In the early morning hours of September 1972, while he waited watching his garage which had been previously burglarized several times, Charles Fix encountered an intruder, Joseph Hoy. After startling Hoy by turning on the lights and holding him at bay with a gun while he attempted to call the police, the young man allegedly attempted to assault him, whereupon Fix fired two shots, the second of which was fatal. After an investigation, criminal charges were not brought against Fix. However, the father of Joseph Hoy, decided to file a civil suit against Fix, who after a short time filed asking the court to dismiss the suit because it was he who was attacked.
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From the Pottsville Republican, September 2, 1972:
AUBURN YOUTH SHOT, KILLED BY SERVICE STATION OWNER (3:15 a. m. Today)
A 19-year-old R. D. 1 Auburn man was killed early this morning by the owner of a garage and service station who, Schuylkill Haven State Police say, surprised him in the act of burglary.
Joseph Hoy was pronounced dead on the scene at 3:45 a. m. by Deputy Coroner Peter Yasenchak, Auburn.
His body was taken to Pottsville Hospital where an autopsy will be performed by Dr. R. E. Hobbs, pathologist.
According to police Charles H. Fix, 28, owner of Fix’s Garage and Service Station, Route 895, a half mile west of Auburn, surprised Hoy at 3:15 a. m. in the garage which he had entered by breaking a window on the west side.
Police, who are being assisted in their investigation by Frank Evans, chief of county detectives, say charges may be brought against Fix at a later date.
Worked at Acadia
He was born in Pottsville, a son of Charles Hoy and Catherine [Greth] Hoy. He was a 1971 graduate of Schuylkill Haven Area High School, and had been employed at the Acadia plant which closed operations Friday.
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From the Shenandoah Evening Herald, September 2, 1972:
A 19-year-old Auburn RD 1 resident was fatally shot early this morning while burglarizing a service station along Route 895, one-half mile west of Auburn.
State police identified him as Joseph Hoy. Police said Hoy had broken a window on the west side of the building to gain entry was was inside then surprised by Charles H. Fix, 28, Auburn R. D., owner of the station who fired the shot.
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From the Allentown Morning Call, September 2, 1972:
Charles Fix, owner of Fix Garage, Route 895, west of Auburn, victim of several burglaries, reportedly was waiting in his station when a youth, Joseph Hoy, 18, broke into the premises. Fix killed Hoy with two shots from a 30-30 hunting rifle when the youth began to attack him.
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From the Allentown Morning Call, September 3, 1972:
19-YEAR OLD SHOT, KILLED AS INTRUDER
A 19-year-old Auburn R. D. 1, Schuylkill County, youth was shot and killed early Saturday. The owner of a garage and service station said he surprised the youth in the act of a burglary.
Joseph Hoy was pronounced dead on the scene at 3:45 a. m. by Schuylkill County Deputy Coroner Peter Yasenchak of Auburn.
State Police at Schuylkill Haven said Charles H. Fix, 28, owner of Fix’s Garage and Service Station, Route 895, a half-mile west of Auburn, surprised Hoy at 3:15 a. m. in the garage, which, police say, Hoy had entered by breaking a window on the west side of the building.
Hoy’s body was taken to Pottsville Hospital, where Dr. R. E. Hobbs was scheduled to perform an autopsy.
Police, who are being assisted in the investigation by Frank Evans, Chief of Schuylkill County Detectives, said charges may be brought against Fix at a later date.
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From the Hazleton Standard-Speaker & Allentown Morning Call, 5 September 1972:
SHOOTING PROBE CONTINUES
State police at Schuylkill Haven said Monday investigation [is] continuing in the fatal shooting of [an] alleged burglar… 19-year-old Joseph Hoy of Auburn R. D. 1.
State police said Hoy was shot at 3:15 a. m. Saturday by Charles H. Fix, 28, owner of a service station on-half-mile west of Auburn. Police said Hoy entered the building by breaking a window on the west side and was surprised by Fix in the act of a burglary.
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From the Schuylkill Haven Call, September 7, 1972:
YOUTH BREAKING INTO AUBURN RD GARAGE IS KILLED
Charles H. Fix, of Fix Garage and Service Station, Route 895, a half-mile west of Auburn, who had been the victim of several burglaries during the past months, reportedly was waiting in his station early Saturday morning when a youth broke into the premises.
Minutes later Fix killed Joseph Hoy, 19, Auburn R. D. 1, with two shots from a 30-30 hunting rifle when the youth began to attack him, Frank Evans, Chief Schuylkill County Detective, reported Saturday night.
Hoy was pronounced dead at the scene at 3:45 a. m. by Peter Yasenchak, deputy county coroner.
According to Evans, on Friday night, Fix crouched in the darkness of the station with the rifle waiting for another burglar. About 3:15 a. m. he said he heard a vehicle stop at the gasoline pumps and minutes later he heard a window break on the west side of the garage. Detective Evans said this was the same window used by burglars last weekend.
After the intruder was in the station, Fix is said to have turned on the lights and recognized Hoy. Fix is reported to have told the youth to halt while he telephoned for the police.
Fix told police that Hoy then picked up a tool from the workbench and he (Fix) fired. Detective Evans said Fix explained that he didn’t aim, just pulled the trigger.
Hoy was reportedly hit but lunged forward and Fix is said to have fired again. Hoy fell between a station wagon inside the garage and the garage door.
Evans said that after the shots, Fix looked outside and waw a pickup truck which he recognized as belonging to Hoy. He said he was the truck being driven away.
An autopsy completed late Saturday night in the Pottsville Hospital is reported to have disclosed he was shot near the center of chest and in the abdominal area. The bullet which entered the abdomen is also reported to have traveled to Hoy’s right arm.
Hoy was born in Pottsville, a son of Charles Hoy and Catherine [Greth] Hoy.
He was a 1971 graduated of Schuylkill Haven High School and had been employed at the Acadia plant, Pottsville, which closed operation Friday.
He was a member of St. Paul’s United Church of Christ, Summer Hill.
Surviving in addition to his parents, are his stepmother, Margaret I. [McCleary] Hoy, at home; three brothers, his twin, Robert l. Hoy, and William C. Hoy, both at home; Ernest E. Hoy, serving with the U. S. Army in German; step-brothers Terry and Gary, both at home; his paternal grandparents, Mr. and Mrs. Edward S. Hoy, Pine Grove.
Funeral services were held Tuesday afternoon from Bast & Detwiler Funeral Home. The Rev. Roger Snyder officiated with burial in Schuylkill Memorial Park.
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A colorized portrait photograph of Joseph Hoy, from the 1971 yearbook of Schuylkill Haven Area High School.
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From the Pine Grove Press Herald, September 7, 1972:
GUNSHOT VICTIM RELATIVE OF LOCAL RESIDENTS
Funeral services for Joseph Hoy, 19, of Auburn R. D. 1, were held Tuesday afternoon from the Bast and Detweiler Funeral Home, Schuylkill Haven, with the Rev. Roger L. Snyder officiating. Interment was in Schuylkill Memorial Park, Schuylkill Haven.
Hoy was killed early Saturday morning by Charles H. Fix, 28, owner of a service station located on Route 895, a half mile west of Auburn. According to Schuylkill Haven State Police, Fix surprised Hoy at 3:15 a. m. in the garage which he had entered by breaking a window on the west side. Further nvestigation is being conducted by the police and county detectives.
Hoy was pronounced dead at the scene by Deputy Coroner Peter Yasenchak of Auburn and the body was removed to Pottsville Hospital for autopsy, and later released to Bast and Detweiler Funeral Home, Schuylkill Haven….
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From the Shenandoah Evening Herald, November 8, 1973:
SUIT FOLLOWS DEATH
The father of a youth fatally shot has filed a damage suit in excess of $20,000. The action was brought by Charles Hoy, administrator of the estate of Joseph E. Hoy, Schuylkill Haven, R. D. 1, against Charles Fix, Auburn R. D. 1.
The suit alleges on September 2, 1972, at 3 a. m., the late Joseph Hoy was wantonly, intentionally, woefully, recklessly and negligently killed by Fix who allegedly discharged two shots from a bolt action rifle.
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From the Shendandoah Evening Herald, December 29, 1973:
SUED FOR SHOOTING
Charles Fix, of Auburn, is asking the court to dismiss a suit filed against him by the father of a youth fatally shot while allegedly burglarizing Fix’s place of business, a garage.
The suit was filed by Charles Hoy of Schuylkill Haven, R. D. 1, whose son Joseph died after being shot at 3 a. m. September 2, 1972.
Hoy’s suit charges that his son was “unlawfully, intentionally, wantonly, woefully and negligently killed” by the action of Fix who pointed and discharged two shots from a bolt action rifle.
In his answer, Fix denies the accusations and stated that he acted “reasonably and lawfully” because the victim was on his premises and threatening his life.
Fix stated that he was inside his place of business after closing hours when Joseph Hoy broke a glass window and entered unlawfully. After entering, the alleged burglar started to take personal property and conceal it on his person, Fix said.
Fix stated that he accosted Hoy and told him to desist, but he refused and tried to commit assault and battery “and other grievous and serious harm” which threatened Fix’s life.
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Articles from Newspapers.com.
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