A rural Malvern man will not face criminal charges for shooting a burglar at his residence last summer.
Mills County Attorney Eric Hansen said after viewing evidence and hearing testimony in late December, a Mills County Grand Jury made the decision not to indict 66-year-old Don Hopp.
Hopp, who had been the victim of previous burglaries, told investigators he was in his residence watching television shortly after 10 p.m. on the night of Aug. 17 when he heard noise coming from a door on the south side of his house. Hopp grabbed a shotgun and confronted one burglar and chased him out of his home. Once outside, Hopp said he tripped over a wheelbarrow and accidentally fired his gun.
One of the burglary suspects, Miguel
Martinez, 30, of Council Bluffs was struck by the gunshot and suffered minor wounds. With the help of an Omaha Police helicopter, law enforcement officers apprehended two additional suspects, Patrick Hover, 19, of Council Bluffs, and Yosvani Galindo, 33, of Omaha. Martinez was treated for his injuries and released that night.
All three suspects have pleaded guilty to charges related to the incident. Galindo pleaded guilty to second-degree burglary and received a suspended prison sentence with two years probation. Hover pleaded guilty to the same charge but is awaiting sentencing later this month. Martinez will also be sentenced after pleading guilty to attempted burglary.
Hopp declined to follow the advice of his attorney and answered questions from the grand jury on his own behalf.
Hopp told grand jurors he continues to be troubled by the burglaries and the accidental shooting that resulted in August.