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Old March 21, 2005, 09:28 AM   #1
20cows
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The Good Guy Wins

From the Abilene Neporter News:

Police Blotter
March 19, 2005

Attempted robbery

What Abilene police first called a drive-by shooting Thursday evening now appears to be a foiled attempted robbery of a pizza deliveryman, KTXS-TV reporter Melissa Newton reported Friday.

Two teenage boys were shot Thursday in the 1300 block of Westmoreland Street. One suffered a gunshot wound to the chest and the other to the head, according to Reporter-News archives. The shooting was reported at 9:22 p.m.

The boy shot in the head has been released from the hospital; the other remains in stable condition, KTXS reported.

A third juvenile also was involved but not injured, police told KTXS. Two of the teens gave statements to police admitting to trying to rob the pizza deliveryman, Newton reported.

Police told KTXS they believe the shootings were in self-defense. After their initial investigation, police received a call from the deliveryman, who gave a statement about the shooting at the police station and was then released, Newton reported.

Police told KTXS the gunman was a 35-year-old pizza delivery man who claimed he shot first at the boys because they were armed and he was afraid they would shoot him.

He told police one boy had a shotgun and the other a pistol, Newton reported. Police said the man had received a call to deliver to a house that turned out to be vacant, and they believe the robbery was staged, Newton reported.

The pizza deliveryman is not charged with any crime, but police plan to file charges Monday on the three teens, KTXS reported.



I love Texas.
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Old March 21, 2005, 10:39 AM   #2
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Sweet.

Now tell me how likely the teens would have been to stage this robbery if ...

1. They knew the driver was armed.
2. They knew he scores 10's at 25yds all day with his [insert firearm of choice here].

I'm thinkin' they'd have stayed home and played Xbox.

The more law abiding citizens that pack, the greater the deterrent.
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Old March 21, 2005, 11:18 AM   #3
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It is interesting that the one with the least serious injury was the head shot.
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Old March 21, 2005, 12:17 PM   #4
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I wonder if the driver will keep his job? Some pizza places do not allow drivers to carry concealed weapons.
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Old March 21, 2005, 12:35 PM   #5
chris in va
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Good for him. Sounds like he used a small caliber weapon like a mousegun. Sure stopped the threat. Brave using that against a shotgun.

Now if we can only get the media to STOP USING THE WORD GUNMAN, I'd be happy.
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Old March 21, 2005, 01:04 PM   #6
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The rumor I heard was what they actually had was a BB gun, but threatened him like it was a "real" gun (a good bluff in the dark). So far this is just scuttlebutt, don't know for sure. It appears he was genuinely afraid of serious injury and was legally justified in his response. The local authorities apparently agreed.

Last edited by 20cows; March 21, 2005 at 02:22 PM.
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Old March 21, 2005, 01:46 PM   #7
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Texas, Our Texas, All Love The Mighty State, except for the People's Republic of Austin and the Northern Most City in Mexico, Harlingen.

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Old March 21, 2005, 02:29 PM   #8
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Quote:
The rumor I heard was what they actually had was a BB gun, but threatened him like it was a "real" gun (a good bluff in the dark).
Just repeat the statement "I saw a gun and I was afriad for my life"
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Old March 21, 2005, 02:41 PM   #9
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Quote:
It is interesting that the one with the least serious injury was the head shot
Well judging by the amount of brains these three had, its not too surprising.....
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Old March 21, 2005, 03:16 PM   #10
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TBB,
That was truly funny.

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Old March 21, 2005, 03:50 PM   #11
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Can I ask the obvious?

What sort of maroons (thanks, Bugs) would set up a 'plan' to rob a pizza deliveryman? One could make more money mowing lawns or recycling aluminum cans, for crying out loud!

To put any thought and planning into an enterprize that will gross less than $25-$30 is absurd! Risk an armed robbery charge for pocket change? Or am I ignorant? Do Texas pizza guys carry a couple thou on them?

I think Body Bagger's comment has significant merit.
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Old March 21, 2005, 04:40 PM   #12
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Well done Pizza guy........ well done.........

Sad thing is if Pizza guy wasn't packing he might well have been a victim of murder for what 45 - 50 bucks and his car.... I am happy he was able to stop the attack. Three cheers for marksmanship....... I wonder if the lead injections to the suspects might help in a thought provoking lesson. Maybe in some way these young lads will get the message crime doesn't pay? Do you think rehabilitation will work????


..

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Old March 21, 2005, 07:15 PM   #13
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Crazed Miscreants

Agreed, these were some foolish criminals. (Bagger- LOL!)

And yet I hear of such stories, in some cases with a perpetrator going straight for the kill to obtain nothing more than a man's wallet! What possesses such lunatics?

I'd say the quick-draw pizza guy did a public service by showing criminals what may happen should they trifle with the freedom of others. And those kids got off easy, considering. I'll bet they wisen quickly for the experience.

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Old March 21, 2005, 09:33 PM   #14
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You guys missed the best part about living in TX...

The shooter's name was not printed in the paper. They didn't even tell what pizza company he worked for, so he will probably get to keep his job too.
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Old March 22, 2005, 01:00 AM   #15
Hayley
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John: I also think that in some other states, even with ccw rights, this situation would have been more complicated for the driver. That after initial investigations showed justified self defense, the young man was released just seems too reasonable and straightforward!
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Old March 22, 2005, 01:29 AM   #16
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It's a great state in more ways than one. That's why so many people move here. Unfortunately once they're here, many of them seem to forget why they moved and set about trying to make TX more like whatever hole they crawled out of...

TX grand juries tend to be remarkably reticent to indict for relatively obvious cases of self-defense. Police know this and act accordingly. DA's know it too, and unless you get a real sphincter or one that has some kind of chip on his shoulder, he's not going to push the issue. In most areas (but not all) it would be next to impossible to field a jury that would do anything but laugh at a prosecutor trying to nail a guy for breaking up an armed robbery.
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Old March 22, 2005, 09:28 AM   #17
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Another Complication

Heard on the Abilene news last night that the pizza guy did not have a CHL, so he was carrying illegally on the surface. If I remember correctly from the Texas CHL law, however, he may be okay.

There is a provision for a CHL holder who uses his weapon in an otherwise legally justified situation in a place that is prohibited from carry. That fact that he needed to resort to the use of deadly force is considered a positive defense to the charge of having the gun in a place he shouldn't have.

I don't know how this would affect a non-CHL, but I suspect the provision in the CHL law comes from a previous law that would cover this situation. Lets hope so.

BTW, the "head wound" was a grazed forehead. The other kid with the chest wound has been taken out of ICU and is doing well. Lucky, but stupid kids.
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Old March 22, 2005, 09:53 PM   #18
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I remember when a Negro Male chased his girlfriend down in a mall in Dallas Texas and shot her to death, a CHL Holder canceled his ticket with a big, big hand gun. The ol' DA was want to be faint that it was a minority member and had the citizen indicted by a Grand Jury. The good citizens was not involved, but felt the shooter to be a danger to the citizens and LE of Dallas County, hence the canceled ticket. The Citizen was then unidicted and the ol' DA decided not to run for office again. Probably wounldn' t have done him much good to run as the citizens of Dallas County had a gut full of South Oak Cliff Criminals, Wussy Prosecutors and wanted to give the citizen a medal, not a True Bill.

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Old March 22, 2005, 11:31 PM   #19
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Quote:
That fact that he needed to resort to the use of deadly force is considered a positive defense to the charge of having the gun in a place he shouldn't have.
I think you're right in that this only applies to license holders. Unless he can convince the judge (who might be surprisingly easy to convince ) that he was taking the gun to a gunsmith, retrieving it from a gunsmith, or getting ready to go to a gun range...
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Old March 23, 2005, 04:14 PM   #20
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Update

According to the paper today, the pizza guy worked for Pizza Hut. Their corporate policy is to not allow employees to carry weapons, but leave many things to the discretion of individual store owners. This policy is one of them. Though it was stated that the local store followed the corporate example and the employees sign a document explaining the policy, the store employees declined to comment on what action would be taken in this case.

BTW, the kids reported the incident to the police first and said they were the victims of a drive-by. The pizza guy reported a little later the robbery attempt and stated that he had shot two of them. His story seemed to be the more credible of the two, but so far, no charges have been filed against any of the parties involved.

It will be up to the Taylor County prosecuters to decide if the pizza guy will be charged for unlawfully carrying.
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