(CA) Store owner kills robber

Modesto Bee ^ | 12/24/02 | Ty Phillips

[hoosierskypilot]

A Modesto sports memorabilia store owner shot and killed a gunman trying to rob the shop Monday afternoon, police said.

Detectives questioned and later released Dave Prendergast, 57, after the shooting, which happened at Dr. Sports Cards & Collectibles at 415 Burney St.

Evidence was inconclusive in determining whether detectives would recommend criminal charges be filed against Prendergast, Detective Phil Owen said.

The robber, who was shot once in the head, had not been identified late Monday, police spokesman Doug Ridenour said.

At 1:15 p.m., several witnesses heard two gunshots come from inside the downtown Modesto business. Moments later, a man with a black mask over his head stumbled out of the store and collapsed in the sidewalk.

Prendergast called 911 and told police there was a robbery in progress. He also told a dispatcher that he had shot the robber, Ridenour said.

Paramedics and firefighters arrived minutes later to find the robber lying on the sidewalk. They worked to revive him as a small crowd gathered behind the yellow police tape barrier.

The robber lay on his back, most of his clothing cut free, as paramedics took turns giving him CPR. He was taken to a hospital and pronounced dead on arrival.

During an interview after the shooting, Prendergast told detectives the robber had been in the store earlier Monday and had purchased several items, Owen said.

The man returned in the early afternoon hours, looking around while he waited for other people to leave the store. Once the robber and Prendergast were alone, the robber approached the store owner and displayed a semiautomatic handgun, Owen said.

"He pulled the gun out and told (Prendergast) to get into the back room," Owen said. "The store owner said he thought the guy was going to kill him. His words were, 'I didn't want to be killed in the back room.'"

Instead of going to the back room, Prendergast told detectives he pulled out a semiautomatic handgun and fired two shots, Owen said.

One of the shots struck the robber in the face; the other shot missed, Ridenour said. The robber did not fire his gun, Owen said.

Several people who work in businesses along Burney Street described Prendergast as a man who quietly goes about his business.

Vishal Chunilal, who works at the Provision House liquor store next door to Dr. Sports, said Prendergast comes most days and buys a bag of peanuts. Also, Prendergast buys a lotto ticket each week for an elderly woman who cannot leave her home, Chunilal said.

"We've known him for about 10 years," Chunilal said. "He's always been a quiet guy. I can't believe he shot that guy. I'm afraid of what would have happened if (the robber) came here instead."

Since the robber had no identification, police still could not figure out who he was late Monday. Stanislaus County deputy coroner Rex Cline said he could not identify the man through fingerprint records.

The man was described as an adult male, possibly Hispanic, in his mid- to late-20s.

[hoosierskypilot]

They are investigating to see whether or not they can file charges against the guy. The storeowner should be given a medal. That's one less bad guy to worry about.

[dennisw]

Damn straight that Mr. Pendergast has done society a favor. If he had just winged the perp, the already overburdened California taxpayer would have had to provide free room and board for the criminal scum.

[.38sw]

During an interview after the shooting, Prendergast told detectives the robber had been in the store earlier Monday and had purchased several items, Owen said.

The man returned in the early afternoon hours, looking around while he waited for other people to leave the store. Once the robber and Prendergast were alone, the robber approached the store owner and displayed a semiautomatic handgun, Owen said.

Huh? If the guy was wearing a mask, how did Mr. Prendergast know it was the same man who had been there earlier? His clothing? His voice? Anyway, the perp had a gun, wanted the owner to go into the back room, Mr. Prendergast shoots him. And the police are investigating to see about whether or not to file criminal charges. Sounds like a justifiable homicide to me.

[Founding Father]

I say put Pendergast in charge of border patrol.

[governsleastgovernsbest]

He had a tattoo of a blue, circular-shaped dragon on his upper left chest and a new, blue tattoo on his upper right arm, which also resembled a dragon.

The article mentions that the perp has yet to be identified. I'd suggest checking with the Blue Dragon gang.

[Sparta]

Knowing the trend across the nation, I wouldn't be surprise if charges are filed against the homeowner. A carowner is currently on trial, in Seattle, for killing the carthief in the act of stealing his car. In New Orleans, the DA attempted to prosecute another citizen for killing someone who tried to steal his car. And in Baltimore, a man was recently acquitted for murdering a priest who molested him. When the government fails to protect society, people will take matters into their own hands.

[Doomonyou]

"The store owner said he thought the guy was going to kill him. His words were, 'I didn't want to be killed in the back room.'"

The magic words...

[GovernmentShrinker]

Since he said this in an interview after the shooting, I would assume the perp's mask had already been removed by paramedics, giving Prendergast an opportunity to see his face. Nothing in his statement suggests he knew it was the same guy before he fired -- I'm sure the perp's black mask, gun, and order to go into the back room was enough info for Prendergast to make a decision . . .

[.38sw]

I noted the gun, the mask and the perp's statement about taking the owner into hte back room, and stated that I believe this was a justifiable homicide, based on what I read here. I was just confused about the mask, and the statement that the guy had been in the store earlier. Your post makes perfect sense, and is probably how he knew that guy had been in the store earlier. Good for Mr. Prendergast. He probably saved his own life.

[Grampa Dave]

The man was described as an adult male, possibly Hispanic, in his mid- to late-20s.

So do we have an illegal alien here or one of La Raza's storm troopers out raising funds for La Raza?

[thinktwice]

A gun was used in an anti-gun environment; so liberals will wade through every existing lawbook, millions of pages, to see if this man is a "CRIMINAL."

Meanwhile, Clinton walks free -- charged, impeached, but never tried on criminal charges of perjury and obstruction of justice.

[Bloody Sam Roberts]

And in Baltimore, a man was recently acquitted for murdering a priest who molested him. When the government fails to protect society, people will take matters into their own hands.

That has already happened.

My question is; What will the Government do when juries fail to convict these folks when charges are brought? Take away the right to a jury trial?
We are headed down a very nasty road folks. The first step on this road was gun control laws. More of a shove than a step, really.

[ibbryn]

"The store owner said he thought the guy was going to kill him. "

See Doomonyou's reply. In CA, you must be in fear of your life in order to use lethal force. Defending your property is not justification for shooting someone. Remember the words, "I thought he was going to kill me..."

[jrp]

Bullseye! Nice shooting!

Ok, not to make light of the death of a human being, but if you don't want to get shot, don't rob and assault people.

Joe
San Diego
Government is not your mommy

[Thud]

Within a few blocks of my office.

[gundog]

The man returned in the early afternoon hours, looking around while he waited for other people to leave the store.

So this guy is browsing around the store wearing a mask? Something isn't adding up.

[islander-11]

The POS wanted to take him into the back room - good on the store owner to know that would have been his last trip if he'd gone.

How many sheep would have been taken to slaughter due to not having a concealed handgun?

Another case of people understanding that each of us is responsible for our own defense...

[VOA]

The storeowner should be given a medal.

In Texas or Oklahoma, that would be guaranteed.

In California? He better get the best lawyer possible. And PRAY.

[Joe Hadenuf]

How could this store owner in California blow that man's head off? I thought all Californian's were long haired peaceful liberals that hated guns and SUVs and were all pacifist?

[NYTexan]

"Remember the words, "I thought he was going to kill me..."

Excelent advice! also, If ya have to shoot em, make sure ya kill em! Otherwise they end up sueing you for everything you own or ever will own.