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Immigrant Murdered For Driving into the wrong driveway

Posted by on Jan. 29, 2013 at 5:23 PM
  • 231 Replies


New details emerge in Lilburn shooting

By Christian Boone and Alexis Stevens

The Atlanta Journal-Constitution

The 22-year-old Duluth man shot by a Lilburn resident Saturday night after he accidentally pulled in the wrong driveway was struck just as he was driving off the 69-year-old retiree’s property, according to the incident report released Tuesday.

Officers said they arrived to find Rodrigo Diaz, 22, slumped over the steering wheel of his red Mitsubishi, parked at the end of Phillip Sailors’ driveway, heading east. Blood covered his face and, the report states, his breathing was labored.

Diaz was pronounced dead the following morning from a .22-caliber bullet that entered the left side of his head and fragmented, causing severe brain damage.

The accused shooter now sits in a Gwinnett County Jail cell charged with murder. According to the Lilburn police report, Sailors has said little about the incident save for a “spontaneous utterance that he shot the driver” to responding officers.

Two callers to 911 reported two gunshots and loud screams. One of the callers said a man could be heard yelling, ‘Why was someone trying to get inside [his] house.”

Sailors’ lawyer said the retiree, home with his wife at the time, acted in self-defense.

“He is very distraught over the loss of life from the defense of his home,” attorney Michael Puglise said Monday. “This incident happened late in the evening hours when he was home with his wife and he assumed it was a home invasion and he maintains his innocence.”

But Diaz’s friends say they were the innocent ones, having pulled into the Hillcrest Road driveway after receiving bad information from their GPS. They were picking up a friend to go skating with them.

Yeston Jimenez, 14, who was in the car along with his brother and Diaz’s girlfriend, told Channel 2 Action News that Sailors confronted them when he saw their car in the driveway, shooting once in the air.

Police arrived to find Diaz’s girlfriend covered in his blood, unable to get her boyfriend to respond.

After his arrest Sunday, Sailors declined, through his attorney, to speak with police.

Lilburn police are releasing few details.

“At this point we have established probable cause to charge Mr. Sailors and when the investigation is complete, we will turn over the case file to the Gwinnett County District Attorneys Officer for processing,” Police Chief Bruce Hedley said.


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If they enforced bank regulations like they do park rules, we wouldn't be in this mess

by on Jan. 29, 2013 at 5:23 PM
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Replies (1-10):
brookiecookie87
by Platinum Member on Jan. 29, 2013 at 5:28 PM
1 mom liked this

That is crazy. I have used Map Quest before and missed streets and drove into driveways to turn around or find out where I need to go to get back on track.

If someone came out and shot in the air while I was doing that I would try to drive off too.

somuchlove4U
by on Jan. 29, 2013 at 5:31 PM
9 moms liked this
I've had people pull into my driveway to turn around. I wouldn't assume home invasion until they started coming towards the house and tried to get in. I don't see how this could be self defense.
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TruthSeeker.
by Milami on Jan. 29, 2013 at 5:33 PM
2 moms liked this

 What the hell are you doing shooting someone in your driveway? Who does that?

Autumn19
by Member on Jan. 29, 2013 at 5:34 PM
1 mom liked this
ugh better not pull into a driveway to turn around anymore
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pagancuriosity
by Bronze Member on Jan. 29, 2013 at 5:35 PM

This recently happened here in PA-in Brecknock Township...luckily no one got shot, but three teenaged girls thought they were turning down a dirt road and ended up on some guy's property. Instead of asking them if they were lost, he brandished a shot gun at them. He was acquitted of all charges, but if I were him, I'd be watching out for three very angry sets of parents.

brookiecookie87
by Platinum Member on Jan. 29, 2013 at 5:37 PM
5 moms liked this


Quoting TruthSeeker.:

 What the hell are you doing shooting someone in your driveway? Who does that?

The man is old and had a gun. It seems the shot in the air was a "warning" shot. And when the guy got scared and tried to drive away the man shot him so he couldn't "get away". He made the others stay there till the Police arrived.

It's a shame the old man brought out a gun. If he used any other weapon that young adult would still be alive and he wouldn't be faced with a murder charge.

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If they enforced bank regulations like they do park rules, we wouldn't be in this mess

autodidact
by Platinum Member on Jan. 29, 2013 at 5:40 PM
11 moms liked this

bullshit. anyone to senile to understand the meaning of self defense has no fucking business owning a gun. 

SWasson
by Bronze Member on Jan. 29, 2013 at 5:43 PM

This is insane!

Mystres
by Member on Jan. 29, 2013 at 5:43 PM
4 moms liked this

I am pro gun, but I will admit.  this guy was a NUT.  People turn arround in driveways all the time, or get the wrong directions from a GPS and have to turn or stop in a driveway. I have.

babie113
by Silver Member on Jan. 29, 2013 at 5:46 PM
1 mom liked this
I agree

Quoting autodidact:

bullshit. anyone to senile to understand the meaning of self defense has no fucking business owning a gun. 

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