Store owner kills robber, gets charged with manslaughter!

[gofaster]

The State Attorney just killed his chances for political office in the next election.  I can see his opponents' smear campaign ads now: "Mark Ober wanted to send a businessman to prison for defending his property!  Will he send you to prison for defending yours, too?"

No wonder he got an underling to deliver the message at the press conference.  Interesting how the story doesn't even mention the State Attorney by name.

I can see where the restaurant owner went too far, but at the same time I can see his logic and rationale for going after the robber.  Yeah, the owner is probably guilty of aggravated manslaughter, but the robber had it coming.

Its cases like this that make me wish I could get picked for jury duty!  

Victim Charged In Robber's Death
By JOSHUA B. GOOD jgood@tampatrib.com
Published: Jan 28, 2004

 
TAMPA - Prosecutors filed manslaughter charges Tuesday against a downtown restaurant owner who drove his SUV over a robber, killing him.

Lawrence Storer, 33, owner of Sumos Thai Cafe at 301 E. Twiggs St., was expected to surrender to police Tuesday evening, pay $7,500 bail and be released, said his attorney, John Fitzgibbons.

On Oct. 30, Storer was renovating his restaurant late at night. He took a break and sat in his Ford Explorer, Fitzgibbons said.

Shantavious Wilson, 24, stuck a gun through the SUV's open window, pointed it at Storer's head and demanded money, according to police.

``When the gun was being pointed at his head, all he could think of was his little girl. He thought his life was over,'' Fitzgibbons said.

Storer got out of his Ford, went into the restaurant and handed over a small amount of money to Wilson, police said.

Storer then ran from Wilson and dialed 911 on his cell phone. Wilson followed, pointed his gun at Storer, then ran, Tampa police spokesman Joe Durkin has said.

Storer climbed into his SUV and chased Wilson. Storer went the wrong way on Polk Street, drove on the sidewalk and ran over Wilson, according to a police report filed with the court Tuesday.

The gun Wilson used looked like a 9 mm pistol but was a pellet gun, police said.

``We anticipate a jury will be very sympathetic,'' Fitzgibbons said.

Privately, prosecutors admit it will be difficult to persuade a jury to convict Storer. Publicly, prosecutors talked about how the law applies to everyone.

``We live in a civilized society. We are a nation of laws, and none of us have the right to violate the laws we share,'' said Pam Bondi, spokeswoman for the Hillsborough County State Attorney's Office.

Wilson's family could not be reached Tuesday.

A surveillance camera at the federal courthouse downtown recorded some of the incident. Fitzgibbons has not seen the tape and Bondi and the prosecutor on the case, Jalal Harb, would not discuss it.

A portion of the tape, however, was released to local TV stations when police attempted to find possible witnesses to Wilson's death. The released portion did not show Wilson being run over. The quality of the tape was poor and police previously said they attempted to enhance portions of it.

Fitzgibbons talked about Wilson's violent past and might try to introduce that in Storer's case.

In 1998, according to court records, Wilson robbed a Tampa laundry and held a gun on Esther Lee. He took her money and purse, then ran. Like Storer, Lee chased Wilson, she said.

``When you're faced with someone pointing a gun at you, at that moment there's no reasoning. You go into shock, you don't think,'' Lee said Tuesday.

In 1999, Wilson was sentenced to five years for armed robbery in the attack on Lee and was released Sept. 26.

[Mickey1992]

"I can see where the restaurant owner went too far.."

I agree.

"..but at the same time I can see his logic and rationale for going after the robber."

His rationale was that he was pissed.  That is not justification for killing him.

"Yeah, the owner is probably guilty of aggravated manslaughter..."

Case closed.

"..but the robber had it coming."

Nice.  Maybe the defense can use the "He deserved it" logic at trial.  

[john9001]

one less armed robber we have to worry about.

 did i read the report right? the storeowner drove his SUV the WRONG WAY on a ONE WAY STREET?...give that law breaker a ticket.

[MJHerman]

Out of curiousity, would you still think that the store owner should not be charged if he shot the robber in the back while he was running away from the scene of the crime?

[Hawklore]

-sympothy on-

More like one "Unarmed" robber who is possibly robbing for his family cause he dosn't know right from wrong or he just needs the money to help feed his family.

-sympothy off-

[gofaster]

Originally posted by Mickey1992
"..but the robber had it coming."

Nice.  Maybe the defense can use the "He deserved it" logic at trial.   [/B]

You can bet they will.  Playing to the jury's emotions worked for Valessa Robinson and would probably work here.  I wouldn't be surprised if the defense stated that   the owner worked there, owned a business there, was concerned for the safety of his customers, and was afraid the robber would come back again and again and again to repeat his heinous crime.

The fact that the perp was only out of jail for a month before he commited the same crime again will weigh strongly on the jurors' minds as well.

I'm guessing the defense attorneys will be on the phone with Harvey Moore, PhD., pretty soon.

[Ripsnort]

Once the gun was no longer pointed at him (the guy started running), he became a murderer IMO.  Self defense is the act of defending ones self while under threat. The thief was no longer a threat once he started running.

[Sabre]

Good point Rip.  I think the consensus here is that he will likely be found guilty of manslaughter (heat of the moment, passion, etc), but will receive a light sentence.

Another questions, at the risk of hijacking the thread: Why is the fact that Storer was driving an SUV germain to the case?  Ever wonder why SUV's seem to be villified in the press?  If the guy drove a Hyundai Accent, would the press have writen that the "restaurant owner who drove his Korean subcompact import over a robber, killing him"?

[Ping]

Oh the Humanity, A violent criminal is dead .

Rip. Who was to know that that wasn't a real gun? What if he was let free to roam and plunder and possibly kill someone?
Lets just say that the shop owner was givin a little o that Unilateral action stuff.
Pre-emptive strikes?
GWB special?

I am definitely sympathetic to the owner.

[Sox62]

I can see both sides off the coin here,however I'm inclined to be sympathetic to the storeowner.

My question is;if he becomes a murderer when the guy is fleeing and no longer a threat,then why can police shoot at a fleeing suspect?

[Dune]

I have to agree with Rip.

Once the man with the gun left, Storrer wasn't acting out of self-defense, he was acting out of anger.  He had a damn good reason to be angry, but that's not justification.

After the guy left, it became a call the cops and report it situation.  Or hell, call the cops on the cell phone while he chases the guy down the street.

[gofaster]

Don't forget, the owner gave the money to the robber, then the owner ran away and called 911 on his cell phone.  The robber then chased the owner but gave up the chase.  To me, that indicates that the robber was thinking of whacking the owner but changed his mind.  There was no mention of whether the robber was wearing a mask. The robber had just gotten out of prison because his last victim had identified him.  Maybe the robber wasn't about to make that mistake again.  Who's to say that the owner, believing the gun to be real, felt that the robber most certainly would come back to finish the job?  If that's the logic to be followed, who's to say that the owner didn't run over the robber as an aggressive form of self-defense?

[texace]

Of course a call to the cops was in order. But what would be the chance of catching the guy?

Aye, the death of the perp was not really justified, no matter what the circumstance was, but had he gotten away, what makes you think the perp would not have come back later for more money with a more serious consequence?

Maybe the store owner was not only mad but worried the robber may return for more money or his life later? Criminals don't like people who can ID them in a lineup, you know.

[Ping]

Maybe the store owner should have been packing a handgun and when he was getting the money just shot him dead.
Then everyone here would say Xcellent, that shows why are constitutional rights to bear arms are to be protected.
Man that Robber got what he deserved.

Either way a violent criminal is dead while in the act of committing a violent crime.

[rpm]

My suspicion is that nobody heard him yell "Citizen's arrest". Parking the SUV on the perp to restrain him until backup arrived was the prudent action.