NY Business Owner Kills two Robbers

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4v50 Gary

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Here's a story that demonstrates the power of karma. I hope the surviving robbers are charged with murder.

Blue Flame owner kills two: Harlem's restaurant supply owner shoots two dead after botched robbery

BY Kerry Burke, Alison Gendar and Bill Hutchinson
DAILY NEWS STAFF WRITERS

Friday, August 14th 2009, 5:07 AM
Keivom/News

Charles Augusto, (in blue shirt and white T-shirt) owner of the Kaplan Brothers Blue Flame Co. is led out after apparently shooting four people with a shotgun during a robbery.

A shotgun-wielding owner of a Harlem restaurant-supply company blasted two robbers to death and wounded two others on Thursday when he caught them pistol-whipping his employee, police said.

Turning the tables on the brutish bandits, 72-year-old Charles (Gus) Augusto opened fire with a 12-gauge shotgun he kept handy for such occasions, cops and witnesses said.

"He's been robbed before, so I'm not totally amazed," said Stefany Blyn, who rents a space above the store from Augusto.

"They ran into some tough stuff today," witness Vernon McKenzie, 48, said of the stickup men, including one whose bloody corpse was splayed on the sidewalk in front of Augusto's store on W. 125th St. near Amsterdam Ave.

The robbers stormed into the business, Kaplan Brothers Blue Flame, just after 3 p.m. demanding cash.

"He did a large cash business," a police source said. "They were probably watching the place and made a move after a sell."

Neighbors said Augusto, who was not charged last night, had sold a stove earlier in the day.

The stickup crew - three 21-year-olds and a 29-year-old - came prepared with a pistol and plastic handcuffs. They tried to tie up two of Augusto's employees - a 35-year-old man and his 47-year-old female co-worker, said Deputy Police Commissioner Paul Browne.

"The male employee started to struggle, and then, as he did that, the perp with the gun struck him once in the head," Browne said.

"... That's when the owner opened fire with the shotgun."

As the bandits bolted from the store, Augusto squeezed off three blasts from the pistol-grip shotgun from 20 to 30 feet away from the pistol-whipped employee.

He was deadly accurate. The four bandits - who were all from Manhattan - were hit.

Two of the robbers were struck in the back. One, identified as James Morgan, dropped dead inside the store among the sparkling gas stoves, a pistol near his body.

The other - Raylin Footmon, a nephew of a cop in the NYPD's 25th Precinct - made it across the street before collapsing on the sidewalk, police and witnesses said. He was later pronounced dead at St. Luke's Hospital.

The furious employee who had been pistol-whipped ran out of the store and leaned over the mortally wounded Footmon, cursing at him, witnesses said.

The worker went back into the store and dragged Morgan's body onto the sidewalk, yelling at him and kicking him, witnesses said.

"He stood over the body cursing him and shaking him, even though he was dead," said Matthew Viane, 38, who lives in the neighborhood. "He was screaming at him and stomping him. "He [the employee] said, 'You were going to kill me? Now you're dead!'"

Viane said he overheard the 35-year-old employee - whom cops took away from the scene in handcuffs, but later released - thanking Augusto.

"Gus, you saved my life. You saved my life," Viane quoted the worker as saying.

A man who worked at Blue Flame a couple of years ago unloading trucks said Augusto was just sticking up for himself.

"He's a respectable businessman. ... He wouldn't hurt a fly. He found a deer by his house and nursed him back to health. He loves animals," said the man, who declined to give his name.

Cops followed a bloody trail to Amsterdam Ave., where they found the third suspect, Bernard Whitherspoon. He was in police custody last night at St. Luke's where he was being treated for his wounds. He was in stable condition.

The remaining robbery suspect, Shamel McCloud, was nabbed at 128th St. and St. Nicholas Terrace after being identified by a witness. He was also in stable condition at St. Luke's last night.

Augusto told cops he bought his shotgun after a robbery nearly 30 years ago. Browne said it was unclear Thursday night if Augusto has a license for the weapon.

"He's being treated as a witness and the victim of an attempted robbery," Browne said of Augusto. "He has not been arrested or charged."

A police source said that if Augusto is hit with a charge, it will be a minor one. "It doesn't look too bad for him," the source said.

[email protected]


With Erica Pearson

Read more: http://www.nydailynews.com/news/ny_crime/2009/08/13/2009-08-13_harlem_biz_owner.html#ixzz0OA8UNnSL
 
Possession of an unregistered shotgun carries a sentence of up to one year in jail in New York City. Whether or not the District Attorney will choose to make an example of this man by sending him to Riker's Island remains to be seen.

Good job Mr. Augusto.
 
Wish we had a pic of the "OS" look on the pistol whippers face when he first noticed the large hole in the end of the shotgun.

Would make a great motivational poster.
 
Update

The owner opened the store this morning. Says he bought the gun after he was robbed 20 years ago. "It was sitting there for 20 years - I didn't know if it was gonna work," Augusto, of upstate Irvington, N.Y., told the Daily News. "I got up and pointed it down there and I fired about three rounds. I wasn't aiming at no one directly."

http://www.nydailynews.com/news/ny_crime/2009/08/14/2009-08-14_harlem_business_owner_charles_gus_augusto_opens_shop_day_after_fatally_shooting_.html

Harlem business owner Charles (Gus) Augusto opens shop day after fatally shooting two robbers

BY Barry Paddock, Alison Gendar and Rich Schapiro
DAILY NEWS WRITERS

Friday, August 14th 2009, 9:42 AM
Keivom/News

Police investigate the scene Thursday outside the Blue Flame, a restaurant-supply business on W. 125th St., where owner Charles (Gus) Augusto (below) shot and killed two would-be robbers.
Keivom/News
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* Harlem's restaurant supply owner shoots two dead after botched robbery

A day after fatally shooting two robbers and wounding two others inside his Harlem shop, Charles (Gus) Augusto opened for business about 7:45 a.m. - ignoring the blood and bullet holes in the front doors.

Augusto, 72, insisted he was no hero. Instead, he wished he could have ended the confrontation without firing his 12-gauge shotgun.

"I told this kid, 'We don't have any money,'" Augusto told the Daily News on Friday, recalling a steely look in one of the bandits' eyes.

"I asked him, 'Why don't you just put your gun down and go home and we'll forget about this thing? Someone's gonna get hurt. There's no money - you're gonna get in trouble. You're wasting your time.'"

The life-and-death clash popped off about 3 p.m. Thursday. Augusto was sitting at a desk inside the Blue Flame, a restaurant-supply business on W. 125th St. near Amsterdam Ave. He didn't even see the suspects come in, but a commotion shook him into action.

"Next thing I look and there's a kid standing there with a gun pointed at \[my secretary\] wanting to know where the cash was," the store owner said. "I didn't know how many guns they had."

The armed robber started pistol-whipping his clerk, so Augusto grabbed the gun he bought two decades ago after getting robbed.

As one of the bandits attacked the clerk, the gunman pointed his weapon back and forth between Augusto and his secretery and demanded money.

"Where's the cash?" the robber asked.

"The look in the kid's eye," the store owner said. " He was ready to do it."

Police are still investigating whether Augusto's gun was properly licensed. The gun owner said the license may have expired.

"It was sitting there for 20 years - I didn't know if it was gonna work," Augusto, of upstate Irvington, N.Y., told the Daily News. "I got up and pointed it down there and I fired about three rounds. I wasn't aiming at no one directly."

Augusto's three shotgun blasts felled all four bandits, ages 21 to 29. Two were killed. Two others staggered outside the store and were nabbed by cops. They were taken to St. Luke's Hospital in stable condition.

"I would have been happy if they'd all run out the door. I'm sick to my stomach over it," he said. "I'm sad I couldn't talk him out of it. I'm sad there's mothers and fathers with no sons today."

Still, Augusto said he had no choice but to open fire.

"I haven't done anything wrong," he said. "I'm sitting here minding my own business and they come in with guns."

"I don't feel like a hero. I would have felt like a hero if I could have talked that kid into going home."

The pistol-whipped clerk, who identified himself as J.B., said he owed his life to Augusto.

"He saved our lives, man - that's all I can say," the 35-year-old clerk said. "I worked for that guy since I was 19. He looked after me tremendously. Gus is a good dude

Read more: http://www.nydailynews.com/news/ny_...ay_after_fatally_shooting_.html#ixzz0OAfgqXON
 
The owner opened the store this morning. Says he bought the gun after he was robbed 20 years ago. "It was sitting there for 20 years - I didn't know if it was gonna work," Augusto, of upstate Irvington, N.Y., told the Daily News. "I got up and pointed it down there and I fired about three rounds. I wasn't aiming at no one directly."
Dang. The guy uses a pistol grip shotgun for the first time in 20 years and manages to hit all four targets. Now that's some good marksmanship!
 
the boomstick

cop_carries_shotgun.jpg
 
That's so NY! Even mentioning the possibility of charging Augusto is disgusting.

A police source said that if Augusto is hit with a charge, it will be a minor one. "It doesn't look too bad for him," the source said.

Augusto told cops he bought his shotgun after a robbery nearly 30 years ago. Browne said it was unclear Thursday night if Augusto has a license for the weapon.

What were the laws 30 years ago and could he be grandfathered in if having a shotgun were not restricted then?
 
But I thought a PG shotgun was only good for opening beer bottles and could in no way be used to accurately take down a bad guy. In fact, the way I read the PGO only thread was that a PG shotgun should be handed directly to the criminals as they will accidentally kill themselves with it.
 
Has anybody come across a video of the news report on this incident?

What kind of pencil neck, slime ball DA would charge this guy? You would have to be non-human in order to sit there in your office and sift through the penal code looking for charges. It's like a wimpy little reporter condemning the Super Bowl MVP for throwing one interception during the Super Bowl. This crap is precisely the thing that gives all lawyers a bad rap.
 
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4v50 Gary said:
I hope the surviving robbers are charged with murder.

Unfortunately, it probably won't happen in NY under their felony murder rule. I found this little tidbit about NY law:

In People v. Wood, 8 N. Y. 2d 48, 1960, a New York court held that the phrase “in furtherance of” imposes a proximate cause requirement beyond that of mere causation in fact. The New York court had ruled that felony murder does not include killings that are incidentally coincident with the underlying felony, but only those committed by one of the criminals in the attempted execution of the unlawful act.

Also, there's the NY Penal Code:

N. Y. Pen. Code Sec. 125. 25

It is second degree murder if a person, acting alone or with others (1) commits or attempts to commit robbery, burglary, kidnapping, arson, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse, or escape in the first or second degree and (2) in the course of and in furtherance of committing the underlying crime or of immediate flight from it, he or another participant in the crime causes the death of a person other than one of the participants. The crime is punishable by imprisonment for 15 years to life and a fine of up to $ 100,000.
 
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Fantastic shootin'.



Of course, this guy needs to get a stapler and use it on his lips. After ya shoot some people, especially in the back, it's time to use the Five Words and call your attorney.


I hope this guy gets a reward of some sort. He doesn't seem the type to go all PTSD. Fantastic story, all around.
 
Nonsense. He was not wearing black BDUs. He did not have any sort of tactical chest rig. His gun did not have any mounted flashlights, lasers, ACOG, single point sling, or really scary looking Muzzle Brake/door breacher on the end of it.

I'm calling BS!

But seriously, just more proof that "Keep it Simple Stupid" gets the job done damn fine
 
Gee, if he'd used a stocked shotgun, he probably would have killed all four (sarcasm alert).
I wonder if he ever fired that PG shotgun before? It really calls BS on a lot of the anti PG shotgun posts in the very contentious PGO thread on the shotgun forum. Just goes to show that equipment is secondary, it really comes down to the will and determination of the user.
 
Nope, he'd never fired it since he bought it two decades ago and was worried whether or not it would still work.

I bet he felt good by the time he was racking the slide for the third time.:D
 
Point Shooting

I would seem from the wording of the report that he didn't "aim" per se, but rather pointed the shotgun.

At 20 to 30 feet, this is not terribly surprising.

Man-sized targets standing still at that range is not skeet or sporting clays.

They also didn't scatter -- they couldn't -- the only exit was through the door. All he had to do to acquire the targets was point at the doorway.

Seventy-two years old.

Seems he's a man who knows when to put self-doubt aside and replace words with action. Clearly he would have preferred to talk them out of it, but knew when it was time to shut up and act.

Kudos to a man with a firm grasp of reality.

He's gonna be just fine.

 
3 unarmed robbers shot, 1 killed, gunman killed. shooter claims he diddnt even 'aim' just fired in the direction of the robbers. previous hostage is allowed to drag dead body of shooter outside and beat on his corpse while screaming obscenities. I think i'd keep my mouth shut and get a lawyer. civil suit train is a rolling.
 
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