Posted on 08/18/2009 6:30:34 AM PDT by Bubba_Leroy
A clerk at a Ben White Boulevard convenience store has been charged with murder after police say he shot and killed a man who was stealing a 12-pack of Budweiser early Sunday morning.
Jorge Luis Vielma, 22, and another man were on a "beer run," according to police, and attempted to flee after taking the beer. Police say Juan Romero, 23, a clerk at the Shell gasoline station at Ben White and South First Street, fired about a dozen shots at Vielma outside the store as he ran for a friend's waiting Mitsubishi Eclipse.
Vielma later died inside the car; his body was found early Sunday in the 1000 block of Mansell Avenue in East Austin.
Romero was charged Sunday with first-degree murder and was being held Monday at the Travis County Jail. His bail has been set at $250,000. If convicted, he could face up to life in prison.
According to an arrest affidavit, Vielma and a friend, David Campos, 30, were looking for a store to take beer from and settled on the Shell station. Campos told police that he parked the car while Vielma went inside for the beer. Campos said he then saw Vielma emerge running from the store and a short man with a limp in pursuit firing at him.
After Vielma made it back to the car, Campos said that he went "into shock" and drove mindlessly to Mansell Avenue, abandoned the car and fled. He later called 911 to anonymously report the shooting, according to the affidavit.
Police found the car, which was registered to Campos, shortly after 1 a.m. Sunday. When police arrived at Campos' apartment on East Oltorf Street, he was in the process of reporting his car as stolen, according to the arrest affidavit, but police said he soon admitted his role in the incident. Police didn't say whether Campos would be charged.
Police said they later interviewed Romero, who said he fired a pistol about 12 times at Vielma, picked up the shell casings and put them in his vehicle.
He also told police that he picked up the beer dropped by Vielma and threw it into a trash bin, and he deleted images of the incident from the store's video surveillance system.
Sgt. Joseph Chacon said that although Texas law allows residents to take reasonable measures to defend their property, officials determined that, "at least on the face of it," the shooting was not reasonable.
He said it did not appear that Vielma was armed at the time of the theft.
Chacon said police are still trying to determine who owned the gun used in the shooting. The store's owner, José Carranza, told police that he had not authorized Romero to use deadly force to protect the store's property.
Carranza said Monday that he did not know where Romero got the gun and that firearms are not kept in the store.
Theft, however, has been a constant problem for Carranza and his clerks, he said.
A sign taped to the door of the store addresses beer theft: "Due to the high number of dishonest people grabbing and running away (and) stealing our beer, we must require prepayment for beer."
Carranza said that people have stolen from the store at least 10 times this year and that store clerks were robbed at gunpoint four times in the past two years.
Each time, Carranza said, he was unable to get the attention of police, even though his workers were being threatened.
"I'm frustrated with police," Carranza said. "They told us that's not our priority. Now it's a priority because somebody got hurt."
Statistics from police on incident reports at that address were not immediately available.
Consulting police records, Cpl. Scott Perry said there have been several thefts, but only one report of a robbery at the store in the past two years — in November — and that the suspect in that case was not armed. A robbery is defined as threatening or causing injury in the course of committing a theft.
how about , "don't steal"... understand that?
or better yet.. how about, "go earn some money you f'ing POS so you can buy beer and not steal".
or "Pay me for stuff that belongs to me and I"ll give it to you and say 'thank-you'. Steal from me and I'll shoot you."
Really seems easy to understand. Of course I never made a habit of riding around in a car stealing from people.... but that's just me. I'm not very sophisticated, compassionate and understanding.
LOL best post!
I don’t think it was important what the property was but that it wasn’t the thief’s property. A retired (30 years) Marine Sergeant Major I know beat the living crap out of a juvenile delinquent who destroyed two of his wife’s rose bushes (value $34). He used an old 7-iron to do the job.
Although the kid was bloody and black and blue, his parents did not press charges. The Sergeant Major used the ol’ Southern rationale: “The punk had it comin’.” The upside is that no one in the subdivision dares take a shortcut over his lawn anymore. Additionally, he now has his CCW license.
“Police said they later interviewed Romero, who said he fired a pistol about 12 times at Vielma, picked up the shell casings and put them in his vehicle.
He also told police that he picked up the beer dropped by Vielma and threw it into a trash bin, and he deleted images of the incident from the store’s video surveillance system. “
The clerk may have been scared, but something tells me there is more to the story.
If you are defending yourself then why get rid of evidence that would prove your case?
I would have a hard time convicting on murder. Lessor charge of tampering with evidence - ok, I could do that.
Deeper doodoo
"His life was not at risk". Not our call on that one. What was the driver doing? Were there other passengers armed to the teeth to assist if needed? Not a clue so we can't assume this guy's life wasn't at risk.
"...firing a dozen shots at an unarmed man fleeing a store with $10 worth of beer is murder." Possibly, but what dollar value of beer or any other product makes it legal protection of property? What if the perp took the cash register? Would that make it "OK" to shoot him?
Sometimes defending your rights, property, and responsibilities with deadly force is wrong. Other times it's fully justifiable. I will give the shop/property owner/worker the benefit of the doubt until the DA convinces me beyond a reasonable doubt that it wasn't legal. Until then, sayonara stupid thief!
Taking out swine that prey on store clerks will be a big deterent.
I have no problem at all with this shooting. One less burden on society.
The good news: one more illegal will NOT be collecting benefits from the taxpayer
The bad news: half a case of beer and 10 or 11 rounds were wasted. And so, unfortunately, was the life of the clerk.
ML/NJ
It was foreign beer. The clerk was trying to reduce the trade deficit. Or maybe the budget deficit.
Hate to say it, but you are right.
Criminals now have no disincentive to do what they do. I am not condoning shooting someone over beer, but more thieves shot would not necessarily be a bad thing.
We work all of our lives for a paycheck. After taxes, mortgage, food, clothing etc, we may have something left. This is used to save up what we like. So when thieves steal, they are essentially stealing a part of our lives, as we traded our lives for the paycheck.
It’s not just about things; it’s your very life they are stealing.
Why is it okay for police to shoot looters after a hurricane etc, but not at other times?
Looters should always be shot.
Anheuser-Busch InBev? Maybe the clerk was trying to keep the profits from leaving the country.
Police didn’t say whether the driver, David Campos, would be charged.
Says a lot about Austin.
I was motorcycle riding Sunday afternoon and went around the corner of this crime scene. Most of the lot was taped off as “crime scene” and 4 APD cars were on site. This is the first I’ve heard of what happened. A fatal shooting early on Sunday morning = story in the Austin American Statesmen on Tuesday.
Like we say, “If it’s news in Austin, it’s news to the Statesman.”
Seriously though . . . this is a tough one. The use of force seems unreasonable, until you consider that the thugs in this area seem to have made this a favorite “grab and run” location - and the police have little interest in it.
Maybe the owner should have told police that there were a bunch of people with unfastened seat belts or expired insurance and then the police could set up a sting operation.
This is the same police department that has also created “sting” operations to target discourteous drivers by driving a capital metro bus down I-35 and have an officer look for cars “changing lanes without turn signals”, and “tailgating”. Total resources, 1 bus, 4 officers, 2 squad and who knows how much fuel.
But pay some attention to a habitual reoccurring crime that threatens the existence of a small business ?
No, they don’t have the man power for that.
I hope he didn’t use imported bullets.
You know I just said that the other day - that as things progress, look for LESS tolerance for these kinds of things. My point is that, if I take a pistol, point it at a guy who is stealing my beer, and ask myself can I shoot a man, possibly kill him, or let the beer go? I would have to let the beer go, I just couldn’t trade a man’s life for that. But then the article says he’s been robbed at gun point and his employees threatened, so he likely saw something more sinister in this robber
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