Guy Arrested for beating armed robber

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TargetTerror

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A guy was arrested for beating an armed robber. While, morally, the robber may have deserved what he got, this underscores the need to keep the legal system in mind when you defend yourself and your property. Don't let yourself get carried away, which is what it looks like happened here.

http://www.kearneyhub.com/site/news.cfm?newsid=19091257&BRD=268&PAG=461&dept_id=577571&rfi=6

LEXINGTON— A Lexington man was arrested Wednesday after allegedly severely beating a would-be robber with his own pistol.

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Michael Atkins, 17, of Lexington was charged in Dawson County Court Wednesday with assault and use of a weapon to commit a felony. Lexington Police Chief Charlie Clark said Atkins assaulted Ernesto Guerrero, 26, of Grand Island after Guerrero allegedly tried to rob him at gunpoint Nov. 23.

Guerrero tried to rob Atkins’ west-central Lexington home, which he shares with his mother. Clark said she was not home at the time.

“He (Guerrero) walked into a home and stuck a gun in the guy’s (Atkins’) face,” Clark said.

Several of Atkins’ friends arrived, and a fight began. Guerrero tried to flee, but Atkins tackled him in the yard and “beat him severely with his own pistol,” Clark said.

Clark said Atkins was acting in self-defense when he took the gun away from Guerrero, but “it ceases to be self-defense, especially when you pistol whip the guy over the head with his own gun.”

Clark said authorities are not sure whether anyone else was involved in the beating and are still searching for suspects. He said Guerrero had at least one accomplice in the robbery, but police have not yet identified that person.

Guerrero was transported privately to Cozad Community Hospital where he was treated overnight. He was arrested in Grand Island last weekend and brought to Lexington on Monday. He has been charged in county court with robbery and use of a weapon to commit a felony and is being held in the Dawson County Jail on a $10,000 bond.

Robbery and use of a firearm to commit a felony are both Class II felonies punishable by up to 50 years and a minimum of one year in prison.

Atkins was charged with second-degree assault, a Class IIIA felony punishable by up to five years in prison, a $10,000 fine or both. He was also charged with use of a firearm to commit a felony, a Class II felony, and unlawful possession of a revolver, a Class III misdemeanor punishable by up to three months in jail, a $500 fine or both.

Atkins was arrested at about 11:30 a.m. Wednesday when he reported to his probation officer. He is on probation from juvenile court. He is being held on a $5,000 bond in the Dawson County Jail.

Clark said the gun has not been found, but police were told it is a revolver.
 
What is this, the second story this week about the victim getting charged with a gun crime after taking the perp's weapon and using it against them. That is BS!
 
this story has a stink to it. I suspect there is a little more going on then just self defense. The "victim" is a convicted criminal and the gun is missing.
 
For anyone who would like to contact the DA and demand the charges be dropped, here is the info...

Dawson County Attorney 700 N. Washington St. - 308-324-5644
 
I'm sorry, but once the guy's lost his piece, he's disarmed, and suddenly the ball's in the would-be victim's court. I mean, I thought it was about "de-escalating" a situation, not beating a guy senseless.
For the record, yes, the robber did have it coming, but from a legal standpoint... Atkins shouldn't have gone that far.

Edit: Though, I will say, the charge of unlawful possession is crap, unless he failed to hand the gun over.
 
Whaddya mean, he fell.

Legal system shouldn't be this harsh, but like all things media covered, there's probably some crucial info missing that draws the picture more clearly.
 
I agree that there is probably something else going on, what with the missing gun. But, that point is largely irrelevant, as simply based on the article, the charges ARE JUSTIFIED. Just because someone is the initial aggressor doesn't give you the legal right to beat them to oblivion AFTER they stop being a threat. Pistol whipping is probably the best example of crossing the line from self defense to assault, as your attorney will need to work MUCH harder to convince the jury that the BG posed enough of a threat after being disarmed that you STILL had to hit him. Yes, that can be the case, but usually not.

This situation is important because it can happen even to a completely clean cut homeowner. I live in MA, and I'd probably get arrested and convicted just for blocking a bunch from a burglar, let alone actually using force against them. You need to constantly be aware of your legal justification of force AS IT'S HAPPENING. Very hard, but very necessary.
 
I agree, the charges seem to be justified. Whether a conviction is possible remains to be seen.

In the meanwhile, a minor reminder:
Legal forum is now for legal issues only. When giving advice, please endeavor to provide links or references to original documents, laws and other relevant resources. Please keep the topics related to guns and RKBA.

This is a salient topic. Let's keep it open.
 
TargetTerror, I couldn't have said it better. The only charge I have doubts about, as I said, is the "unlawful possession" one.
 
It certainly is an interesting topic, and one that has many differing facets to consider. Here at THR we often attempt to put things into historical terms, and while I personally would NOT want to hurt anyone, I would have to say that in a US not that far in the past, such an action would have been quite acceptable, and again while I do not personally condone such actions (either from a legal or moral perspective), I can say that with the problems that are present in our judicial system I can see where someone might be inclined to take such actions as the justice/penal system does not seem to provide much justice, or for that matter, much of a penalty these days.
 
this story has a stink to it. I suspect there is a little more going on then just self defense. The "victim" is a convicted criminal and the gun is missing.
+1

If you are defending yourself on your own property and can disable the perp & contain him? What's up?

How much force are you alowed to use? to defend, contain and restrain until authorities arrive?
 
Yes disarmed and fully functional perp that has just had his weapon taken away is no longer a threat. That is unless he proceeds to grapple and retake the pistol, then uses that pistol to kill you.

Maybe people who have not been in such situations do not realize how fluid they are.
Fighting with someone with a gun, still in a fight, get the weapon, and proceed to club him with it while still in a struggle, continuing to club until the threat is down, or allows you to get away or gain some distance.

Seems logical to me. In fact it shows a lot more self control than proceeding to shoot him with it. If you are in a struggle with someone and either of you have a pistol, you are still in a life and death situation.

Taking someone's pistol away and pistol whipping them immediately is one of the oldest and most effective ways to end a very dangerous situation in a less than lethal way. If someone has the ability to do so, putting themselves in danger, I applaud them.



To me pistol whipping the threat while still in a struggle is no different than tazering him, hitting them with a baton, or spraying them. It is dangerous, and he may be injured, but your safety is more important than the person willing to do you harm who is still a threat.

What exactly do you do after taking the pistol away from him and still being engaged in a struggle?
You may not even have the pistol by the handle, perhaps holding it by the slide/barrel and having possessing of it for a split second. He may be punching clawing and grabbing for it.

1. You could shoot him.
2. You could now continue the struggle with one hand while they have two, and see how it turns out.
3. You could simply point it at him from grappling distance as you are obviously in, and hope he complies rather than grabbing it, at which point you have to shoot.
4. You could toss it away, and once again be in a life and death situation if he gets an advantage and manages to reach it again.
5. If you just happen to carry other weapons on you, you can proceed to employ them with one hand while your useless other hand holds onto a weapon you won't use.
.6 If you just happen to carry handcuffs or another way to secure the individual you can proceed to handcuff someone who may still be fighting you with one hand, while you ineffectively attempt get thier second hand, with no holster or other place to put the firearm, not knowing anything about the firearm or whether it is even safe to put into your pocket (where it might just be grabbed and used to pistol whip or shoot you).

OR DING you can start beating the idiot with it as soon as you wrestle it from thier grasp, choosing to put yourself in more danger than just shooting them because you are a good guy willing to take that risk, but still don't want to die. Getting some distance once he is reeling away dazed or unconscious etc from the clubbing, and hold him at gunpoint or run away.

Imagining you can just disarm someone in the heat of a struggle and they are suddenly not a threat is foolhardy. You don't wear an extra holster for that firearm, and you don't carry a duty belt full of gadgets to help you out. Attempting to get away while still in a struggle with a fully functional individual can end up with the gun once again out of your complete control.

I think pistol whipping is a less lethal alternative that shows a large degree of restraint. It is not like he approached him armed with his own firearm and proceeded to pistol whip him. He took it away in a struggle and then made sure he wasn't going to take it right back.

People not involved in fights seem to imagine them in perfect steps and stages, as portrayed in movies, or martial arts training and demonstrations. They are usualy much more fluid than that.

It certainly is an interesting topic, and one that has many differing facets to consider. Here at THR we often attempt to put things into historical terms, and while I personally would NOT want to hurt anyone, I would have to say that in a US not that far in the past, such an action would have been quite acceptable, and again while I do not personally condone such actions (either from a legal or moral perspective), I can say that with the problems that are present in our judicial system I can see where someone might be inclined to take such actions as the justice/penal system does not seem to provide much justice, or for that matter, much of a penalty these days.

I am not saying as punishment, that is clearly wrong, and once out of the situation seperated from the threat it is up to the legal system to administer justice. However I think people imagine the line between necessary and extra is clearer mid fight in a fluid changing struggle than it really is.
 
Sounds like it could be a drug deal that went south.
Yes it probably is, and the guy leads a shadey lifestyle, so is being treated differently.
I guess if he was selling a used car or piece of furniture and it went south, all would be okay, but since it was drugs, he should have let himself die, commiting one illegal activity makes his right to self defense null and void. :rolleyes:

I don't associate with people involved with drugs because it is not worth it as an adult. However I think every human being has a right to self defense whether they sell drugs, use drugs, are a prostitute, or jaywalk across the street. What does that have to do with defending themselves?

Charges for drugs would be valid and seperate if they exist. However that is speculation, is not part of the charges, and so really does not even matter.
 
Obviously this guy was stressed out when he talked to the cops. What he meant to say is, "I don't know how his face got that way."
 
This situation is shocking. Guerrero should be able to practice his profession of armed robbery, with a specialty in home invasion, without being set upon by a ruffian like Atkins who obviously has no consideration for other people. If someone like Atkins is allowed to go unpunished there could be a chilling effect on Guerrero and other hardworking criminals. We should not tolerate it, and I'm glad that we don't. Criminals do not get the respect they deserve in this country. They are much better off in England. It's good that we're beginning to emulate the English in that respect.

There's little doubt that Guerrero will sue Atkins for the injuries he suffered and, possibly, for loss of income too. I don't know if armed robbers and home invaders are covered by workers compensation but they certainly ought to be.
 
To me, I think that exactly WHEN the alleged pistol whipping took place is the key.If they were on the ground, wrestling and fighing over control of the gun, and the victim gets control and wacks him with it a few times while they continue rolling around struggling, or while in the process of getting up from the strugle and trying to get away/free/the upper hand, then I persoally feel that is a perfectly reasonable use of force to make the perp no longer a threat and to get away to a safe dstance and have more secure control of the gun and the situation.If you were to just try to get after gaining control of the gun (if you could even wiggle free TO get up), I'd bet the BG would just get up with you and continue to struggle for the gun (or just fight and not LET you get up and away in the first place), as long as the BG was within reaching distance still, I think giving him a few whacks would be wiser than trying to fire on him, or point the gun at him, as the gun is going to be a lot harder to try to get away from you while its in motion comming at your head, vs. being still and extended trying to point or fire.Also,after getting pistol whipped a few times, I'd bet you'd be in a lot better position to break contact and get up and back away to aim/fire the gun, as the BG will be a bit stunned,and some of the fight taken out of him.If however, the victim got the gun away and was up and away from the BG, then decided tojust dole out a beating, rather than just detain him, let him go free, or fire if he advances again, then that obviously crosses the line legally.From a non-legal standpoint ,IMHO, a beating SHOULD be a job hazzard for crooks (and knowing that your victim was legally free, and thus very likely, to seriously beat or kill you, it could POSSIBLY make a lot of BG's consider a career change) and he had it coming.But that isnt the law.
 
Something here just doesn't sound kosher. (That or I’m just too accustomed to the Texas mindset. :D )
 
Self-Defense?

Several of Atkins’ friends arrived, and a fight began. Guerrero tried to flee, but Atkins tackled him in the yard and “beat him severely with his own pistol,” Clark said.

Clark said Atkins was acting in self-defense when he took the gun away from Guerrero, but “it ceases to be self-defense, especially when you pistol whip the guy over the head with his own gun.”

I suspect there is a little more going on then just self defense. The "victim" is a convicted criminal and the gun is missing.
If you are defending yourself on your own property and can disable the perp & contain him? What's up?

I don't understand why beating an unarmed fleeing person on the head with a gun is self-defense? Is there something I'm missing here? Those who say that was self-defense, please explain so I can understand why that was self-defense instead of assault?

If someone pulls a gun on me, then I say "That's nice" and then pull out a shotgun, then the other person tosses his gun to the side and says I surrender, is it self-defense if I then blow the guy away? I don't understand why beating someone on the head who has been disarmed and is fleeing can be reasonably considered "self-defense"?

The main reason situations like this bother me is legislation is passed against law abiding citizens who own and carry guns. I like the fact that in my state I can legally carry a sidearm with me into elementary schools, places that make most of their living from alcohol, churches, state owned universities, and I don't want idiots pumped up on testosterone using their friends in a fight ruining this for me. Am I wrong for getting upset at people like this? By all means, if someone points a gun at you and you take it away and shoot them in the immediate situation, that’s reasonable self-defense. However, if they’re fleeing and you’re using your friends in a fight and beat the fleeing criminal (now turning into a victim), then you’re affecting law abiding citizens who should be enjoying their rights when concealed carrying because people pass laws when stupid stuff like this happens.
 
we need a Hairless President in 08!

workers comp, eh? good one!

topic.

Lots of people wrongly assume they are allowed to beat the tar out of someone they disarmed.
I took a gun away from a drunk here in Reno during a poorly executed attempted armed robbery EVERYONE I talked to here in Reno said I should have shot her or beat her up. Of course they would not have chipped in for my lawyer.

Remember folks, simply end the threat!

I don't understand why beating an unarmed fleeing person on the head with a gun is self-defense?
you need to look up the highly respected "he needed killing" defense strategy! :)
 
Atkins should have been given a pat on the back and a 'attaboy' while the DA and especially the police chief should be out of a job.
 
I think he is in trouble cause the gun is missing. His parole agent is bending him over backwards to get the gun. Seems strange it went missing before the Police arrived. Not much time could have elapsed from when the pistol whipping part of the beating started to the time Police arrived. Someone in the group has the gun and my guess is they are a felon. One of his buddies has the key to getting charges dropped it is the gun. :rolleyes:
 
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