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In Virginia: Store Clerk Arrested for Shooting Robbers

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April 03, 2020, 03:19 PM
Scoutmaster
In Virginia: Store Clerk Arrested for Shooting Robbers
quote:
Originally posted by nhracecraft:
^^^ What if this was 'your store' or a Gun store....Still think it's an 'Insurance Matter'? Roll Eyes


Good point.




"Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it....While it lies there, it needs no constitution, no law, no court to save it"
- Judge Learned Hand, May 1944
April 03, 2020, 03:34 PM
Fundman
The guy was a prohibited person. He committed a crime just by posessing the gun regardless of the shooting. I find it interesting how people decide who is a "good guy" or "one of us" and excuse their illegal behaviour but vilify someone in another scenario.
April 03, 2020, 03:55 PM
nhracecraft
^^^ Pretty sure we're all still waiting for the 'facts' to come out on this...


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"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
April 03, 2020, 03:58 PM
Scoutmaster
Maybe the fellow should have said "hello criminals, I am not allowed to have any defensive tools, so please feel free to attack me".




"Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it....While it lies there, it needs no constitution, no law, no court to save it"
- Judge Learned Hand, May 1944
April 03, 2020, 04:05 PM
Blume9mm
I suspect some of it has to do with what he told the police.... the first thing I would have said was I heard a noise looked out and these guys were robbing the place and they started coming at me and I was scared... sh%%$#less..... nothing about retreating and then shooting at them running away...


My Native American Name:
"Runs with Scissors"
April 03, 2020, 04:45 PM
RichardC
What was this "protective order" the clerk violated?


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April 03, 2020, 04:49 PM
229DAK
quote:
Abushariah's employer said the 33-year-old has two children and was staying at the smoke shop both to provide security and to avoid contracting the novel coronavirus, which had struck his apartment complex in DC.

Notice that it doesn't mention he has a "wife". Maybe that is the subject of the protective order?


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“A man’s treatment of a dog is no indication of the man’s nature, but his treatment of a cat is. It is the crucial test. None but the humane treat a cat well.”
-- Mark Twain, 1902
April 03, 2020, 05:06 PM
Skins2881
Local news article with more details.. According to that he has four assault charges, one of which also includes a protective order barring possession of a gun.



Jesse

Sic Semper Tyrannis
April 03, 2020, 05:12 PM
Krazeehorse
He's in trouble. Too bad in my opinion. If the robbers had stayed home and played video games nothing would have happened. I agree with a previous post that if more thieves got shot there would most likely be less of that stuff happening. To hell with them.


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Be careful what you tolerate. You are teaching people how to treat you.
April 03, 2020, 05:44 PM
RichardC
I still have not seen enough info to convince me that the ' prosecutors & the judge & burglars' active invaders are the good guys here.


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April 03, 2020, 06:04 PM
TMats
I have seen the store owner on Tucker twice making his case on the injustice of the case against his store employee. My only issue is the denial of bail for the guy. The way the story was explained, there’s no way this was a good shoot.


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despite them
April 03, 2020, 06:54 PM
bwl5
Hard to say without seeing the security video. If it was pitch black as the local new story mentions, I would say he has a reasonable presumption of fear for his life.

However the prosecutor saying that he had other options, "such as hiding in the backroom and calling the police. Or running to safety out the back door," is BS. Virginia is a stand your ground state and he had no duty to retreat.

As for as being a prohibited person. That might be problem. It all depends on how you define possession in these circumstances and how the doctrine of necessity can be applied.

The Commonwealth’s Attorney, Parisa Dehghani-Tafti is a self described Progressive democrat so I am pretty sure she is against stand your ground and the castle doctrine and limiting self defense.
April 03, 2020, 07:30 PM
Sig209
quote:
Originally posted by Joe123:
The thieves deserve the lead, that's all they deserve.


agree

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Proverbs 27:17 - As iron sharpens iron, so one man sharpens another.
April 03, 2020, 07:35 PM
Scurvy
quote:
Originally posted by bwl5:
Hard to say without seeing the security video. If it was pitch black as the local new story mentions, I would say he has a reasonable presumption of fear for his life.

However the prosecutor saying that he had other options, "such as hiding in the backroom and calling the police. Or running to safety out the back door," is BS. Virginia is a stand your ground state and he had no duty to retreat.

As for as being a prohibited person. That might be problem. It all depends on how you define possession in these circumstances and how the doctrine of necessity can be applied.

The Commonwealth’s Attorney, Parisa Dehghani-Tafti is a self described Progressive democrat so I am pretty sure she is against stand your ground and the castle doctrine and limiting self defense.


He was already in the secured backroom. He initiated the attack. It doesn't appear he was in fear for his life at any point in time.

Unless he was attacked and defending himself, I don't see a justification.

Ignore the prohibited person fact. Ignore the initial shooting. He went back into the back room and came back to shoot them more while they were fleeing. I just don't see how you can do that and not fully expect to get arrested.
April 03, 2020, 07:48 PM
Sig209
From US Concealed carry website:

Virginia has a version of the Castle Doctrine where deadly force is permitted if you believe an intruder in your home will cause great bodily injury or death to you or others in your home. In Virginia, a person – who’s not the aggressor – is justified in using force against another person if they reasonably believe that the force is necessary to protect themselves from the imminent use of force by the other person. There is no duty to retreat and you can defend yourself at any location you are legally permitted to be, although deadly force can only be used if you are under immediate threat and fear you or another person will be killed or grievously wounded.

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it also pertains to workplace

cops are exonerated frequently for shooting unarmed persons for various reasons. shit happens fast -- in seconds

not unreasonable for this man to feel threatened when his place of business where he was legally allowed to be was feloniously broken into by multiple criminals

hopefully he gets a good lawyer and beats these nonsense charges

his charging is a travesty

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Proverbs 27:17 - As iron sharpens iron, so one man sharpens another.
April 03, 2020, 08:29 PM
kidcop
In some cases EVERYBODY is a bad guy.
April 03, 2020, 09:01 PM
RoverSig
My sympathies certainly go with the shop keeper, but he screwed up.

I am definitely keeping in mind that in VA one cannot shoot a criminal if they are not a threat to life. Always good to know the local laws.
April 03, 2020, 09:11 PM
bigdeal
quote:
Originally posted by 229DAK:
quote:
Originally posted by RichardC:
No wonder Captain John Carter wanted leave Virginia, after all.

More likely it was Dejah Thoris. Big Grin
Oh baby!


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Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
April 03, 2020, 09:13 PM
bigdeal
quote:
Originally posted by c1steve:
I wonder what the details of the protective order are. Is he a felon, or was it some sort of temporary order due to an ex-GF?
Could it possibly be he was sleeping at the store 'because' of the protective order and not because of Coronavirus issues? Lots of holes to plug here before we have a complete picture.


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Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
April 03, 2020, 11:59 PM
Excam_Man
quote:
Originally posted by Sig209:
quote:
Originally posted by Joe123:
The thieves deserve the lead, that's all they deserve.


agree

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Troy says, choot 'em!