Retired city officer kills intruder, police say By Karen Roebuck TRIBUNE-REVIEW Saturday, April 12, 2008 http://www.pittsburghlive.com/x/pittsburghtrib/news/breaking/s_562035.html A retired Pittsburgh police officer shot two teens burglarizing his daughter's Lincoln-Lemington home Friday afternoon, killing one and wounding the other, investigators said. Police were questioning the homeowner, Darrell Benton, a former motorcycle officer, who officials said called 911 after shooting one teen but before shooting the other. Detectives from Allegheny County District Attorney Stephen A. Zappala Jr.'s office joined the investigation, a standard procedure in officer-involved shootings. "Being that a retired police officer is involved, District Attorney Zappala believes the same sort of considerations apply, with respect to our office," said spokesman Mike Manko. Dustin Toliver, 18, was shot multiple times in the upper torso and was pronounced dead in a second-floor bedroom of the home on Apple Avenue, according to police spokeswoman Diane Richard and the county Medical Examiner's Office. story continues below The retired officer called 911 at 12:44 p.m. He said that he had shot a burglar and there was possibly another one in the residence, Richard said. When police arrived, they found the second teen, age 17, shot once in the side, Richard said. She did not know what prompted that shooting. Paramedics took the teen -- who was found in a rear second-floor bedroom -- to UPMC Presbyterian hospital, where he was hospitalized in fair condition, she said. Reports of a third intruder are being investigated, Richard said. Benton owns two homes around the corner as well as the house on Apple Street where his daughter and her two children live. Police were checking reports that neighbors called him to report his daughter's house was being burglarized, Richard said. Benton turned over his weapon and his permit to carry a weapon and was taken to police headquarters for questioning, Richard said. He retired in 2003 after about 10 years on the force. "He's a John Q. Citizen. He just happened to be a retired police officer," she said. "It was an intrusion in the home. It was a burglary in the home, and the person was defending their home." The first officers on the scene told detectives that they found the rear door kicked off the hinges and the home ransacked, Richard said. The door to the detached garage also had been kicked in, she said. Richard said detectives will confer with Zappala's office to decide if any charges against Benton are warranted. The wounded teen -- whose name was not released -- will be charged with burglary, she said. A man who identified himself as Toliver's brother arrived at the scene about an hour after the shootings and tried to go into the house, saying he wanted to know whether his brother was killed. After a police officer told him his brother was dead, the grief-stricken man lunged at the officer. He was subdued by four officers who held him against a fence until he calmed down. The man then fell to his knees in the middle of the street, sobbing and screaming, as two male friends tried to comfort him. He begged police to let him into the house to see his brother's body, crying and saying: "I want to see my brother. Please, let me see him." Police told him he could not enter the crime scene. Neighbor Helen White, a retired steelworker, said the man who was shot "had no business being in there." She said the woman and children have lived at the home for about four years and cause no problems. Karen Roebuck can be reached at [email protected] or 412-320-7939. Back to headlines --- Sounds like a good shoot, hopfully they don't charge him with anything.