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Posted on 07/09/2005 6:30:51 AM PDT by holymoly
A discount tobacco store owner shot and critically wounded a would-be robber after he took money from the proprietor at gunpoint Friday night, Fort Wayne police said.
The gunman, whose name was withheld, approached the owner at his business, the Smokehouse Tobacco Outlet, 2217 S. Lafayette St., at 7:41 p.m., demanding money, Fort Wayne police spokeswoman Robin Thompson said.
The proprietor gave the man cash, then pulled a gun while the would-be robber was walking away from the counter. The proprietor fired several shots, hitting the intruder, Thompson said.
The would-be robber, who is in his 20s, was taken to a hospital in critical condition, Thompson said.
One customer was inside the store and another was outside, Thompson said, but neither was injured.
The owner of the store was taken to police headquarters on Creighton Avenue to be interviewed.
Prosecutors will decide whether he acted in self-defense or whether his actions warrant criminal charges. No charges had been filed as of late Friday.
Police did not immediately identify the proprietor, but witnesses said he goes by the name of “Mike.”
People surrounding the store on Lafayette between DeWald Street and Creighton Avenue sighed with relief and applauded when they heard the shooting victim was the would-be robber and not the owner.
Earline Jackson, who lives on DeWald, said she couldn’t help coming to see whether “Mike” was all right after gunshots echoed in the neighborhood. She saw two people inside and another outside the store but could not figure out what exactly had happened.
Lafayette Street was reduced to one lane around the business during the investigation, causing a brief traffic tie-up.
There have been other holdups in recent years in which would-be robbers were shot and killed.
A man who tried to rob a downtown liquor store in August 2003 was killed when he faced a counterattack by an employee. Cecil Eugene Wilson, 25, was shot to death during the robbery attempt at Cap n’ Cork, 1031 Broadway. The shooter, Matthew Novak, was cleared of any criminal charges.
In November 2002, an employee at a gas station shot and killed a would-be robber. Patrick E. Byrd Jr., 26, was shot multiple times after he entered Sunoco, 5133 Coldwater Road, pointed a gun at the employee and demanded money. The employee, John W. Washington III, pulled his own gun and fired several shots. He then followed Byrd out the door and fired more shots. Byrd, who did not fire his weapon, died at a hospital. Washington was not charged in the shooting.
My bet:
Since the armed robber was walking away, in the eyes of the law he was no longer a "threat", and "Mike" will face charges.
Big time DITTO!
Note that the use of the word "allegedly" is severely reduced or eliminated in stories such as this one.
Yep, thats not a scenario Id want to have to explain to the cops
Your assessment may be correct. You see the law doesnt understand that this mans property was taken and this man was protecting his property.
The man who robbed him was a criminal and had probably been successful at robbing several other people. The shooting of the perp has saved other store owners from being robbed. The owner of the store did a great public service.
If the storeowner had been foolish enough to pull his gun while the perp wwas facing him he would have been killed and the law would have been happy, but because he was smart enough to wait and get his property back he may be imprisoned.
When a criminal comes into a place of business with a gun to take your money or property he has given up his right to a fair shootout and needs killing no matter how it is done. IMO.
Since the robber hadn't gotten away yet, it seems clear that mike acted to prevent the armed robbery.
Too bad more states don't have this reasonable law.
It would be legal in TX as well.
Does anyone know Indianas stance on the use of deadly force?
Hmmmmm
He then followed Byrd out the door and fired more shots. Byrd, who did not fire his weapon, died at a hospital. Washington was not charged in the shooting.
That is a happy ending.
Huge lawsuit.
Correct way..
Victim: "Hey,you forget this bag of money"
Armed criminal: Turns around and faces victim.
Victim: Shoots armed criminal..no more then 3 times.
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Darwin Award time, turning one's back on someone just robbed. If I'm robbed at gunpoint, I would not assume that he won't shoot me before he leaves, hence I would have to shoot him for two reasons, since I also don't want him to take with my property. A possible third reason is so that he won't return one day and rob me again.
take with my property=take my property.
I'll take that bet, just name the amount. Indiana has very broad self-defense laws regarding the use of deadly force to protect one's life and property. Many people in this exact situation have not been charged. I rememeber a case several years ago where the victim ran from the store, got in his car and chased the robber down and shot him. He was not charged.
Good for the store owner. I'm certain he feared for his safety because the perp demonstrated in some manner he wanted to eliminate potential witnesses. Thats what I would be thinking. For one who sells tobacco products he's probably used to being robbed. Only this time it wasn't by ridiculously high taxes and he did a great job of passing along the cost of doing business in this case.
This happened in IN. You are allowed to protect both your life and property there, unlike other liberal areas. Read the other similar accounts listed. No charges were filed.
IIRC, for a brief time in the 60s Dallas police would sit with shotguns in the back of likely-target convenience stores. Armed robbers walked in but didn't walk out, and convenience store robberies screached to a halt.
Like most common sense, inexpensive and effective ideas, it was quickly shut down by politicians, who ultimately replaced it with the combo of sacrificial clerks and "No guns allowed" stickers that works so well today.
"in the 60s Dallas police would sit with shotguns in the back of likely-target convenience stores. Armed robbers walked in but didn't walk out,"
I like it! Sort of the Roach Motel style of law enforcement. Some bugs need killing.
"Since the armed robber was walking away, in the eyes of the law he was no longer a "threat", and "Mike" will face charges."
Not if it were in Texas, for two reasons.
1. He was fleeing with your property and you have the right to use deadly force.
2. Since he still had a gun in his hand even though walking away he could turn and fire, thus he still constituted a deadly threat.
3. Actually there is a third reaason also. No jury in Texas would convict that shooter. GOD I LOVE TEXAS.
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