Deputy defends home. (Exercising the Right).

Daniel T. Kendzierski of Cleveland, Ohio, was paroled on March 5th of this year after serving 10 years of a 5-to-25-year sentence for felonious assault and aggravated burglary. In the early 1990s, he had broken into a home and fired shots at the resident and at the police officers attempting to arrest him.

Kendzierski's criminal record also included shoplifting, drug, and burglary convictions, as well as numerous probation violations. In 1990, he was arrested for "huffing" (using euphoriant inhalants) after police found him in possession of gold paint in a plastic bag.

Shortly after 11 p.m. on April 23rd of this year, a Summit County, Ohio, sheriff's deputy and his wife were watching television in their bedroom when they heard glass breaking in a spare bedroom. When the deputy, armed with a .38-caliber revolver, went to investigate, he found Kendzierski trying to rip off a storm window to gain entry. The deputy ordered Kendzierski to stop. When he did not, the deputy fired a single shot that struck him in the torso. Kendzierski was pronounced dead at 3:35 a.m. the next morning by the Summit County Medical Examiner's Office.

According to investigators, two spraypaint cans and a plastic bag were found on the rear porch of the residence, and Kendzierski's hands, face, and hair were smeared with paint. He had apparently "huffed" to get "high" moments before attempting the break-in. There were also indications that Kendzierski may have had an accomplice who likely fled after hearing the gunshot.

The deputy was not identified, pending completion of a joint investigation of the incident by the sheriff's department and county prosecutor's office. Neither he nor his wife were injured.