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The Honolulu Advertiser
Posted on: Monday, November 23, 2009

Man shot by homeowner is charged with burglary

Advertiser Staff

Police have charged a 34-year-old man who they say was shot by a homeowner after breaking into a Ka'u home last week.

Richard Justin McNeely 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 pending further investigation.

McNeely remains in custody at the Kealakehe police cellblock pending his initial court appearance today.