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Shooting Suspect Recently Got Guns Back From Police

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By LATISHA R. GRAY

Sarasota Herald-Tribune

Published: February 7, 2008

SARASOTA - Paul Kallenbach was so angry after a fatal gunfight at the Kwik Stop that after firing a number of rounds outside the convenience store, he took one last shot at a motorist, police said.

One man was dead, and Kallenbach, 40, was wounded and hunched over in the median of U.S. 41 after a shootout about 9 p.m. Monday in the store at 3432 N. Tamiami Trail. A passing driver saw Kallenbach and stopped to see whether he needed help, according to police documents released Wednesday. Kallenbach raised his head and shot at the driver but missed, the report says.

Kallenbach's mother had been concerned about him having weapons and was relieved when officers confiscated them last summer, documents show.

When Kallenbach was pulled over by a patrol car in the Newtown area in June, officers found seven firearms -- rifles, pistols and shotguns -- and more than 500 rounds of ammunition in his trunk.

He was evaluated by a psychologist, and less than 24 hours later he was back at the police department demanding the weapons.

In November, a judge ordered that the guns be returned to Kallenbach, who has a concealed weapons permit. There was no written objection to the request, and neither the state nor the police property manager at the hearing objected.

That was a mistake, said Sarasota police Capt. Stan Duncan, adding that he and other officers involved in the case were never told about the hearing.

"I can count on my hands the number of people who are mentally ill driving around with 600 rounds of ammunition in a neighborhood they don't live in," Duncan said. "It's a huge red flag. If you are doing a threat assessment, it's prudent to interview the people involved with the case."

Kallenbach did not have any outstanding warrants, restraining orders or anything else that indicated to the judge he should not have the weapons, according to an audio clip from the hearing.

"If the prosecution and the police say they have no objection, you can hardly expect the judge to second-guess that determination," said John Batey, criminal justice professor at Stetson University College of Law. "It's unfortunate, but no one can predict the future."

Kallenbach was carrying three guns when he fatally shot Jon Teko Howard, 35, at the convenience store Monday, police said. Howard was able to wrestle one of the guns from Kallenbach and shot him in the leg and shoulder area.

Kallenbach was charged with second-degree murder with a firearm, aggravated assault with intent to commit a felony and discharging a firearm in public.

He was in Sarasota County Jail on Wednesday. Bail was set at $75,500.

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