7-22-2002 New Mexico:
ALBUQUERQUE — A woman overpowered and killed a convicted sex offender who had broken into her home and had tried to rape her, police said.
The woman, identified only as being in her early 30s, told police she was home alone and was asleep in her bed when she was awakened about 1:30 a.m. Saturday by a flashlight pointed toward her face and with a man straddling her, Albuquerque police Capt. Marie Saenz said.
The man, 51-year-old Michael Magirl of Albu quer que, was listed as a convicted sex offender on a state Department of Public Safety Web site. Magirl was convicted of criminal sexual penetration in March 1984 in Curry County.
Saenz said when the woman woke up, Magirl had a gun pointed at her chest. When she screamed and struggled, he threatened to kill her, Saenz said.
The victim, who did not know Magirl, decided to fight her attacker. She wrestled the handgun away from him and fired it three times, hitting him twice in the upper torso, Saenz said.
Magirl died at the scene. The woman suffered minor injuries.
Police called the death a justifiable homicide.
"In this case, the victim made the decision to struggle and fight back," Saenz said. "She made the decision that she was going to survive this incident."
Saenz said the woman was in good shape, but she said every case is different and police don't encourage victims to fight back.
"We encourage the victim to do what she feels is right in her circumstance," she said. ..more.. by The Lubbock Avalanche-Journal
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