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The Honolulu Advertiser
Posted on: Sunday, November 22, 2009

Man shot in home break-in charged; Big Island homeowner released


Advertiser Staff

Hawaii news photo - The Honolulu Advertiser

Richard Justin McNeely

Big Island Police

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Big Island detectives have charged a 34-year-old man who they say was shot by a homeowner after breaking into a Kau home Thursday.

The man has been identified as Richard Justin McNeely.

He was charged Saturday with burglary, terroristic threatening and other counts. His bail was set at $10,000.

The homeowner, John Fitzsimmons, 45, has been released from custody while detectives continue their investigation.

Police were sent to the Hawaiian Ocean View Estates subdivision around 10 p.m. Thursday. They reported that Fitzsimmons was sleeping in his home on King Kamehameha Boulevard when McNeely, an acquaintance, climbed through a living room window, entered the bedroom and punched him several times while he lay in bed.

McNeely, then left the house. When he tried to re-enter through the front door, Fitzsimmons fired two shots, hitting McNeely in the left leg, police said.

McNeely, who has no permanent address, was treated and released at Kona Community Hospital.

Fitzsimmons needed no medical attention. He was arrested at the scene for assault but released Friday pending further investigation.

McNeely remains in custody at the Kealakehe Police cellblock pending his initial court appearance Monday.