(CA) Store owner kills robber

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

[Joe Hadenuf]

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

I guess they forgot to give this Texas security guard his medal.

The Dallas Morning News ^ | November 4, 2002 | By IAN McCANN / The Dallas Morning News

16-year-old shot by security guard dies - Teen theft suspect dies; security guard charged By IAN McCANN / The Dallas Morning News

A 16-year-old who witnesses said was shoplifting died Saturday night, several hours after being shot in the head by a shopping center security guard.

Leshard Wilson was shot about 2:15 p.m. in a parking lot behind a shopping center as he and two other boys ran from the security guard. Dallas police Sgt. Gary Kirkpatrick said Sunday that the two other boys fled from the shopping center in the 1500 block of South Buckner Boulevard and have not been identified. Leshard died about 8:50 p.m. at Baylor University Medical Center.

The private guard, Bennie Franklin Pointer Jr., 50, of Dallas, was charged Saturday with aggravated assault, but the charge was changed to murder on Sunday after Leshard died. Mr. Pointer remained in custody at Lew Sterrett Justice Center on Sunday, awaiting arraignment on the murder charge.

Mr. Pointer's family declined to comment.

Family members and friends gathered Sunday at Leshard's home, less than a mile from the shopping center. They declined to comment on the incident but said that funeral plans were still pending.

A representative of Mr. Pointer's employer, North American Security Group, said Sunday that the company would make a statement Monday afternoon.

Police said that the three boys were thought to have been shoplifting at the Family Dollar store on Buckner, just north of Lake June Road. Sgt. Kirkpatrick said that there was no evidence behind the store to show that Leshard had stolen anything.

Although state law allows security guards to use deadly force to protect property, Sgt. Kirkpatrick said that Mr. Pointer appeared to have overstepped his authority as he fired the single shot that hit Leshard. >/B>

[VOA]

Although state law allows security guards to use deadly force to protect property,
Sgt. Kirkpatrick said that Mr. Pointer appeared to have overstepped his authority as
he fired the single shot that hit Leshard.

I'm not a lawyer...but I suspect the linch-pin on this case is that the perp was fleeing
and not presenting any sort of clear danger to the security guard or others.

Now, in my book, fleeing after committing a crime shouldn't buy a perp immunity...
persuing with reasonable force shouldn't put a persuing party into the court room.
BUT...it sure seems to be the evolving national standard that once a perp
gets away from a structure where they commit a theft...they are about free to go.

I'd be interested to hear if they actually find a jury to convict this security guard.

And I'd like to know if the "local color" of the situation might have
tempted some grand-standing DA to go after this guard...

[packrat35]

I live in Memphis and it is a hellhole BUT here when you shoot a car thief, you won't be charged.

[packrat35]

If that case in Texas goes to trial, I doubt any conviction will happen. Best bet for prosecutors is to pressure for a plea bargain.

I know I would not convict him. Giving criminals a free pass because they are running is not logical to me.

[rmvh]

Re your # 3,,,Huh? If the guy was wearing a mask, how did Mr. Prendergast know it was the same man who had been there earlier?

You don't seem to read very well. The "interview was after the shooting and the man was exposed while lying on the sidewalk and given CPR.

[.38sw]

Well, excuuuuuuuuuuse me, jerk.

[.38sw]

And, may I add, you don't seem to have any manners.

[Thud]

Ordinary citizens have to prove they acted reasonably in shooting fleeing suspects or they'll be prosecuted. That's been the de facto law in most states for a long time.

One of the things the State of California pays me for is to second-guess officers in civil suits arising from police shootings.

[GovernmentShrinker]

I wondered about that, but I think probably he was wearing one of those ski mask things rolled up to look like a regular winter hat, and then rolled it down to cover his face after the other customers left the store, in preparation for his getaway.

[hoosierskypilot]

In a subsequent article, the Modesto, CA, police said no charges would be filed against the store owner.

Wait! A shred of logic in California? Noooo!!