Davenport man gets 10 years for shooting during attempted burglary

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DAVENPORT, Iowa (KWQC) — Court records show that Byron Blackwell has been sentenced to 10 years in prison after shooting a man who was trying to break into his truck. The incident happened November 1, 2016 in the area of W. 14th and Davie Streets.

Police say Byron Blackwell was inside his home and was made aware of someone possibly breaking in to his vehicle parked in the alley. Police say he armed himself with a shotgun and confronted the subject inside his vehicle. Blackwell pointed the gun at the subject, at which time the subject ran.

Blackwell fired one round at the subject as he was running away, and also fired one round at an unknown vehicle leaving the area.

Police say the investigation revealed Blackwell did shoot the person in the back and they required emergency medical treatment, including surgery for life threatening injuries.

In March, Blackwell pleaded guilty to willful injury causing serious injury. The charges of attempted murder and going armed with intent were dismissed.

ORIGINAL STORY from November 1, 2016, 5:58 a.m.

DAVENPORT, Iowa (KWQC) -- Police responded to the area of W. 14th and Davie Streets around 3:30 a.m. Tuesday for a shots fired call.

Police blocked off W. 14th from Davie to N. Division streets while officers worked the scene. A crime scene unit blocked off the area with yellow tape.

There was a heavy police presence in the area for several hours. Officers took photos and canvassed the scene.

No word on any injuries, damage or suspects in connection to the incident. KWQC was expecting more information from police on Tuesday morning.

UPDATE: 8:40 a.m.

A Davenport man was arrested for shooting another man he told police was breaking into his truck.

The call came in on Tuesday, November 1, 2016, around 3:32 a.m. Police and EMS responded to 1300 Division St. in reference to a shooting. Police say a man was taken to Genesis Medical Center with life threatening injuries.

After a preliminary investigation, police say 26-year-old Byron Blackwell was armed with a shotgun when he confronted the man they say was breaking into Blackwell's truck. According to the report, Blackwell shot him during the confrontation.

Blackwell has been charged with willful injury causing serious injury and going armed with intent.

Anyone with information is asked to call police.

UPDATE: 2:00 p.m.

Police have released more details into the shooting that occurred early Tuesday morning.

Police say Byron Blackwell was inside his home and was made aware of someone possibly breaking in to his vehicle parked in the alley. Police say he armed himself with a shotgun and confronted the subject inside his vehicle. Blackwell pointed the gun at the subject, at which time the subject ran.

Blackwell fired one round at the subject as he was running away, and also fired one round at an unknown vehicle leaving the area.

Police say the investigation revealed Blackwell did shoot the person in the back and they required emergency medical treatment, including surgery for life threatening injuries.
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When is deadly force acceptable? Lawyer outlines Iowa Law — By Emma Hogg

The Davenport Police Department arrested Byron Blackwell Tuesday for shooting a man police say was trying to break into his vehicle. Blackwell was charged with willful injury and going armed with intent. After the incident some area residents were left wondering what laws Iowa has in place regarding protection of property.

"I would not recommend trying to discharge a firearm at somebody trying to protect personal property, unless your own life or the life of your family is involved or somebody else is involved," said Attorney, John Moeller. "The use of deadly force is going to be very dangerous in Iowa and could result in a criminal charge, and civil lawsuits."

According to the Iowa Code, "a person is justified in the use of reasonable force to prevent or terminate criminal interference with the person's possession or other right in property."

Moeller said using deadly force in situations that don't adhere to the Iowa Code, could result in criminal charges.

"I would not recommend using deadly force unless you are clearly protecting yourself or another person. I would not recommend deadly force to protect property under any circumstance."

For more information on the Iowa Code, and what laws are in place as it relates to force and protection of property, visit the Iowa Legislature website.