http://omaha.com/article/20100426/NEWS97/100429632#customer-shoots-would-be-robber


Published Tuesday April 27, 2010

Customer shoots would-be robber

Police today said a customer fatally shot a would-be robber Monday evening at a busy Walgreens Pharmacy at 6101 Northwest Radial Highway.
Investigators believe that two masked men entered the Walgreen's about 8:50 p.m., one armed with a short shotgun, said Officer Jacob Bettin, a police spokesman.

Police were not releasing the dead man's name until relatives could be notified.

The armed suspect leveled the gun at customers, police said. One of the customers at the register, who has a permit to carry a gun, drew a handgun from the waistband of his pants and fired at the gunman, hitting him several times, Bettin said.

The wounded man fled, but then collapsed on the north side of the store. He was taken to Creighton University Medical Center, where he died.

The second suspect was held in the store by the same customer until officers arrived. That 17-year-old was booked into the Douglas County Youth Center on suspicion of robbery and using a weapon to commit a felony, police said.

Police interviewed the customer with the handgun and released him after detectives conferred with the Douglas County attorney, Bettin said.

The case remains under investigation.

Justice shall be done.

Scratch one violent have not loser from the gene pool.

Heartwarming is not the word I would use in this instance. Senseless is more like it, on both sides, and very lucky on the "Samaritan's" part that he didn't get himself or other innocent folks shot.

Most likely the robbers would have gotten the few hundred dollars out of the register, left without harming anyone, and have been caught some time later.

I wonder how old the dead one was if his accomplice was only 17? Not that I have much sympathy for him.

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Don't you just hate it when you plan something out, put the plan into operation, and then something unexpected comes up?

This same thing took place in Tulsa a few years ago when a guy pulled a gun on a check-out clerk at a Supermarket. The guy standing in line behind him had a conceled carry permit and, as fate would have it, was carrying a conceled weapon! I ask you.... What are the odds of that?

Anyway, the customer just waited unit the robber moved the pistol a bit so if it went off it would not hit the clerk, and then calmely took out his weapon and shot the robber dead.

The killing was refered to a Grand Jury, as these things are, and the customer was No-Billed.

Apparently old enough to wield a shotgun in a retail store, pointing it at customers in that store - for God's sakes.

Thankfully there's no replay button - to play out any what ifs....

This Walgreen's store was near my old stomping grounds where my folks bought their first home when I was a young lad in Omaha, and I still ride my bicycle around that part of town when visiting - a safer existence is better, and yes.....very heartwarming.

These days the perps are likely to shoot someone even if everyone cooperates. So fighting back may actually save innocent lives.

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Great story. No taxpayer money spent on the court system, and certainly no early release.

Those poor underprivileged boys! Just because they are trying for a little SOCIAL JUSTICE on a one to one basis somebody (probably a right wing gun nut - holding a bible and a pictures of Sarah Palin and picture of Hitler ) dispenses "FRONTIER JUSTICE" This "Dirty Harry" should be tried for murder 1 and hung!

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Fantastic news.

- Peter.

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Are you quoting Al Sharpton?

I work for a company that has about 40 fast food restaurants, and one gets knocked off every three months or so. Never has anyone been hurt as far as I know. Since I wasn't there I suppose I can't pass judgment on the man's decision making process, but most likely nobody would have been hurt if everyone cooperated. These guys don't care whether or not they kill somebody, they care about how long they'll go to jail if they get caught. Armed robberies don't get near the attention as murders, and are easier to get away with.

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If they cooperated nobody would have got hurt? Tell that to my buddy's mother. His mom and dad had just returned to town and had stopped at the grocery to stock up on food. Someone followed them to their home and then proceded to rob them of their money and her jewelry at gunpoint. When they were done, one just turned to buddy's dad, said "that's all for you" and shot the unarmed and compliant man dead on the spot. Yeah, nobody gets hurt. I don't know what the bad guys intentions are. I do know he is pointing a weapon a someone and threatening their very life. Kill the bad guy, period.

Isn't the term for that "Sawed Off"?

Like they would be rushing to pick up the corpse and pay for the funeral.

Guy needs more training or maybe a bigger gun. Should only have taken one and maybe 2 shots at the most.

Good. One more "Waste of Sperm" gone.

For what?

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It is the word I would have used. I don't see it as senseless on the Samaritan's side. Flushed one perp but unfortunately the other survived. Oh well, can't win them all.

By which time, they might have hurt somebody else or graduated to a more dangerous version?

WGAS. You pull a gun and you had best be prepared to die first.

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Anecdotal evidence versus Anecdotal evidence will always degenerate into a non-productive discussion. We have different viewpoints on the matter. The fact is that the vast majority of armed robberies end with nobody getting hurt, but there are always terrible exceptions, one of which has affected you personally. The chances of an innocent person getting hurt goes way up when an amateur decides to resist or have a shootout with them. I don't think you'd dispute that.

I wasn't saying the person didn't have the right to shoot the guy, I was just saying he was lucky it turned out the way it did. The robber could have shot him or someone else in the fray. If this person had the advantages of the element of surprise, good aim and a clear shot, good for him. If he was reckless, inexperienced with weapons, and did not have good judgment, then he got very lucky. This type of behavior cannot be encouraged because there are more people of the latter with guns than the former.

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With regard to the 17 year old robber, realistically, I hope the following happens:


1. The equivalent of a 707 WIC California hearing is held, after which the 17 y o juvenile is certified to Superior Court, to be tried as an adult.


2. The 17 year old defendant is tried and convicted under the felony murder rule (murder committed in the comission of a felony) and is eligible for the death penalty.

3. The law is well established that when murder is committed while a felony being committed, any participant is jointly and severally liable, and may be tried for murder even when he did not personally pull the trigger. Back in law school during the volunteer Folsom writ program I intervierwed an old man who was the waiting getaway driver outside the car, in a prohibition era robbery murder case from about 1932 or so, that got sentenced under this law and was still in Folsom Prison in about 1972.

In fact when I looked up the cases, an Appellate opinion actually stated HIS case as precedent. there was nothing I could do for the old man.

4. I hope in the "Penalty phase" of this case the Jury sentences the perp to death.

5. In Caliornia death cases where the sentence is death, the appeal is AUTOMATIC. I hope the myriad appeals run their course and the defendant is executed.

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