Store owner shoots robbery suspect

[The Straight Story]

Store owner shoots robbery suspect
The Bakersfield Californian | Tuesday, Sep 16 2008 6:35 AM

Last Updated: Wednesday, Sep 17 2008 7:15 AM

A store owner shot a robbery suspect Monday night in Martin Luther King Park as the owner was being assaulted by six people, Bakersfield police reported.
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Two suspects stole beer from Central Cali Market, 801 E. California Ave., at about 8:56 p.m. when the owner, Samrith Vong, chased them to the park, police said.

There, the suspects and four others began assaulting the owner with a metal scooter, police said.

As he was being assaulted, the owner drew a handgun and shot one of the suspects. The injured suspect was identified as 19-year-old Raul Garza who was taken to a hospital for treatment, police said.

http://www.bakersfield.com/hourly_news/story/553618.html

[sasquatch]

1. A shot and a beer please

:D

[IndianaJones]

2. good for the owner. nt.

[chat_noir]

3. FReepers love these types of posts

[Romulox]

6. You means ones in which a person exercised their HUMAN RIGHT of self-defense?

:eyes:

[Bluebear]

17. 'the owner, Samrith Vong, chased them to the park' - how is that self-defense

Just curious? :eyes:

[Freddie Stubbs]

13. Freepers like ice cream. DUers like ice cream.

What is your point?

[slackmaster]

4. A tragic waste of human life

I hope the surviving thugs learn from the experience and become better people.

[aikoaiko]

5. Based on the few facts presented, the owner/shooter was legitimately defending self.

[annarbor]

7. So let me get this straight...

A bunch of guys steal beer from a market. I'm guessing here, but I bet the beer was probably less than $50 dollars.

Can't completely tell from the article, but I don't think that the guys' stealing the beer had firearms?

The owner chases after them, armed. The six of them assault the owner, and the owner opens fire and shoots one of the guys that stole the beer.

Hmmmm, if a firearm was pulled due to a retail fraud case (property crime) then the owner will more than likely be charged with felonious assault.

The guys' using the scooter can be charged with FA as well, but they may say that it was self-defense due to the store owner pursuing them with a firearm.

Interesting....and morbidly stupid on the store owner's behalf.

[Sanctified]

8. Owner did not draw his weapon till he was assaulted.

It's not like he was chasing the guy and shooting at him over the beer, he shot the guy for being assaulted.

[Romulox]

9. A shopkeeper has the right to use reasonable force to effect a citizen's arrest

in the first instance.

Your understanding of the law is incomplete.

[annarbor]

10. Reasonable force, in a retail fraud (misdemeanor)..

better not include pulling a firearm....

Don't know what state you live in, but it would not fly in Michigan.

[Romulox]

15. Questions of self-defense are always fact intensive. Pay closer attention to the chronology.

1. Two suspects stole beer....
2. Samrith Vong, chased them to the park, police said.
3. There, the suspects and four others began assaulting the owner with a metal scooter, police said.

4. As he was being assaulted, the owner drew a handgun and shot one of the suspects.

(Numbering added to highlight the ordering of events)

Since Michigan recognizes a merchant's right to detain someone who he has reasonable grounds to believe engaged in shoplifting as well as basic self-defense, the shopkeeper's actions would be perfectly legal under Michigan law (provided the events occurred as reported.)

MCL 764.16 Arrest by private person; situations.
Sec. 16.

A private person may make an arrest—in the following situations:

(a) For a felony committed in the private person's presence.

(b) If the person to be arrested has committed a felony although not in the private person's presence.

(c) If the private person is summoned by a peace officer to assist the officer in making an arrest.

(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.

In addition, MCL 600.2917 gives the shopkeeper broad immunity from civil liability arising out of such detentions.

Brush up on the Michigan Crim Law distinctions if you're studying for the bar exam! :hi:

[slackmaster]

11. The store owner survived the encounter, one thief was injured

And you are saying WHO was morbidly stupid?

[Hugabear]

12. Why are we applauding people taking the law into their own hands?

They stole some fucking beer and fled the store. What ever happened to the idea of calling the cops? The minute you give chase, you put yourself and others at unnecessary risk.

Nobody's life was in danger because of this theft.

[Ghost in the Machine]

16. What ever happened to good old 'self defense'?

Some of us don't *need* to cal daddy (the cops) to defend us...

[texasleo]

14. Good.