I said, ‘Come on out, I got a gun,’” Jackovich recounted. “Then I heard a voice saying, ‘Don’t shoot.’”
Jackovich pointed the gun at the suspect with one hand, and with the other, called Fairbanks police on his cell phone.
“The dispatcher said, ‘Are you in danger?’ and I said, no ma’am, but somebody needs to get over here real quick,” Jackovich said.
When police arrived, they arrested Bradley Darrel Crossland, 37, of Fairbanks. He is being held at Fairbanks Correctional Center without bail on charges of second-degree felony burglary and third-degree theft, a misdemeanor.
“The whole scene could have have been a 30-minute show,” Jackovich said. “But even ‘Criminal Minds’ is an hour.”
When police searched the basement, they found nine bottles of alcohol in a black duffle bag. The bottles apparently been taken from storage rooms the intruder gained access to through crevices that only an arm could fit through.
Jackovich is thankful for FPD’s quick response Wednesday night, but he said he is ultimately disappointed in Crossland, whom he had previously hired do work around the bar.
“I’m heartbroken the guy bit the hand that fed him,” he said.
Contact staff writer Chris Freiberg at 459-7545.
The preacher I mentioned had not planned a trap or laid in wait, though there'd been a number of robberies and vandelisms in the area, [and I *think* he might have been broken into once already]. He was woken, as I remember the case, from sleep by the sounds of the burglary, [or maybe an alarm?], and had his wife call LE/911 while he ran out with a pistol. They were already in the building, and rushed him as he was checking the entry. He fired in the dark, quite undoubtably in fear, in the confusion of the moment. But he had not been shot at first, and could not know/see if they were armed or not.
Personally, given the situation and circumstances in this particular situation, and with law enforcement at present, I can easily understand the owner's response, and am glad it turned out as it did. But people should be aware that there is a real risk [of criminal charges] to the person attempting to defend their property.
If I laid in wait and sniped you, yes, that would be premeditated. The owner did not, nor did act in that way.
But yes, you are correct that someone could do that-anyplace-and be charged with a capital offense.
There are a number of instances in this State: owner defending property shoots burglar[s] or attacker and is criminally charged as a result. The most recent that immediately comes to mind was a preacher in the BigLake area, who shot at and wounded 2 burglars breaking into his church's storage, one of whom later died, I believe.
In most cases, **if there is no indication of premedation on the part of the [home]owner**, they are found 'not-guilty' [on the very defense you mention, I believe]. However in at least 1 case in the Fbk area that I remember, the home owner acknowledged that he had 'laid in wait', and was convicted, if my memory serves. In any case, the home/business defender is undoubtably out big bucks for his legal defense, even if he walks free in the end.
All cases I can remember off-hand where in State [not city] jurisdiction, and I don't know how FPD's policies might differ on the matter. And like I said, this isn't my opinion of the actions in this instance, just some food for thought, perhaps.
Google is your friend: "castle doctrine / law" is a good start point.
AS 11.81.335. Justification: Use of Deadly Force in Defense of Self.
(a) Except as provided in (b) of this section, a person who is justified in using nondeadly force in self-defense under AS 11.81.330 may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against
(1) death;
(2) serious physical injury;
(3) kidnapping, except for what is described as custodial interference in the first degree in AS 11.41.320;
(4) sexual assault in the first degree;
(5) sexual assault in the second degree;
(6) sexual abuse of a minor in the first degree; or
(6) robbery in any degree.
(b) A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter,, except there is no duty to leave the area if the person is
(1) on premises
(A) that the person owns or leases;
(B) where the person resides, temporarily or permanently; or
(C) as a guest or express or implied agent of the owner, lessor, or resident;
(2) a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer under AS 11.81.380;
(3) in a building where the person works in the ordinary course of the person's employment; or
(4) protecting a child or a member of the person's household.
This is not my judgement of his actions, or the necessity of such action under the real-life circumstances that exist. It's a statement of the established history of similar cases, assuming there were no preferential treatment for the bar-owner's social standing.
Excellent.
Remember what Col. Colt said...
"Be Not Afraid Of Any Man No Matter What His Size. When Danger Threatens Call On Me And I Will Equalize."
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10 points best comment ;)
They perp is very, very, very lucky!
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But as for Mr. Jackovich, his behavior was appropriate and civilized in dealing with an uncivilized person. And so for the moment we can cheer.
And I suspect that if Mr. Jackovich had been put in a position where he had been forced to shoot the perp, no matter how justified he might have been in doing so, he wouldn't be feeling too good about it today. As it is, he can rest in the knowledge that he handled the situation admirably and with solid self control. He's the perfect poster child for responsible gun ownership. My hat is off to him.
A man protects his property thru means HE determined to be necessary and he gets blasted by you and others! I'm fairly certain that if he had contacted the FPD prior to the perp returning, they would NOT have initiated a stake-out, inside of the Big I and waited 'til late hours just to see if the perp returned for his booty! I say, fantastic job, John! If more law-abiding citizens would do similar things, the violators would have to think twice before they try to pull off their heist! We all have the right to protect what is ours, from the dregs of society! Unfortunately, there are those in D.C. that want to take away that right, starting with the top dog!
He SHOULD have called police to deal with this, or worked in partnership with them (as police sometimes do).
Why? Police don't usually work alone. Police usually have an entire support system behind them. Police have training and tactics that most people can't generally employ, let alone a single induvidual. Police have BULLET PROOF VESTS, K-9 units, tasers, the ability to clear innocent civilians out of an area so they don't get shot, the ability to coordinate with EMT's and the fire department, etc... etc...
Common sense says to call the police to have them help with the situation.
Other than that, I hope John luck with his double bridge restarant and pub.
loosers/a alocolic etc. etc..........
It seems like many of my fellow posters need some remedial education.
TAC, as usual - ROFLMAO.