The Atlanta Journal-Constitution: 1/23/03
Pedestrian's use of gun in Lilburn to be investigated
By LATEEF MUNGIN
Atlanta Journal-Constitution Staff Writer
A pedestrian who shot at carjacking suspects in Lilburn Tuesday may not face criminal charges, authorities said.
"It is illegal for citizens to take the law into their own hands," District Attorney Danny Porter said. "There are only certain circumstances that a citizen can use deadly force."
Whether Tuesday's shootout in Lilburn will be one of those situations will be investigated by his office, Porter said.
A citizen who legitimately believes that someone will cause death or serious bodily harm to them can legally use deadly force, Porter said.
"I have not received the report on this incident but I've been told that the [suspect's] car swerved to hit the person," Porter said. "It could well be that he had a reason to believe that he needed to use deadly force."
Police have not released the name of the pedestrian who shot and struck the vehicle of the fleeing suspects. The carjacking suspects were not injured, and the pedestrian will not be charged by Lilburn police, Lilburn Lt. Donny Kelly said.
"He felt like his life was in danger," Kelly said. "He gave us great information about what direction the suspects had gone. All the witnesses were very helpful, and without their help we probably wouldn't have known where the suspects were."
Oracio Villa Gomez, 20, and Alexander Legon Diaz, 26, have been charged with carjacking, aggravated assault, burglary and obstruction of a police officer.
The incident began about 9 a.m. Tuesday when the two men allegedly tried to steal the Corvette of a woman at Cole's service station on Lawrenceville Highway.
While fleeing in an SUV, Gomez and Diaz tried to hit two pedestrians, but missed, Kelly said. One of the pedestrians shot at the suspects' vehicle.
Ray Cole, owner of Cole's service station, said the shooter had no choice.
"They were not only trying to run him over, one of the guys was leaning out the window pointing a gun at the guy," Cole said. "If he didn't shoot at the guys, he would have been killed."
Cole said once the suspects' vehicle drove by and entered Lawrenceville Highway, the pedestrian stopped shooting.
"He was solid," Cole said. "He stopped shooting when the car went into traffic and other people could have been hit. Then the [suspects'] car crashed into a BellSouth van."
Gomez and Diaz were not wounded, but they crashed into two or three vehicles on Lawrenceville Highway and then fled on foot, Kelly said. Lilburn police captured the suspects nearby. While running away, one of the men shot at a driver in a passing car, Kelly said.
Lilburn Mayor Scott Batterton said the pedestrian is a hero.
"I feel that reaction is fine for a citizen that is well-trained in firearms and feels that his life or property is in danger," said Batterton.
"I'm glad that this citizen was in the city of Lilburn. He deserves a commendation."
