Armed man tells Minneapolis police: I shot robber

[burf]

An apparent good Samaritan told police that he interrupted a violent armed robbery near a south Minneapolis grocery store, chased down the suspect and fatally shot him Thursday night.

snip

According to police, a caller to 911 said a woman had just been robbed at gunpoint of her purse and pistol-whipped in the parking lot of the Cub Foods. A second 911 call indicated that a man had been shot behind the nearby Super Grand Buffet.

Well, there goes the give 'em what they want and they'll leave you alone theory again.

Link:http://www.startribune.com/local/minneapolis/132311553.html

[Orrex]

1. So the caller shot the alleged robber while the alleged robber was fleeing?

The dead man should certainly have been arrested and tried, but is a summary execution by a vigilante how we want society to function?

[onehandle]

2. That's the goal...

[krispos42]

4. The story says...

the permitee chased the robber (who I would presume was at this time a fleeing felon, after committing armed robbery). According to the permittee, the robber turned and confronted the permitee, who then shot the robber in self-defense.

Some states allow the use of lethal force to prevent a felon from fleeing police capture.

:shrug:

<snip>

According to police, a caller to 911 said a woman had just been robbed at gunpoint of her purse and pistol-whipped in the parking lot of the Cub Foods. A second 911 call indicated that a man had been shot behind the nearby Super Grand Buffet.

Officers responded and found Evanovich mortally wounded. Then they were approached by another man outside the grocery store who said he witnessed the robbery, chased Evanovich behind the restaurant and shot him during a confrontation. The man then directed officers to the weapon.

<snip>

Andrew Rothman, a Twin Cities firearms trainer and vice president of the Gun Owners Civil Rights Alliance, said Friday that if the events unfolded as the armed citizen described, "the permit holder acted appropriately. Chasing the mugger to recover the purse or to effect a citizen's arrest is permitted by law."

And, if Evanovich "then escalated by pointing and/or shooting at the good Samaritan, the good Samaritan would have been completely justified in shooting," Rothman said.

<more>

[Orrex]

5. Thanks for the clarification---missed that part on first reading. Question, though:

Some states allow the use of lethal force to prevent a felon from fleeing police capture.

Do those states allow just anybody to use lethal force to prevent the felon from fleeing police capture, or is the lethal force to be used by the police themselves?

[krispos42]

7. Gah, you want me to remember shit now??? :-)

Um... I think it was in regard to citizen's arrests. I think it was during a discussion here in the Gungeon when a state was contemplating passing either a Castle Doctrine or Stand Your Ground, but it probably was a couple of years ago.

I remember it was conditional on an actual felony being committed, not "reasonable suspicion" or whatever.

[one-eyed fat man]

8. Fleeing felons

http://en.wikipedia.org/wiki/Fleeing_felon_rule

Some states have it, some states don't, but the basic premise is deadly force may be used to prevent the escape of someone who has just committed a dangerous felony.

You witness a murder, an armed robbery, a kidnapping, an arson, a violent assault or other serious and dangerous felony the use of force, to include deadly force by the victim, bystanders, or police officers to prevent the felon from fleeing is permissible in some states. In Kentucky, it is limited to peace officers under KRS 503.090

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when:
(a) The defendant, in effecting the arrest, is authorized to act as a peace officer; and
(b) The arrest is for a felony involving the use or threatened use of physical force likely to cause death or serious physical injury; and
(c) The defendant believes that the person to be arrested is likely to endanger human life unless apprehended without delay.

KRS 431.005(4) is the Kentucky Statute providing for the making of an arrest by a "private person." Such action is commonly known as a "citizen's arrest." The statute provides:

A private person may make an arrest when a felony has been committed in fact and he has probable cause to believe that the person being arrested has committed it.

Once upon a time I used to pull guard on a nuclear weapons storage facility. You think shoot to kill orders to keep people from stealing that "property" excessive?

Or some guy has just robbed you at knife point and as he takes off with your wallet, you shoot him. Is that retribution or preventing a violent felon from escaping?

You witness a violent crime and chase the felon as he flees in an attempt to apprehend him. Said felon resists arrest by trying to shoot you. Is shooting back a crime?

[Euromutt]

10. That's a sticky one, isn't it?

This applies to any offense in which the threat or use of violence is used to acquire property, armed robbery being the most obvious example, but kidnapping (i.e. abduction for ransom) being another, namely that it's reasonable assumption that if the perpetrator manages to escape, he will more likely than not reoffend, and in fairly short order. So if you shoot a mugger who's fleeing with your wallet, might your action be justified not in self-defense (as the mugger had ceased to be a threat to you) but in pre-emptive defense of the mugger's future victims? I think there's a good case to be made that it is.

[jeepnstein]

11. Our use of force is not quite that generous.

Shooting a fleeing suspect is something of a last-ditch effort that isn't really a good outcome. Cops kind of have to play by different rules, meaning we pretty much have to chase the guy. It's nice if we actually catch him but it's not absolutely the be all and end all of police work. Now if the guy you're chasing is shooting everything in sight, or has just murdered someone, or is somehow a clearly articulable imminent threat to the community then you can shoot him. You'd darn well be right because every aspect of the shooting will come under scrutiny.

As a private citizen, or off duty, once the threat is no longer present we cannot shoot. You can't pursue the threat if his escape is not putting yourself or someone in your charge in danger. That's why you can't shoot someone running away after stealing your car stereo.

Our guy in Minneapolis is on thin ice. My bet is he gets charged with something.

[Hoyt]

13. Judge, Jury, Jesus and Executioner . . . . . . .cowboy . . . . . .

[rl6214]

14. This is Minnesota, I doubt he is a cowboy

What is your infatuation with cowboys anyway, does your mom not let you play cowboys?

[one-eyed fat man]

17. Back up and regroup

Frank and Jesse James along with Cole Younger and his brothers are inexorably tied to both Minnesota and old West lore.

HISTORY TOPICS: Northfield Raid & the James-Younger Gang

The gang came to rob the bank and Joseph Lee Heywood, the bank clerk on duty, was killed when he refused to open the safe. When the townspeople were alerted and the shooting started, the robbers dropped everything and fled. In the melee that followed, Nicholas Gustavson, a Swedish town resident, was killed, as were gang members Clell Miller and William Stiles.

The pursuit of the gang went on for weeks and covered 400 miles, during which the gang split up and managed to get away. The Youngers were eventually captured at Madelia, Minnesota, in another gun battle, in which gang member Charlie Pitts was killed. The three Younger brothers were tried in Faribault, found guilty of murder, and sentenced to 25 years in the state prison at Stillwater. Bob Younger died in prison in 1889; Jim was pardoned in 1901 and committed suicide in 1902; Cole, also pardoned in 1901, died in 1916.

I am sure some one would be incensed at those rude toters taking the law into their own hands and shooting at those poor gang members. One wonders what would some of the resident anti-gunners do if impressed to a posse?

Ky. Rev. Stat. Ann. § 70.060

KRS 70.060 Sheriff may command power of county.

Any sheriff, deputy sheriff or other like officer may command and take with him the power of the county, or a part thereof, to aid him in the execution of the duties of his office, and may summon as many persons as he deems necessary to aid him in the performance thereof.

History: Amended 1962 Ky. Acts ch. 234, sec. 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4578.

No doubt, the only sheriff that would deserving of accolades from certain dilletantes on this forum is Lee Baca — Los Angeles County, California.

Sheriff Baca is infamous for special treatment for the famous and connected. He created the "Special reserves program" so that he could give CCW permits to favored individuals while with holding consideration for everyone else on the legal pretext that no citizen has legal "good cause".

[Kennah]

16. Mas Ayoob tosses on one other condition to make it a more universal standard

Likelihood of capture is low.

"Who was it?"
"Dunno."
Shoot.

"Who was it?"
"Fred."
Don't shoot.

I believe he used words to the effect of "almost never a good idea and questionably justified".

[SteveM]

12. Correction: "...the ARMED alleged robber was fleeing?" Better, now...

You may also consider that any armed assailant should be pursued if possible, with a minimum "goal" of keeping an eye on where he goes; after all, we don't want da PUNK to go and shoot/pistol-whip anyone else, do we? And if said punk remains armed and threatens those who are in pursuit, then he/she will face the consequences.

[ileus]

3. Roy Bean rides again.

[DWC]

6. If the escaping felon had pointed his gun

at a LEO, he would be just as dead.

A LEO is just a citizen trained in the use of arms and employed by the government to do its strong arm work.

Semper Fi,

[rrneck]

9. But he did not shoot the deputy. nt

[Kennah]

15. Dang it all!

[Hoopla Phil]

18. UPDATE: No charges filed on Good Samaritan. DA commends his actions!

Give some credit to Hennepin County Attorney Mike Freeman, even if the outcome of the Evanovich case was nothing more than common sense. Darren Evanovich and his sister participated in an armed robbery outside of a grocery store in Minneapolis last week, which they concluded by pistol-whipping the middle-aged woman they robbed. A Good Samaritan chased after Evanovich, but Evanovich pulled the gun when he turned the corner. Unfortunately for Evanovich, the Good Samaritan had a carry permit and a handgun of his own — which he drew and fired after Evanovich drew first. Evanovich died almost immediately, and the question became whether the police and/or the DA would charge him with homicide.

Not only did Freeman decline to press charges, he commended the Good Samaritan for responding to “his fellow citizen in need”:
http://hotair.com/archives/2011/10/29/hennepin-county-makes-the-right-choice-in-good-samaritan-shooting/


Good to see the justice system work as it should.

[burf]

19. It will be interesting to see how

this all shakes out. Seems that robbery was an occupation for the family.

Marberry (sister) has been charged with two counts of aggravated first-degree robbery, according to a criminal complaint.

She was picked out of a photo lineup by the victim of the Oct. 12 robbery, the complaint said. Surveillance video shows Marberry using the woman's credit card and checks shortly after the robbery, according to the charges. Surveillance video also shows Marberry using the credit card of the woman robbed Oct. 15 shortly after the robbery, the complaint said. That woman also recognized Marberry's headscarf as the one worn by her assailant.

Court papers released Friday said surveillance footage from Target appears to show Mary Evanovich (mom) using checks stolen from one of her daughter's robbery victims. Mary Evanovich, when asked about the allegation, denied that she used the stolen checks. "No, not at all," she said.

http://www.startribune.com/local/minneapolis/132807258.html

The Star Tribune did allow for comments when the story originally broke, but that was dropped. Most of the comments were in favor of the good Samaritan and not very kind to Evanovich.