16-year-old shot by security guard dies (Nov. 4, 2002)

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

[MeekOneGOP]

16-year-old shot by security guard dies

Teen theft suspect dies; security guard charged

11/04/2002

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.

WFAA-TV

Police take security guard Bernie Pointer Jr., right, into custody.

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.

E-mail imccann@dallasnews.com

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Online at: http://www.dallasnews.com/latestnews/stories/110402dnmetshooting.13730add.html

[Atlas Sneezed]

Random thoughts:

1. Nice shooting. Head shot hits a moving target. This guy does not appear to be a cop.

2. If it had been a cop, he would be on paid leave pending an internal investigation that will exonerate him.

3. If more shoplifters got shot and killed, society would be better for it.

[11B3]

"re #22 yes, when i was about 12 or so, i lifted a $0.98 "storm king" lighter from the only drug store in town...got caught and before my dad got thru whipping my butt, i wished the guy that owned the drug store had shot me. the lighter was 98 cents with 2 cents sales tax..this was in early 60's in a very small town in NE La. I had to pick up pecans for 5 cents per pound till i earned the dollar to pay my dad back for the dollar he paid the pharmacist..and dad kept the lighter...talk about learning a lesson!!!! if it ain't mine, i will not touch it....if it is mine, you had better not touch it!! ask me and if i can do without it, i will give it to you or at least share it with you (depending on what "it" is) steal it from me and i don't care if it is a used paper towel, i will kill you over it."

I couldn't have said it better myself.

[HELLRAISER II]

Rent a cops also scare the $hit out of me, when I was 20 on the day before my wedding I went into Sears and bought some slacks. I wanted to wear them so I bought & paid for them and asked the clerk if I could wear them out, she said fine so I did. The next thing I know as I exited Sears 3 guy's come out like their going to tackle me and I quickly reminded them that if they put their hands on me I would rip out their lungs but that wasn't necessary because I had a receipt. Which I was happy I had considering in those day's I usually didn't bother to keep a receipt. My point being most of these guy's are worthless and yes I must say a tad dangerous.

[Atlas Sneezed]

Bang

[cynicom]

These boys do not confine themselves to low ticket items. The day we checked the pharmacy loss, they were short six throwaway cameras at about $15 each. We checked the cosmetics aisle, for empty boxes of lipstick, nail polish etc. There was a huge loss there alone. The cameras on a company promotion had to be put behind active counters. The loss the next day for them was zero.

The shooting was unwarranted. So is the constant theft. That lady in Hollywood sets a perfect example for young people these days.

[TinkersDam]

I see no reason why 'defense of property' which would have justified the use of deadly force should not encompass a 'we shoot fleeing shoplifters' policy so as to defend agasinst their being able to return and steal in the future.

[TopQuark]

Well, quarks and neutrinos think alike: I second Neutino's opinion.

The guard did overstep boundaries; he could have shot in the air requesting to stop, etc.

But we worry about the limits on policing so disproporitonately more than the crime itself, we almost encourage future crime.

I do hope the guard is acquitted.

[Hank Kerchief]

I agree that the kid was lookinng for trouble. But I have a real problem with giving rent-a-cops the ability to utilize lethal force. The only justification I can see for it is to protect one's own life or the lives of others.

Property is life. When someone threatens your property, they are threatening your life, the product of your effort to sustain and enjoy your life.

When dealing with irrational creatures, one can learn how they behave and take specific steps to protect themselves from that behavior. The exception is the rabid animal. This disease interferes with the normal controlling instinct of the animal so their viciousness becomes completely unpredictable. For that reason, the only protection from a rabid animal is to destroy it.

When men become irrational, they loose the ability to choose and behave rationally, but retain volition. Since that volition is not rationally controlled, their viciousness becomes completely unpredictable. For that reason, the only protection from an irrational human being is to destroy it.

The Autonomist's Notebook - Crime and Punishment

Hank

[Tijeras_Slim]

There is validity to what you say, yet I would argue it is a matter of degree. To use letal force against someone who is stealing a lawn flamingo off my yard is different than using it against someone who is about to commit arson on my house. Likewise, the degree of threat to my life and livelyhood posed by a shoplifter is different than that posed by an armed robber.
It is incumbent upon law enforcement and private citizens to react to criminality in a manner commensurate with the threat presented (either to self or property). Unfortunately, as always, the criminal is under no such restraints.

Regards, Slim

[Cobra Scott]

I'm with you.

Stealing candybars today, stealing cars at gunpoint tomorrow.

[HELLRAISER II]

I hear what your saying but when do we quit blaming the victims & hold the damn criminals responsible for getting theirselves shot to begin with.

[Protagoras]

It didn't take long for someone to show up and defend the instant death penalty for theft. You must be pleanty pissed off that you didn't get a chance to kill the kid yourself.

[from occupied ga]

Sgt. Kirkpatrick said that Mr. Pointer appeared to have overstepped his authority as he fired the single shot that hit Leshard.

Yes. He certaintly did. Only the police are allowed to summarily execute fleeing suspects (or anyone else for that matter).

[Hank Kerchief]

Personally, I think the guard did something very stupid, but everyone is always way over on the side of excusing crime at every level. I think we need to be totally ruthless against crime, then, if it suits us, if we have the time and luxury, we can consider the circumstances, and be a little kind, once.

If we plan on shooting all of them, and they all know it, that really will deter crime. When that happens, we can consider less extreme measures.

By the way, if you have a pink flamnigo on your lawn, someone should steal it. ; )

Hank

[Ax]

Yesterday I was running low on gas and had to pull into a station on Broward Blvd in Fort Lauderdale. There was a convenience store connected to it. Naturally, the automatic receipt machine for the credit card didn't work, so I had to go in to grouse at the clerk. Instead of putting their purchases on the counter for the clerk to scan, in this place it was necessary to put the purchases, bottles of pop and bags of chips, under the glass partition and then return them to the customer after scanning. I am certain that this practice cuts down on the shoplifting, but it is MOST inconvenient for the rest of us.

[jsraggmann]

In some states a person can use deadly force to prevent his property from being stolen. I believe Texas has this law.

[Tijeras_Slim]

There is no excuse for criminality in our society. I would wager the criminal in this case had a history of brushes with the law, most of which probably confirmed in his mind that the swiftness, severity, and certainty of punishment did not exist. Thus, he had no fear of any consequences. He died thinking it was all a big joke. Could a justice system that does not pardon, excuse, or slap on the wrist have convinced him otherwise? Perhaps. If not, more severe measures, as you describe, may be in order.

The flamingo reference was bait. Would you return to debate with someone who would actually condone the death sentance for stealing one of those butt-ugly things? :)

Regards, Slim

[WhiskeyPapa]

In some states a person can use deadly force to prevent his property from being stolen. I believe Texas has this law.

That's interesting. I don't see anythng wrong with that per se. My point was simply that the idea of dropping any perp in his tracks being a bad thing is not new. Better to let a perp guilty of stealing TV's or something get away rather than shoot him over it.

There was a well-publicized incident where some guy, maybe in Minnesota or somplace like that, wired a shot gun to shoot any perps that entered a storage building he had. He was charged because some perp that broke into the building was shot, and lost an arm, as I recall. Nothing in that building was worth an arm. That makes sense to me.

Then there was a subway cop in New York who shot a fleeing perp who had severely beaten someone. That perp was paralyzed from the waist down and got a big cash award -- maybe $2,000,000. THAT was stupid to me.

Walt

[Illbay]

I don't defend the killing. I simply point out the obvious cause and effect relationship.

It's too bad that our society is so schizoid. Either we permit EVERYTHING, or we kill on the slightest whim.

Two sides to the same coin, in retrospect. Times have sure changed since my mother's junior-high days, when the school administrators kept the entire school in detention until the thief who stole a SINGLE PENCIL came forward and confessed.

Of course, those were the days when a six year old girl could ride a bus downtown to the movies, alone, with no fear on the part of her parents.

So, which world do YOU prefer?

[Protagoras]

Times have sure changed since my mother's junior-high days, when the school administrators kept the entire school in detention until the thief who stole a SINGLE PENCIL came forward and confessed.

It's moronic to punish innocent people. Good thing times have changed.

Of course, those were the days when a six year old girl could ride a bus downtown to the movies, alone, with no fear on the part of her parents.

Right, bad things never happened to little kids then. Goofy statement.

So, which world do YOU prefer?

Either we permit EVERYTHING, or we kill on the slightest whim.

Like you said, it's not one thing or the other.