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(CA) Store owner kills robber

Discussion in 'Legal' started by Drizzt, Dec 24, 2002.

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  1. Drizzt

    Drizzt Member

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    Store owner kills robber

    December 24, 2002 Posted: 05:45:14 AM PST


    By TY PHILLIPS
    BEE STAFF WRITER
    A Modesto sports memorabilia store owner shot and killed a gunman trying to rob the shop Monday afternoon, police said.

    Detectives questioned and later released Dave Prendergast, 57, after the shooting, which happened at Dr. Sports Cards & Collectibles at 415 Burney St.

    Evidence was inconclusive in determining whether detectives would recommend criminal charges be filed against Prendergast, Detective Phil Owen said.

    The robber, who was shot once in the head, had not been identified late Monday, police spokesman Doug Ridenour said.

    At 1:15 p.m., several witnesses heard two gunshots come from inside the downtown Modesto business. Moments later, a man with a black mask over his head stumbled out of the store and collapsed in the sidewalk.

    Prendergast called 911 and told police there was a robbery in progress. He also told a dispatcher that he had shot the robber, Ridenour said.

    Paramedics and firefighters arrived minutes later to find the robber lying on the sidewalk. They worked to revive him as a small crowd gathered behind the yellow police tape barrier.

    The robber lay on his back, most of his clothing cut free, as paramedics took turns giving him CPR. He was taken to a hospital and pronounced dead on arrival.

    During an interview after the shooting, Prendergast told detectives the robber had been in the store earlier Monday and had purchased several items, Owen said.

    The man returned in the early afternoon hours, looking around while he waited for other people to leave the store. Once the robber and Prendergast were alone, the robber approached the store owner and displayed a semiautomatic handgun, Owen said.

    "He pulled the gun out and told (Prendergast) to get into the back room," Owen said. "The store owner said he thought the guy was going to kill him. His words were, 'I didn't want to be killed in the back room.'"

    Instead of going to the back room, Prendergast told detectives he pulled out a semiautomatic handgun and fired two shots, Owen said.

    One of the shots struck the robber in the face; the other shot missed, Ridenour said. The robber did not fire his gun, Owen said.

    Several people who work in businesses along Burney Street described Prendergast as a man who quietly goes about his business.

    Vishal Chunilal, who works at the Provision House liquor store next door to Dr. Sports, said Prendergast comes most days and buys a bag of peanuts. Also, Prendergast buys a lotto ticket each week for an elderly woman who cannot leave her home, Chunilal said.

    "We've known him for about 10 years," Chunilal said. "He's always been a quiet guy. I can't believe he shot that guy. I'm afraid of what would have happened if (the robber) came here instead."

    Since the robber had no identification, police still could not figure out who he was late Monday. Stanislaus County deputy coroner Rex Cline said he could not identify the man through fingerprint records.

    The man was described as an adult male, possibly Hispanic, in his mid- to late-20s. He was about 5 feet, 8 inches tall and weighed between 150 and 170 pounds. He had dark hair and a goatee.

    He had a tattoo of a blue, circular-shaped dragon on his upper left chest, Cline said, and a partial tattoo on his upper right chest. There was a new, blue tattoo on his upper right arm, which also resembled a dragon, Cline said.

    Anyone with information about the case is asked to call Detective Phil Owen at 572-9551.

    http://www.modbee.com/local/story/5697826p-6670992c.html
     
  2. Blackhawk

    Blackhawk Member In Memoriam

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    Good for him!

    Wonder what caliber handgun he used...?
     
  3. Jim V

    Jim V Member

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    Bad guy: 0

    And a pox on anyone that wants to file charges on the store owner.
     
  4. Peetmoss

    Peetmoss Member

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    Glad the store owner had the gun to protect himself. Sorry that he has to live with the fact that some POS forced his hand and basicly made this citizen take the life of the POS.
     
  5. Standing Wolf

    Standing Wolf Member in memoriam

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    The nation is a little safer this evening.
     
  6. BerettaNut92

    BerettaNut92 Member

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    Boo hoo. I'm crying.
     
  7. Greg L

    Greg L Member

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    Well Mr. Chunilal, it sounds like you would have been led off to the back room and I doubt if you would have come out except under a sheet. Luckily you have a neighbor who by his actions keeps the whole area a little safer.

    Greg
     
  8. twoblink

    twoblink Member

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    Good guys +1, bad guys -1. I love it!

    Of course, if this happened in England, they would say what? "I'm a bit busy today ol' chap, can you come and rob me and kill me next tuesday?"
     
  9. PATH

    PATH Member

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    I love a story with a happy ending!
     
  10. m.i.sanders

    m.i.sanders Member

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    What's to decide??? Based on the what was reported it looks like a good shoot. Or is CA part of England now?
     
  11. 45R

    45R Member

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    Glad to see the good guy come home. Hope he doesnt see any legal trouble.
     
  12. Dan Shapiro

    Dan Shapiro Member

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    Why does every self defense story always have a line like, “…determining whether detectives would recommend criminal charges be filed?â€

    To steal a quote from TFL, “He put the quarter in the jukebox, but I got to choose the song.â€
     
  13. Jim Diver

    Jim Diver Member

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    Nothing lost... Tons gained.

    Don't forget people, PRK is considering releasing many prisoners to help cut the budget deficit.

    First they remove your ability to defend yourself and your family, then they release the predators.....

    On a side note, the PRK budget problem.... Interesting that the state is 34Billion in the red and yet the local high school district has more than enough money to advertise their schools on TV!!
     
  14. Russ

    Russ Member

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    Some people in the area need to go sit with the store owner for a few weeks so the robber's homies don't come for revenge.
     
  15. spacemanspiff

    spacemanspiff Senior Member

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    think the store owner needs to work on his double-taps? :D
     
  16. Malone LaVeigh

    Malone LaVeigh Member

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    I just knew someone would say this. Folks, can we show a little more class over here and represent our interests a little better? I doubt Mr. Prendergast would say there is anything "happy" about the ending. This is maybe the best ending of a bad situation that we all hope we'll never have to face. Isn't it?
     
  17. spacemanspiff

    spacemanspiff Senior Member

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    maybe the 'happy ending' being spoken of is that Prendergast survived the incident. he didnt leave the scene in a bodybag. thats a happy ending as far as i'm concerned.

    as for the BG who did wind up in a bodybag, the only thing to consider is whether or not deadly force was justified. the way it looks right now, according to the information provided, i'd say the deadly force was justified.
    i dont shed a tear for the BG dying, nor do i smile an evil grin for it.
     
  18. Drizzt

    Drizzt Member

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    Shooting victim's family puzzled over incident







    December 30, 2002 Posted: 04:45:11 AM PST


    By PATRICK GIBLIN
    BEE STAFF WRITER
    About 75 relatives and friends gathered in front of Dr. Sports Cards & Collectibles in Modesto on Sunday night to remember Manuel Quijas.

    Quijas was shot to death by the store's owner, Dave Prendergast, 57, at 1:15 p.m. Dec. 23.

    During the candlelight vigil Sunday, family members said they would press the Stanislaus County District Attorney's office to take a hard look at the shooting, and vowed to hire an attorney to take their own legal action.

    "His death has been really difficult to cope with," said Jose Quijas, one of Manuel Quijas' two older brothers. "There are a lot of things that are just inconclusive about what happened."

    Manuel Quijas, a 24-year-old from Modesto, was shot once in the head during a robbery attempt, police detectives said.

    Family members don't dispute that, but they question whether he was shot in the face, as initially reported, or in the back of the head as he was leaving the store at 415 Burney St. If he was shot in the back of the head, the owner should face criminal charges, the family said.

    "The funeral home director told us it looked like he had been shot in the back of the head," Jose Quijas said. "The police detectives told us he was shot in the face, which made it a justified shooting."

    Detectives previously said the evidence was inconclusive as to whether Prendergast should face charges.

    After the shooting, Prendergast told detectives the robber had been in the store earlier Monday and had purchased several items, police said.

    The man returned in the early afternoon, looking around while he waited for people to leave the store. Once the robber and Prendergast were alone, the robber approached the store owner and displayed a semiautomatic handgun, police said.

    Friends and relatives said Manuel Quijas' actions were completely out of character. They said he didn't have a criminal record, and was the type of person who mowed the neighbors' lawns and took care of his nieces and nephews.

    "He was a really good kid," said Bianna Smith, a family friend.

    Luis Quijas, Manuel Quijas' other older brother, said the fact that his brother went into the store twice tells him there was hesitation to commit crime. He said he had heard rumors that his brother might have owed someone money and had his life threatened if he didn't pay off the debt.

    Still, family members said that did not excuse the robbery.

    "We are not happy with what he did," said Teresa Quijas, Manuel Quijas' mother. "But we don't think he had to be killed over it."

    The vigil was quickly organized Sunday afternoon as friends and family gathered for Manuel Quijas' visitation.

    His funeral will be at 11 a.m. today at the Victory Life Center, 2118 Woodland Ave. Burial will follow at Lakewood Memorial Park in Hughson.

    http://www.modbee.com/local/story/5748311p-6719656c.html
     
  19. Croyance

    Croyance Member

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    :confused: Dosn't that show premeditation? That he was checking the place out to see if it was worth robbing?
    Besides, does hesitation matter if he went through with the robbery?
     
  20. forquidder

    forquidder Member

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    consequences

    The responses of the family just goes to show the twisted logic in todays society. To walk in to a place of business, pull out a firearm and threaten the owner, in my mind, is all the invitation needed for the store owner to do what he did. And the unmitigated gall of those people to stage the candlelight "vigil" in front of the guys store instead of hanging their heads in shame and doing it in private.
     
  21. Jim V

    Jim V Member

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    Perhaps the guy didn't have a criminal record, he still doesn't and won't either. And, the good thing for all, is that he will not have the chance to obtain one.

    I wonder if his family would rather that he had killed the shop owner?
     
  22. SkunkApe

    SkunkApe Member

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    "He was a really good kid," said Bianna Smith, a family friend.

    ...other than his propensity to rob storeowners at gunpoint, that is.
     
  23. Gordon

    Gordon Member

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    I'm surprised that nobody HERE sees the obvious: make a big deal over the good guy using a gun and dont mention the robbers gun. Officers could be checking the robbers gun for fingerprints ect. You never know when somebody is gonna force their wifes' boyfriend to pull a ski mask over their head and place a "throwdown" piece in hand. Right? I mean it could happen right?:rolleyes:
     
  24. Dan Shapiro

    Dan Shapiro Member

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    :rolleyes: :rolleyes:
     
  25. JPM70535

    JPM70535 Member

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    Justice triumph again. When will the low lifes of the world learn that getting shot is an occupational hazard of attempting armed robberies. As an aside, the BG will never have the chance to be a burden on the Correctional System and will not clog up the court system with endless appeals.
     
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