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Police: Man violated PFA, was shot

Published July 08. 2019 01:42PM

 

State police at Frackville are investigating a shooting that occurred in Coaldale early Sunday morning after one man shot another in the shoulder because he wasn’t supposed to be there.

Troopers said they were requested to conduct the investigation by borough police.

According to the police report, about 1:45 a.m. borough police were dispatched to a home on East Foster Avenue for a reported shooting.

Upon arrival, officers spoke with William Cannon, 21, of that address, who said he shot James Englert, 32, also of Coaldale.

Officers noted that Englert was not permitted to be on the property due to an active protection from abuse order.

The protected person, a female, resides at the address, troopers said. She was home at the time of the incident.

Troopers said Englert arrived at St. Luke’s Miners Campus in Coaldale, later with a single gunshot wound to the shoulder.

Englert was then transported to St. Luke’s University Hospital, Bethlehem Campus, and is currently stable condition.

Cannon has been charged with aggravated and simple assault, recklessly endangering another person and harassment.

He was arraigned by on-call District Judge David Plachko of Port Carbon, and released on $50,000 unsecured bail.

Troopers said charges pertaining to the PFA violation by Englert are pending.

 

Comments
Legal question: how can someone, who was enforcing a PFA against someone who wasn't allowed on the property in the first place, be charged with any crime?
You cant just shoot someone for trespassing. The police can't even arrest the guy. They only can make him leave if you have no trespassing signs posted. PFA means police will arrest him once they are there. The shooter will get in trouble. The shooter has to prove he was in danger. I am assuming this victim was unarmed so that will be very hard to prove. PA laws pretty much give you no rights to actually use your gun. Id recommend dragging the guy into the house before the cops showed up. He didn't so be prepared for the fall out!
Do not understand????? I am licensed to carry. If someone comes on my property with an intention of hurting my loved ones, with or without a PFA, and does not heed my ONE warning YOU WILL BE SHOT!!! REPEATEDLY!!!!!!!!! And I do not miss! Why is the protector being charged and treated like the criminal???
How do you know someone has an intent to hurt someone on the property? Shoot first, ask afterwards? You'll be arrested for that for sure in Jims World. A permit to carry is irrelevant to the charge in this case. It isn't a license to kill.
Guys, I'm a HUGE 2nd Amendment supporter but you can't just shoot someone because they're not where there supposed to be or they verbally threatened you or anyone else. Jim that intent better be really strong and provable. Intent is a tough one buddy. I think what you meant is if you feel like you or a family member is in immediate danger of life or limb. Don't EVER put yourself in a position to prove that you knew EXACTLY what someone was intending to do. That's not a very defensible position. You only know your own emotional state.

And more importantly we don't know the whole story. There's not a news reporter alive that would front load a story like this with any detail of the incident.

What if this guy was standing on the sidewalk asking for his socks back. Can you shoot him for that? Does your property really go to the sidewalk? Also what if Mr. Cannon has been walking around Coaldale for the last week telling everybody if he ever sees Mr. Englert he's going to shoot him in the shoulder.

Or Mr. Englert could have come busting through the front door carrying a bat yelling I'm going to beat you to death with this bat. Then yea he got what he deserved and Mr. Cannon is being done wrong.

Damnit that wasn't abrupt at all.
As a domestic violence survivor, you can bet your life that whether I have a PFA or not, any person coming on my property to harm me will be met by my trained guard dogs! Why wasn't the suspect detained until the charges were either substantiated or dropped? You are just giving him the chance to go after the woman again. Wake up folks!! He will try again!
At 1:45 AM he wasn't there for his socks I can assure you.

He got what he deserved.
Also, regardless of the circumstances, that cops number one job is to protect his own ass. So, he's gonna charge any and everyone for any crime they could have possibly committed. What would happen if he had not charged the shooter after having reasoned that it was in fact a good shoot, and then he gets back to the station and his boss says, "That's for the courts to figure out, not you to decided -- always charge to the fullest extent and leave it to others to sort out!" Oh yeah, "And here's your pink slip!" And, for any that care he would only be legally not guilty if it was proven that he thought himself or someone else was in immediate serious physical harm and shooting the guy was the only way to stop it. What is in his mind (the shooter) is what is significant legally. So, technically if the guy was there asking for his old socks back, and the shooter somehow thought the girlfriend or whomever was in immediate serious danger then the shooting should by law be justified. It shouldn't matter what the guy getting he socks was intending or doing as long as the shooter sees the harm in his own mind. That's kinda the law, but in reality it is more like what one of the other writers said.
First off James englert shouldn't have been there. He was told to leave earlier in the day and the police were called. The reason he isn't allowed at the house in the first place is bc of a PFA which he brought on himself by beating the crap out of his gf numerous times. Not to mention she isn't the first person to file a PFA against him. He sent her to the ER on several different occasions. Why are people defending a methed out POS when we should be supporting the guy who actually shot the scumbag? James is not the victim here the Canon family is. This man is nothing but a nuisance with a record a mile long for doing scumbag shit.
Just to be clear -- I wasn't defending anyone here. All legal arguments aside, the person I think probably deserves defending is the guy who shot him in the shoulder, and not dead center of his chest or in the head. But I know nothing more than I have read here. Who knows, maybe the guy was just a bad shot.
Yea, thats what i meant. If someone is threatening the life of me or my family and attacks us leaving me no other recourse but to shoot them...repeatedly...till Im sure we are safe. Thats the damn problem, the protector gets treated like the villian.
Any first year Law student would be able to get him out of this. Now, if there was no history with this guy, and no PFA in effect he would have been charged with attempted murder and probably convicted, but dont forget the law is on his side. There are also good Samaritan laws that protect him
God created man. God created woman. Smith & Wesson made them equal. Previous PFA. 0145 in the morning. Breaking in? Bang Bang. The culprit is lucky to still be alive. The Castle Domain allows you to defend yourself. Gun use should always be the last resort. Thank God they had a gun to defend themselves. Case closed. This should be a lesson to other “criminals” & to school districts as well. How would you like this to happen to you when all you would have would be a bucket of rocks? Only good people with guns can protect people from criminals with guns.
PFA or no PFA, the guy breaking in should NOT under any circumstances been released on bail. He was in the process of an illegal act aimed toward inflicting harm to the person that had filed the PFA on him. This gives the law enforcement a criminal record. A PFA literally states that the defendant shall not go to the property of the plaintiff and that the defendant will not contact, or harass, or stalk the victim. That's a clear violation of a PFA if it is in effect. If that PFA was not expired, he should have been brought in and arraigned and incarcerated not let out on bail.

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