Sledgehammer Against a Gun

Millard Brandenburg was released from jail on Feb.2, 2007. He had two state prison terms on his record, one for a drug conviction and the other for failing to pay child support. During the past decade, Brandenburg had been cited into Hamilton Municipal Court on more than two dozen offenses including traffic citations, ethnic intimidation, aggravated menacing, drug abuse, assault, resisting arrest and forgery. He had been jailed for failure to comply with police orders. Seven weeks after he was released from jail, he showed up at Jamie Buck's home.

On Friday, March 24, 2007, Jamie Buck, a roofer, was sleeping when Brandenburg first smashed a sledgehammer into the window of his door. The home invader then burst inside his home, demanding money or jewelry. He then hit an alarmed Jamie Buck in the head with the sledgehammer.

The attack occurred in Hamilton Ohio. Thus:

Ohio Constitution (Article I) § 1.01 Inalienable Rights (1851)

All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.

In Ohio, there is no duty to retreat in your own home. Jamie Buck, with his life in immediate jeopardy, shot his assailant three times center mass, once in the left side, and once in the head. His kitchen was a bloody mess, but Jamie Buck was still alive. He then called 911, stating “This guy broke into my house....He tried to kill me with a sledgehammer, sir......He's lying dead in my kitchen.” Buck was eventually treated at Fort Hamilton Hospital for his injuries. Brandenburg received some nice toe jewelry at the Butler County morgue. An autopsy revealed alcohol in his bloodstream.

Earlier this week, Buck called for police during an incident at Bob's Cafe on Hooven Avenue. According to the police report, Mr. Buck stated he tried to stop an unidentified man from beating a woman. When he called for police he was attacked, forced to the ground and stomped. Buck suffered injuries to his eye, jaw, mouth and head in that incident, according to the police report. Hamilton police did not know whether the fight was connected to the break-in at Buck's home.

Butler County Prosecutor Robin Piper states Buck was apparently defending himself, but he will wait for the Hamilton Police to complete their investigation.

Brandenburg's family is making several serious allegations, ranging from how many times the deceased was shot, to the relationship the two men had, to why he even went into Buck's home to begin with. Brandenburg's mother says "My son worked for the guy, he came to my house every morning. He picked up my son every morning......I am positive it is same guy."

"Five times," Brandenburg's sister Christian Bowling said. "That is ridiculous, one or two would have taken him down; one or two would have taken him down. He would have had plenty of time to escape."

"I am thinking that Millard was out at 1 a.m. looking for drugs," said Chris Wenz, Brandenburg's brother-in-law. "He knew that the guy owed him money and had drugs in the house."

Jamie Buck responded, "I am going to tell you right now, I don't know this guy, I never met him in my entire life. He broke into my house, tried to rob me, hit me with a sledgehammer. If I knew him why would he try and kill me??.......He was on something, he never went down......I was scared to death man." Buck cites a drug trafficking charge on his own record from 1991.