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Al: Armed Employee's Father with .45 Shoots Robbery Suspect Armed with .22 Pistol
Gun Watch ^ | 24 October, 2016 | Dean Weingarten

Posted on 10/30/2016 5:07:30 AM PDT by marktwain

The exact circumstances of this shooting in Anniston, Alabama, are a little uncertain. It happened on 22 October, 2016, just before 8:59 p.m. One source says that Malachi Hicks, the robbery suspect, was running away when he was shot by the employee's parent, who was armed with a model 1911 in .45 ACP. The Anniston Police Chief, Shane Denham had this to say.

From annistonstar.com:

Denham said Hicks was apparently lying in wait as employees were closing the restaurant for the evening. Hicks was armed with a .22 caliber pistol, Denham said.

“He forced his way into the back of the business and got that night’s proceeds,” Denham said.

Denham said that as the crime occurred, one employee ran out the front of the business to where his parents were parked to pick him up. Upon hearing of the robbery, the employee’s father grabbed a .45 caliber pistol, confronted Hicks behind the building, then shot him multiple times.

Shooting at someone who is running away is frowned upon in most states. But it always depends on the circumstances and the state you are in.  In Texas, for example, there are special provisions if the crime occurs at night, on your own property, or if a reasonable person would believe it would be necessary to prevent the loss of movable property.  It is important to know the laws for the area where you live. There are some general guidelines that apply across the nation as a whole.

If someone has moved far enough away so that they are no longer a threat, shooting at them is a bad idea.  That bullet has to be accounted for.  In densely populated areas, there is the chance that it will hit an innocent.  There is a real chance of property damage.  But there is one situation where juries and prosecutors usually agree that shooting can be considered reasonable.

That is where the the person doing the shooting has already been threatened with a weapon that is effective at a distance, such as a gun.  The person cannot know if the movement of the person threatening them is really a retreat, or simply a tactical move to cover or a better position to shoot from.  It is not uncommon for criminals to fire back toward possible pursuers, to cover their escape.  They are still a deadly threat.

We do not know how the prosecutor in this case will rule.

Anniston, Alabama is a fairly small town of about 23,000.  It is home to the Anniston Army Depot, which employs 3,400 people directly.  The Army is obviously a major employer in the area.  Small town, with the Army as the major employer.  A great place for military retirees.

I doubt that the man with the .45 will be charged.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Business/Economy; Military/Veterans; Politics; Society
KEYWORDS: al; anniston; banglist; shooting
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Anniston is a Second Amendment friendly town.
1 posted on 10/30/2016 5:07:30 AM PDT by marktwain
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To: marktwain

That 1911 was probably an employee purchase of a real Government 1911.


2 posted on 10/30/2016 5:09:56 AM PDT by Gaffer (DKS, CRS, DGAS, AWS)
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To: Gaffer

So, where is the equality in that? Obviously the guy with the .22 was outgunned so how is that fair? ;-)


3 posted on 10/30/2016 5:11:01 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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To: marktwain

“I doubt that the man with the .45 will be charged.”

...for now. Until the ‘crime’ is FEDERALIZED by Clinton...then he hangs for just having the gun with him.

(something that you lurking NeverTrumpers might want to consider)


4 posted on 10/30/2016 5:13:17 AM PDT by BobL (If Hillary wins, there WILL NOT be another contested election, for decades - think AMNESTY)
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To: marktwain

I always worry about these cases, since so much depends on the local prosecutor and interpretation of the law. However, if I were on the jury, I’m past the point where I will rule based only on the letter of the law. It would take a lot for me to vote “guilty” when any decent person shoots a robber.


5 posted on 10/30/2016 5:19:10 AM PDT by Pollster1 (Somebody who agrees with me 80% of the time is a friend and ally, not a 20% traitor. - Ronald Reagan)
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To: marktwain
Anniston is a Second Amendment friendly town.

An armed society is a polite society.

6 posted on 10/30/2016 5:21:36 AM PDT by Lonesome in Massachussets (optional, printed after your name on post)
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To: marktwain

Anniston is home to the CMP.


7 posted on 10/30/2016 5:32:08 AM PDT by real saxophonist ( YouTube + Twitter + Facebook = YouTwitFace.com)
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To: rktman

You forget. Situations like this are always a gamble. So, the proper way to do it is...

“Sir, I’ll see your .22, and raise you .23.”

That gives the bad guy an opportunity to call or fold.


8 posted on 10/30/2016 5:34:48 AM PDT by moovova
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To: Lonesome in Massachussets
"An armed society is a polite society. " Agree, I'm a vet and an old school 1911 advocate. What I want to see are pics of the .45 entry and exit points. Should be a thing of beauty for sure 😊!
9 posted on 10/30/2016 5:39:34 AM PDT by snoringbear (E.oGovernment is the Pimp,)
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To: marktwain

Anniston Alabama was the basic training base of the old Women’s Army Corps, the WACS, which was shut down decades ago.


10 posted on 10/30/2016 5:43:14 AM PDT by Ciexyz (After eight years of Obama, I can't afford to buy nothin'.)
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To: marktwain

Having lived in Anniston and had a CCW there for decades, I can guess that the court will not prosecute the man with the .45. Many moons ago, when you obtained your CCW in Calhoun County (the county of Anniston) you were automatically placed on a list of ‘reserve deputies’ for ‘in case of emergencies’. ... BTW, the man with the .45 had more than one hit on the perp. We used to practice a lot down there ...


11 posted on 10/30/2016 5:44:19 AM PDT by MHGinTN (A dispensational perspective is a powerful tool for spiritual discernment)
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To: marktwain

The hero is safe only if he lawyers up and keeps mouth shut. He will never be convicted in the absence of some well intended but stupid statement.


12 posted on 10/30/2016 5:44:49 AM PDT by anton
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To: marktwain

Don’t bring a pea shooter to a gun fight.


13 posted on 10/30/2016 5:59:11 AM PDT by Arm_Bears (Rope. Tree. Politician/Journalist. Some assembly required.)
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To: rktman

“So, where is the equality in that? Obviously the guy with the .22 was outgunned so how is that fair? ;-)”

Indeed, it’s not fair at all! Must start a new government program! Instead of the “Obamaphone”, it will be the “Obamagun”. All those who cannot afford a decent caliber pistol can apply to get one for free, along with a monthly allotment of bullets . I’d suggest that a pilot program first be tested out in the south side of Chicago area. They can set up booths on busy street corners every few blocks, and those low income folks who can pass a background check shall be issued a free Obamagun. Of course those who don’t pass the background check will be stuck having to continue using their little .22’s.


14 posted on 10/30/2016 6:09:37 AM PDT by Carthego delenda est
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To: snoringbear

Two year Army vet. My MOS 15E, Pershing Missile Crewman, but I worked as an S-2 clerk in a Pershing Battalion HQ. My desk came with a loaded M1911. There didn’t seem to be any arms room accountability, it was just there. S-2 is intelligence and security, and often my duties required being armed with an M1911 or .38 “on the Strasse”, i.e., in off base settings in Germany. On these occasions, I would draw a pistol from the arms room. Turns out during an AGI they realized that I had been drawing pistols from the arms room regularly, without ever receiving any pistol training, except with a Fanner 50 as a boy. They took a bunch of us to the pistol range where in about 15 minutes we all qualified with pistol. My Fanner 50 training paid off. We didn’t use swivel holsters in the Army.


15 posted on 10/30/2016 6:14:03 AM PDT by Lonesome in Massachussets (optional, printed after your name on post)
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To: moovova

:-)


16 posted on 10/30/2016 6:18:17 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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To: Lonesome in Massachussets

Fanner 50 provided much needed training for me also. ;-)


17 posted on 10/30/2016 6:20:15 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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To: Arm_Bears

If you really think a .22 is a pea shooter try shooting yourself with it, a pea shooter won’t even leave a mark. Many a grave is filled with the victims of the .22 rimfire. There is a huge difference between a saturday night special .22 loaded with cheap ammo and a quality weapon loaded with CCI Minimags or Stingers. It can be the difference between a minor wound and death. My brother used to tell me that you will have a hard time killing a dog with a .22 and then he himself brought down a large feral dog at 200 feet with one shot from an H&R .22 pistol he paid five dollars for in a pawn shop back around 1960. I grew up eating home butchered beef and pork brought down in every case with a .22 SHORT fired from a Remington rifle by my father. He never needed a second shot, every animal dropped in his tracks.


18 posted on 10/30/2016 6:31:52 AM PDT by RipSawyer (Racism is racism, regardless of the race of the racist.)
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To: rktman

Yeah, but did you have a swivel holster?


19 posted on 10/30/2016 6:35:24 AM PDT by Lonesome in Massachussets (optional, printed after your name on post)
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To: Lonesome in Massachussets
"My MOS 15E, Pershing Missile Crewman, but I worked as an S-2 clerk in a Pershing Battalion HQ."

As it happens, I was First Sergeant of HHB 141 FA at Schwaebisch Gmund, Germany, 1976-1979, and one of the things I had to clean up during that tour of duty was weapons accountability. But the major problem I had to deal with during that tour was the large number of drug addicts I found manning nuclear weapons.

20 posted on 10/30/2016 7:13:16 AM PDT by DJ Taylor (Once again our country is at war, and once again the Democrats have sided with our enemy.)
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