Posted on 07/23/2004 7:07:35 PM PDT by Mulder
BARTOW -- Bradley Beck, the wounded robbery victim who shot an innocent bystander as he fired 17 shots at a suspected robber, won't face any criminal charges, a grand jury in Bartow decided Thursday.
Alearria Denmark, a 47-yearold special education teacher suffered two gunshot wounds when she drove up on the shooting scene. She testified before the grand jury and appeared shaken after Circuit Judge Ron Herring announced the jury's decision.
Denmark declined to speak with reporters at the courthouse. Reached later at her home in Lakeland she said the grand jury's decision was wrong and that State Attorney Jerry Hill mishandled the case.
"I can't see how (the State Attorney's Office) can't file charges on Mr. Beck . . . when a citizen can take the law into his own hands and shoot innocent people."
Denmark was wounded twice, near her spine and lower abdomen, and spent 11 days in Lakeland Regional Medical Center.
Beck, 50, who was shot in the head by an armed robber while working at Phillips' Photographers in Lakeland, also testified before the grand jury Thursday.
He left before the decision was announced but during a phone conversation later said he was relieved the criminal investigation was behind him.
"I regret that day ever happened," Beck said. "It would have never happened if he (the suspected robber) hadn't come into that store."
Beck said Denmark has been in his prayers since the shooting. "Since the day I was in the hospital, I've been asking about her."
Hill's decision to take the case to the grand jury was unusual. The grand jury generally reviews first-degree murder and corruption cases.
"On a rare occasion a case comes along that we believe the community needs to give us direction," Hill said. "It turns out this was a good decision."
"No one questions what happened to Ms. Denmark was a tragedy," Hill said.
But he said "a trial would have never reached a decision of guilty."
Denmark was driving her van on Lenox Street about 11 a.m. June 29. Nearby, an armed robber entered Phillips' Photographers at 1505 S. Florida Ave. and demanded money from Beck, a longtime employee who was alone at the store.
Lakeland police gave this account of what happened:
Beck opened the cash register and gave about $100 to the robber, who also demanded Beck's wallet and car keys.
The robber ordered Beck to a back room and shot him, leaving a one-inch scar on his forehead.
The robber was later identified by police as Darrell Logan, 27, of Lakeland, who has served time in prison on an armed robbery conviction. After shooting Beck, Logan ran out the back door, police said. Beck, a target shooter, grabbed his Glock pistol from a holster he had in a briefcase and chased Logan.
From the rear of the building, Beck fired at least six shots at Logan, who ran toward South Florida Avenue. Beck followed Logan and fired more shots as Logan ran toward Denmark's van, which had reached the intersection of Lenox Street and South Florida Avenue.
Logan opened the sliding door of the van but was shot before getting inside, police said.
Police said Beck again opened fire, hitting Logan and Denmark twice. Logan collapsed and was on the ground when police arrived.
In all, Beck fired 17 shots, police said.
When he stopped firing, three shots had struck Logan, who didn't fire back. Investigators said his gun may have jammed inside the shop after he wounded Beck.
Five bullets fired by Beck hit Denmark's van and she was hit by two of the bullets. Two more bullets struck the side of a law office next to Phillips' studio.
The remaining bullets are unaccounted for, according to police.
On Thursday, Beck's lawyer, Rob Griffin, said Beck was worried that Logan might drive to his home, where his invalid mother was staying.
"He had his driver's license, his keys and his address," Griffin said. "He was concerned about his mother."
Logan faces charges of attempted firstdegree murder, armed robbery, robbery and battery. Logan spent more than two weeks at Lakeland Regional Medical Center and was transferred to the Polk County Jail infirmary July 16.
The State Attorney's Office received the case from Lakeland police detectives July 9.
Police Chief Roger Boatner did not return a phone message Thursday.
She'll wind up suing the store because they have the money. Remember, she's a victim so she deserves to win the lottery.
You sound like an attorney. I'm not, so I'll speak as a member of the jury.
From what I've read here (not the whole story of course) I'd give Beck the benefit of the doubt.If I had the power, I'd also instruct Denmark to thank Beck for saving her from the perp.
From the rear of the building, Beck fired at least six shots at Logan, who ran toward South Florida Avenue. Beck followed Logan and fired more shots as Logan ran toward Denmark's van, which had reached the intersection of Lenox Street and South Florida Avenue.
Beck is partially responsible for Logan's apparent attempt to carjack Denmark's van, because he was forcing Logan to run for his life, even though Beck himself was no longer in danger. He is also responsible for shooting a gun at an innocent bystander (even though he wasn't trying to hit her)--again, even though he himself was no longer in danger. Bottom line: had Beck not been firing at Logan, the preponderance of the evidence is that Mrs. Denmark would not only not have been harmed, she probably wouldn't even have become involved at all. That makes Beck civilly liable for damages to Mrs. Denmark. This becomes brutally obvious, simply by replacing Logan (a human being) with a wild animal of some sort (such as a lion.) If you think you wouldn't be fully liable for chasing a lion into someone else's backyard, and then shooting the homeowner in your attempt to get the lion, think again.
She does, as does Beck.
Dumb Statement of the Day Award goes to...
In Mrs. Denmarks position, I'd also thank Mr. Beck, and leave it at that.
However, Mrs. Denmark has the right to collect some damages from Mr. Beck, if she so desires. Obviously, most of the fault lies with Mr. Logan, and Mr. Beck should only be required to pay some percentage of the total damages due Mrs. Denmark, in proportion to his share of responsibility.
So, when the police chase some teenage speeder down the highway, causing him to smash into your car, you won't sue the police, right?
"...Mr. Beck's need to defend himself...does not give him the right to injure any innocent person. One person's need never justifies violation of the rights of someone else."
You're asserting that self-defense is a need, not a right?
California has a law on the books where an individual found to be acting in self defense can not be held criminally or civilly liable for injuries, including death, inflicted upon innocent bystanders. The perpetrator is charged with that crime as well.
The man shot an innocent person, he should be held responsible.
Not if I'm on the jury.
Not if he was defending himself or preventing the immiment commission of a forcible felony.
He gets a "yes" on both counts.
The thug that started it is responsible.
1) A speeder is not the same as an attempted murderer. 2) Criminals are now using the police non-pursuit regulations to commit more crimes and drive away faster and eventually kill more people. 3) Beck had already been shot. 4) There is no evidence to prove that the perp attempted the carjacking solely because of Beck. 5) some situations just plain suck, you will be victimized, and you can't cash in on them.
Maybe Beck should have just died like he was supposed to and this woman wouldn't have suffered like she did.
There is a big difference in a man defending his family from a violent felon; and a meter maid with a gun.
BTW, if Beck was a cop, they'd have already given him some kind of "cop-hero" award.
I don't get it. You can get charged with "accidentally" killing someone -- Manslaughter. But you can't get charged for "accidently" hurting someone?
They tried to charge him, but fortunately a grand jury wouldn't go along.
Personally, I don't believe people should be prosecuted for innocent mistakes made in good faith. Nor should they be prosecuted for defending their lives.
Legally, there ARE exceptions in the law for accidentally hurting someone under exigent circumstances or when you are acting as a good samaritarian, or when your actions are to prevent a greater evil from occuring. Clearly, all 3 were factors in this case.
Using your logic, the families of the passive passengers on flight 93 should be able to sue the estates of the active passengers on flight 93 since the former died after the latter took action.
I don't think the person did anything wrong, but he did shoot a bystander.
How good would your aim be after you'd been shot in the head?
Self defense is a right, but that does not justify exercising it in such a way so as to violate the rights of others, no matter how great the need. Such is true of all rights. One man's right to life does not justify his taking the heart of someone else, just because he needs a heart transplant.
If Denmark sues, I hope the jury considers that Mr. Beck probably saved her life.
"Logan opened the sliding door of the van but was shot before getting inside, police said."
Had this turd gotten in the van, you can bet she wouldn't be here to "whine about people taking the law into their own hands."
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