Should shopkeepers shoot?

Store owners routinely brandish guns for protection, often in full accordance with state law.

It's easy, however, for prevention and self-defense to turn into an unjustifiable killing.

In January 2001, a man shot and killed a robber after watching him attack his father with a brick at their Montgomery Street supermarket. That case was ruled a justifiable homicide.

It can't be used to simply protect property, but it can be used to protect yours or someone else's life.

His store -- Joyner's Corner on Ga. 204 at the edge of the Chatham/Bryan counties border -- had been broken into four times between June 3 and June 21.

In hopes of catching the people who had been burglarizing him, Bledsoe started sleeping with his clothes on and with his small, .22-caliber revolver near his bed.

Then, about 4 a.m. on Friday, the store's alarm went off again, and Bledsoe heard the glass breaking in the front door.

The 52-year-old grabbed his .22, and ran outside. He stopped, facing the store, as the alleged suspect was crawling out the hole in the front door.

"This kid had a gun pointed in his face," Bledsoe said. "I had no idea he would do anything but freeze."

The two wrestled for a while, and Yates did get his hand on the gun, but Bledsoe said he managed to wrestle it away.

"I had this gun all up in his body with my finger on the trigger, and the hammer pulled back," Bledsoe said.

Yates, who is in fair condition at Memorial Health University Medical Center, faces charges of burglary and battery.

Sometimes reflexes take over in that kind of high-stress situation, said Lt. John Cheeks, a firearms instructor with the Chatham County Police Department.

Having worked in law enforcement for 37 years, Cheeks said it's difficult to advise people what to do in a robbery.

Choosing a course of action should depend on how the attacker is armed: Does he have a knife? A gun? A brick?

It also depends on where the robbery is taking place. Is it in a business where the gun is just underneath the counter? Or is it on the street, and the victim's gun is buried underneath a wallet, sunglasses and checkbook in her purse?

"If the bad guy's already got the gun pointed at me, he's already two seconds ahead of me," Cheeks said. "In most situations, that would probably be the best way to go -- don't offer resistance."

But for Bledsoe, he says if he had to do it over again, he would not rush to his store with a gun in his hand.

He said he will take extra steps to protect it. He's already switched much of the windows from glass to Plexiglas, and he expects he will now put burglar bars on the windows.

"I don't want to put myself in that position again," Bledsoe said. "It's scary, and no one had to be shot."

( Courts reporter Paula Reed Ward can be reached at 652-0360 or at paulaw @ savannahnow.com.)

According to Georgia law, a person does not need a permit to carry a firearm inside his home, vehicle or place of business. A permit to carry is required if the handgun will be carried on the person, either in a holster, purse or attache.

Georgia law says that in defending a habitation -- a dwelling, vehicle or place of business -- "a person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation."

To use force that is intended or likely to cause death or great bodily harm: the entry must be "made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of person violence."

Deadly force is not justified simply in defense of personal property, "unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony."

There have been at least three other instances in recent years of shop owners or employees shooting at suspected burglars and robbers.

* Sept. 3, 1999 -- Keith Beech, 27, of Westlake Avenue, was shot after jumping the fence of Beasley Kawasaki on Ogeechee Road and reportedly breaking into a truck on the lot. Beech was allegedly shot and killed by then-63-year-old George L. Johnston, who lived in an apartment in the main building of the dealership. Johnston has since been indicted for voluntary manslaughter in the case.

* Jan. 27, 2001 -- Johnny Tyson, 39, was shot and killed after trying to rob Lin's Super Market in the 2400 block of Montgomery Street. Tyson allegedly hit the store's owner, Xiao Ming Lin, in the face with a brick and then jumped over the counter to get to the cash drawer. Lin's son fired multiple shots, and Tyson died at the scene. No charges were filed.

* June 21, 2002 -- Jeremy Yates, 17, was shot by store owner David Bledsoe after allegedly burglarizing Joyner's Corner, a convenience store on Ga. 204 and John Carter Road. Yates is in fair condition at Memorial Health University Medical Center. He faces charges of burglary and battery. No charges are planned against Bledsoe.

Most shall issue CCW states require at least some knowledge of the law surrounding the use of deadly force. Considering the nature of current society and the plethora of attornies now on the loose, one should educate oneself about the consequences.

The only places in the US which might mean an automatic arrest would be in D.C. and Chicago, cities with unconstitutional TOTAL bans on the possession of pistols. If you have to pop some scum-bag there, you might as well not bother to report it, or at least use a shotgun.

Such a thing happened in San Francisco some years ago. Three thugs knocked a man off his bicycle and tried to steal it; the victim came up with a revolver from his belly pack and killed one of the perps dead on the spot and wounded one of the others as he fled. A call went out to the shooter (who also left the scene on his bike) to identify him- (or her-)self; the city AG said he wouldn't prosecute, just wanted to talk. The bike owner was smart enough to never come forward.

Yes and no depending on the acts of the person attacking you ect. There are many factors that go into trying to find out if a shooting was justifible in the frist place. Thon shootimg where the grand jury indicted him does not prove he did any thing wrong remember grand jurys only limited amounts of evidence compared to a trial jury.

If your in fear for your life or the person that is attacking you is going to do great harm to you. Then you should defend your self. Even then if you started the attack and use the other person act of selfdefence agaist you as a reason you would have lost the rights to attack him.

Just remember useing deadly force to repel an attack should be the last resort.

In Florida when an individual with a criminal record is killed, the police call it "misdemeaner murder." I can't remember an instance where a homeowner or shopkeeper has ever been charged with shooting a robber or intruder. Here in Tampa a couple of years ago a Domino's delivery guy shot and killed a robber that tried to reach into his car. The driver then got out and shot the accomplice in the back as he ran away. No charges were filed.

And additionally, oddly enough, Georgia outlaws the use of ankle holsters, not a terrible problem for me when I was living and working there, as my usual carry piece was a 9mm Browning GP *Hi-Power.*

But down on the ankle made a handy carry location for extra magazines, which was quite legal.

-archy-/-

But in September 1999, George L. Johnston shot and killed an intruder breaking into a truck outside Beasley Kawasaki on Ogeechee Road. Johnston was indicted by a grand jury for voluntary manslaughter.
Thats bull stuff. Down here in the South, you can defend your person, family, or anyone else, including your property. This jury needs to be reminded of jury nulification laws which allow jurys to override the law and say that they do not find this person guilty. PERIOD.
Remember, when in court, if the law says something you don't like, find out of your state recognizes the right of the jury to use jury nulification rules. Then, you can find the person not guilty based upon jury nulification.
This law angers many a judge and leftist attorney.

Well,in Texas one does have the right to protect property,and at night,all it takes is trespass on your property.That includes some scumbag repo wrecker driver repoing a vehicle the lender was to cheap to go into a court of law to legaly get his merchandise back from another scumbag who uses the law to kill the repo driver.

One other point should be brought up in this discussion. Even if no criminal charges are brought against a person defending themselves with a gun, it is highly likely that the defendant or defendants family might take him/her to court in a civil trial. Losing one of these could send the average person into bankruptcy.

Bottom line, never shoot a perp. unless its absolutly necessary. On the other hand, if you think your life is in danger, don't hesatate. Better to be alive and broke than dead and rich.

"I didn't want to shoot him. It was a reflex action," he said.

Wrong thing to say, IMHO. Much better: "I wish I hadn't had to shoot him, but he left me no choice; had I not shot him I'd be dead."

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