Holdups in Texas are a risky thing to do....

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Drizzt

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Holdup suspect fatally shot by clerk

11:55 AM CST on Wednesday, November 2, 2005

Cynthia Vega reports

A Northeast Dallas convenience store clerk shot and killed a would-be holdup man Tuesday night.

Police said the suspect entered the business in the 9900 block of Garland Road around 8:50 p.m., pulled out a weapon and fired it at the store employee.

The clerk produced a pistol and fired it at the gunman, wounding him in the head.

"Obviously, if it is a case of self-defense where he did come in to rob, attempt to rob the store, then we will take his statement and then we will go ahead and refer everything to the grand jury," said Dallas police Lt. Mike Scroggins.

The suspect was taken to Baylor University Medical Center, where he later died.

http://www.dallasnews.com/sharedcon...tories/wfaa051102_wz_gunmanshot.1dffcabc.html

interesting video on the link as well
 
Obviously, if it is a case of self-defense where he did come in to rob, attempt to rob the store, then we will take his statement and then we will go ahead and refer everything to the grand jury," said Dallas police Lt. Mike Scroggins.
Click to expand...

The Dallas DA must be a real wimp if he won't just turn the guy loose. Sounds like a pretty clear cut case from the report anyway.

And people wonder why I say Dallas isn't really part of Texas anymore.......

Why waste a Grand Jury's time with this, they could be out indicting Tom DeLays friends. :scrutiny:
 
From the video link. (Wording is probably not perfect)

Anchorwoman says with her "frowny face" on: "A convenience store clerk took matters into his own hands when a would-be robber entered his store and now that would-be robber is dead."

They admit the criminal had a gun, they state that he shot at the clerk, they admit he's a "would-be robber" and still it's not self-defense, it's "taking matters into his own hands".:barf:
 
Yeah, well...it's a Belo Corp. media company.

What surprised me was they took the shootee to Baylor instead of Parkland, the county hospital.

I've also heard a report (early this morning) from a different media outlet that the clerk got the firearm away from the would-be robber and shot him with it. That hasn't proven to be true. The reports this evening are a little clearer, that the police, upon seeing the store video, say it's pretty straightforward as a self-defense good shoot.

Nonetheless, one young miscreant took early retirement. No gold watch for him.

Regards,
Rabbit.
 
Did anyone else notice that as she is interviewing the customer the caption at the bottom says "CLERK DIED FROM GUNSHOT"?
 
TexasSIGman said:
The Dallas DA must be a real wimp if he won't just turn the guy loose. Sounds like a pretty clear cut case from the report anyway.

And people wonder why I say Dallas isn't really part of Texas anymore.......

Why waste a Grand Jury's time with this, they could be out indicting Tom DeLays friends. :scrutiny:
Click to expand...

I'm not sure.
Don't all killings have to go before the Grand Jury or can the shooter just not be charged and that's the end of it? Seems to me I have heard of cases where shootings were sent to the Grand Jury without charges.
I agree it's wrong and a waste of tax payer's money sending a shooting like this to a Grand Jury.

I remember a shooting, before concealed carry, where a man and his wife were being shot at on the highway. The man killed the shooter with a 44 Mag while they were both driving (heck of a shot).
The DA jumped right in saying the man had a right to carry the handgun because he was traveling and it was used lawfully protecting himself and his wife. I'd vote for that DA.:)
I'm sure the man wasn't charged with anything and I don't remember anything about a Grand Jury.
 
I believe the DA can decide that there is no reason to file charges.

But, I don't know. Sounds like a rear end covering exercise on the part of the Dallas DA, but who knows.
 
It is my understanding that if the DA just says no charges that right up until the time that the statute of limitations occur (for which there is none for murder) you can be charged.

FRom what little I do know about the process having a grand jury do it's legal thingy and grant a bill of something or other prevents a DA in the future from turning around and deciding you should be charged.

Attornies - Please jump in and tell us the real deal here if I've gotten it wrong...
 
What I want to know is whether the clerk will be fired or not. I hope he isn't but in this day and age...
Click to expand...

If that was my clerk he'd get a rather sizable bonus, the only question is cash or the new carry piece he has been staring at in the gun store.
 
I believe that here in Texas a grand jury is always used for self-defense cases. If the DA believes that it is a justifiable shooting then he will request a "no bill". If the grand jury thinks that there was a crime then they issue a "bill" and then a trial will occur.
 
So how do you find out if the DA requsts a no-bill? Is this public record or is it sealed like most Grand Jury stuff?
 
A Grand Jury will revue a shooting case in which a death occurs....even a police involved shooting. The DA can turn the facts of the investigation over to the Jury and the Jury has a right to hear testimony from all involved parties and witnesses. Since the shooter is not going to have legal representation, the fact finding process and the facts found will never be viewable to the public. The grand jury will simply "Bill" or "No Bill" a case. A "No Bill" simply means a Grand Jury does not see enough evidence which indicates a violation of law to prosecute the matter being brought before it. A "Bill" means the Grand Jury finds enough evidence to be brought forth in a trial of a wrong doing. A Grand Jury does not determine guilt or innocence and all facts discovered by a grand jury are sealed, thus the defendant is not required or entitled to have legal representation before a grand jury....though a lawyer may "advise" his/her client before the jury hearing. For those of you with a CHL you need to NOTE THAT....it's called a HINT!!!

Upon a "Bill" the formal process of the charging the defendant will begin and you guys know what happens from that point.

Since the shooting was in self defense, it is likely that the jury will "No Bill" this case...remember, the DA or Police are neutral to the Grand Jury and simply stating matter of fact. At this point it is considered non-adversarial.

Yet another reason why you will likely be arrested in any shootings you are likely to be involved in. The magistrate may then release on recognizance or bail to ensure your participation in the formalities forthcoming.

whew.....I need a break.

*disclaimer* I am not a lawyer and I do not play one on T.V....this is not legal advice and to take it as such would mark you as a stupid dude.
 
I would further add that a No Bill offers no future immunity from prosecution. If new evidence is uncovered, the case can go before the Grand Jury again.

In the absence of new evidence, you're very unlikely to be bothered again, however.
 
X
JohnKSa
....they state that he shot at the clerk
Click to expand...



Nope did not say in the report that the robber shot, just that the clerk shot.

Hope all works out for the clerk.
 
JohnKSa said:
From the video link. (Wording is probably not perfect)

Anchorwoman says with her "frowny face" on: "A convenience store clerk took matters into his own hands when a would-be robber entered his store and now that would-be robber is dead."

They admit the criminal had a gun, they state that he shot at the clerk, they admit he's a "would-be robber" and still it's not self-defense, it's "taking matters into his own hands".:barf:
Click to expand...
Exactly my thoughts and in TEXAS? :fire:
 
nfl1990 said:
If that was my clerk he'd get a rather sizable bonus, the only question is cash or the new carry piece he has been staring at in the gun store.
Click to expand...

+1 and maybe a vest too.
 
Wasn't in Texas, it was in Dallas. Dallas and Austin are really part of California, they just haven't updated the maps yet.
Click to expand...

+1 on the Austin part, but I rather like DFW and will be moving back whenever I can. We can't save Cali, but we can save Dallas.:neener:
 
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