Burglar Shot, Killed By Homeowner Was In Court That Day In Unrelated Case

January 25, 2012 3:46 PM

Filed under

Local, News, Syndicated Local

Photo Galleries

'Carmageddon II'

Car Snapped: Celebrities On The Go

CBSLA Hurricane Relief Telethon

Cute Dogs And Cars

DANA POINT (CBS) — Authorities identified a burglar who was shot and killed after apparently breaking into a home as the same man who had been in court earlier in the day on theft and burglary charges in an unrelated case.

Ross Thomas Wells Mortensen, 26, of San Juan Capistrano, was identified Wednesday as the burglar who sneaked through a window into a Dana Point home in the 34000 block of Capistrano by the Sea Monday night. The homeowner shot the burglar while he was inside the house, and he was found dead in the backyard.

According to the Orange County Register, Mortensen was in court earlier that day on charges of petty theft and possession of burglary tools from an Oct. 18 case. Before he was shot and killed, he pleaded not guilty to the charges in that case.

Court records show Mortensen was also facing felony charges of possession of a controlled substance and was scheduled to appear in court in February, the Register reported.

Neighbors in the quiet community located just off Pacific Coast Highway say this resident has been the target of thieves in the past and may have purchased a gun after a previous robbery attempt.

Marie Lopez described an incident that took place last year.

“He had his garage door open and he had his wallet on the seat of his car,” said Lopez. “And he looked and he saw somebody in his car, and he yelled and the guy took off running.”

Detectives say the homeowner, who lives with his wife and small dog, was awakened by noises Monday night. He went downstairs to investigate and confronted Mortensen inside the home.

The homeowner shot Mortensen more than once.

“I would have done the same thing,” said neighbor Brad Hartstein. “You’re not gonna sit around and think ‘what should I do, what is the right thing to do?’ You’re gonna protect your rights to your home.”

Officials say once Mortensen was shot, he tried to escape out the same window he used to enter the house. He then collapsed and died in the side yard.

The resident has not been taken into custody, and will likely not face any charges.

Burglar Shot, Killed By Homeowner Was In Court That Day In Unrelated Case

John Ashton

I guess he want make his February court appointment.
rankin1

the shooter is citizen of the year.
deanster

i’d like to thank the shooter for saving the judicial system time and money.
Gary Jones

give the home owner a medal for saving court cost.
Murdock

That’s 2 cases this guy won’t have to appear on..,. Saving us some money on his original “not guilty” plea. Good job Mr./Mrs. homeowner!
WASPy

Penal Code Section 198.5

Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant
or substantial physical injury.
NLuvWLif0344

Looks like he was guilty of the charges! If only every ciitzen was armed, we would not have as much violent crime as we do. Thank you Mr. Homeowner.
Kevin

man! now i can’t go to the Carl Jr. now that he trash the windows forcing them to close it temporarly.

i think shooting him 10 times is over kill. because after 5 shots that he is already down for the count and that they could had sedue the suspect.

Andy

Obviously after 5 shots he wasn’t down for the count if he still made it to the back yard afterward. Have you ever been in a situation like that? Do you think you could remain calm enough with someone in the middle of your home in the dead of night, not knowing their intentions? Sure, it’s easy to sit there now and say it was “overkill”….the homeowner was probably completely scared! He did what he had to do. He and his family are alive and safe, end of story.

Anne

5 shots?? Where are you getting your info?? It was 2. And Ross, when he was sober, was one of the kindest, sweetest guys I have ever met. Its a shame what drugs do to good people. If he were in his right mind, he would have NEVER done this! RIP Roscoe! We will miss you and your beautiful music!

lilbrick

What are you talking about? Recommend you learn how to write using proper english.

I HATE CRIMINALS

Anne – F–K Ross; he got what was coming to him – what beautiful music are you going to miss – the melody of breaking glass – this guy was a multiple offender and you’re going to rationalize his behavior because of drug use – and if he was those things you say he was – where were you, his friends when he needed you most – no where to be found – so thanks to this home owner – he saved the tax payers a little money – and cured an addict all in the same night – good work

Anita Wynn

“The resident has not been charged or taken into custody.”

Well, I should certainly hope not!!

THE REALITY TSAR

Here in Bloomberg’s New York he would be under arrest and the full power of the State would be seeking to destroy him; defending yourself is unacceptable behavior.

BTW Bloomberg never goes anywhere with less than 6 armed bodyguards; however, we peons are on our own.

Fidel Chavez

at least at this time NOT charged, but it may turn out not good, as no apparent direct threat to human life, NO weapon? as clearly define under state law, also may get sued?? some would argue not good at all, but seen this happen before, just have to wait it out and see what follows?? does not matter if he had already been to court on an unrelated case pending?? it is the way the law is written, that people fail to understand, but facts are facts.
Big Jim

Good way to lighten the court load.
Realism

Shoot first and ask questions later. F CA law, liberal hippies! Your in my house your dead. I wouldn’t have even called the cops. Wait till night and take him to the salt flats, six feet deep. No ones looking for that piece of sh__. End of story.
Tiffany

I’m Glad that guys dead. His parents must be so proud of his accomplishments on earth.
A Friend

Its pretty sad to see how callous people can be when they don’t know someone. I understand what he did was wrong, but please understand that Ross was consumed by a need for a drug that led him to do a desperate thing. I knew Ross since we were in 8th grade, and he was one of the nicest and most respectful guys I knew. He was so good at everything it was ridiculous. One of the best guitarists/musicians I’ve ever heard and his skating skills were always legendary when we were younger. Always making everyone laugh, he was quick to laugh himself, with a wit and sharp mind that few had. Just a fun guy to be around. Obviously, he lost his way and got caught up in the wrong lifestyle after he moved to LA. Recently out of rehab, it sounds like addiction still had such a strong grasp on him that it led him to steal for his habit. But please know that he was not a violent person and would NEVER have hurt anyone with the same deadly force that he was dealt. Even though his actions were wrong, please have a little respect for the dead and their family. Even though people reading this article only see him as a druggie and theif, those of us that knew him know how great of a guy he was, and that’s all that matters. But for the family’s sake please keep all your negative comments to yourself, because it hurts all of us who knew the great qualities that Ross had. Miss you Ross, sorry it had to end like this..

nicadmeus

Sorry Pal…anybody breaking into homes is no more good kid / wonderful guy and all that stuff. He’s an Intruder…in someone’s home who has no idea if this guy is violent or not. Drugs or no drugs…He put himself in danger. IT IS WHAT IT IS.
Eric Pollinger

Friend,

You’re dealing with a black and white crowd and so your comments will fall on deaf ears. I’m sorry for the loss of your friend and also glad the home owner won’t be prosecuted – though I wish he could have used the gun to just prevent escape.

-Eric

I HATE CRIMINALS

A Friend, Eric – first of all the Ross you knew was no more – he was consumed by a drug and that changed him mentally – and because he was changed mentally you cannot say for certain he would not have resorted to violence in this or any other given situation – the fact the he could strum a guitar, skate, have quick wits, etc. are all irrelevant – there are many people who are on drugs who are still functional, who don’t resort to this kind of activity to feed their habit – and if he was as smart as you say; with the continued help of his friends (where were all of you) he could / should have been in some intensive program somewhere – you ask us not to look at Ross as a druggie and a thief but that’s exactly what he was – a druggie and a thief – Eric – the home owner did use his gun to prevent escape – he prevented a druggie and thief form escaping his premises to commit additional crimes and possibly do harm to some innocent person as he searched for his next fix

deen

ross you are now out of your pain and misery….feel sorry for the family.
Dee Dee Blair

So sorry his life did not turn out the way his family , and he wanted. Tragic for the homeowner to be put in such a horrible position and for the pain his family must be experiencing. No winners in this tragic story
David Tanis

She found the credit cards and other contents of his wallet in her trash can that was behind a high gate not viewable from the street. I think Ms. Lopez better have a talk with her son (or daughter, if she has either). just an idea.
Diana

I just found this news out today. The young man was a dear friend to my daughter and I liked the guy. I know the homeowner was within his rights of the law but I just don’t get the mean spirited and inhuman remarks I’m reading. I’m sickened literally by them. If some day, you find yourself in the position of this young man’s family and friends, you’ll understand this was a human being who had people who love them and are going through hell. I am a single working mom of two girls living in a somewhat shady area of town and I wont have a gun in my home there’s not one material item worth a person’s life. Remember, he was not going to hurt anyone. Shame on all of those who made hurtful remarks. If you find someone dying alone and scared humorous, well I’d hate to be in your shoes when it comes back on you.

deanster

considering this is last month’s news, diana must not speak to her daughter that often. or diana just got out of a rehab facility where they close of all contact with the outside world. or her daughter just has so many dear friends, her poor mom just can’t keep track of the deaths.