Owner shoots customer by mistake ...

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RustyHammer

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Teenager booked in N.O. shooting

Customer was killed at Mid-City laundry
Tuesday December 30, 2003

http://www.nola.com/news/t-p/neworleans/index.ssf?/base/news-1/1072769166274100.xml


By Susan Finch
Staff Writer

A 16-year-old boy was booked Monday with first-degree murder and armed robbery after ballistics tests linked him to a failed robbery at a Mid-City self-service laundry that left one customer dead.

Garry Hayes, 42, was killed Saturday morning by a stray bullet after the owner of the Washateria 7 fired several shots at two masked gunmen attempting to rob the business at 3600 Cleveland Ave. Police believe Hayes was accidentally killed by the laundry's owner, whose identity is being withheld by police.

The owner, 58, has not been arrested, but the New Orleans Police Department will consult with the district attorney's office about possible charges, police spokesman Marlon Defillo said Monday.

Detectives Christopher Martin and Mitch Weatherly are searching for a second male suspect, as well as a third who may have driven a getaway car after the 8 a.m. shooting, police said.

The 16-year-old, whose identity is also being withheld by police, became a suspect after he showed up at Charity Hospital Saturday morning with a gunshot wound to his left arm and a bullet lodged in his left shoulder.

Police had suspected one of the robbers was wounded. They began questioning him about the laundry shootings after he gave conflicting accounts of how and where he'd been shot, Defillo said.

The boy had a small amount of crack cocaine and marijuana, and he was on probation from a previous narcotics conviction, Defillo said. He was also booked with drug possession and probation violation.

He was held at Charity while police got a search warrant allowing them to retrieve the bullet from his body, Defillo said. It was surgically removed Sunday, he said.

Hayes, who had worked as a cook for more than 20 years at Mandina's restaurant on Canal Street, lived about a block from the laundry. He was one of two customers in the laundry when the two gunmen attempted to rob it.

The gunmen partially kicked in the door of a glass-enclosed booth where the owner and a 70-year-old cashier were working. One of the gunmen leaned over the damaged door, held a gun to the cashier's face and demanded money, police said.

Fearing that the gunmen were about to shoot the cashier, the owner grabbed a .38-caliber revolver he kept in the office and fired several shots, police said. Police said they have no evidence that either gunmen fired, but they said anyone who commits a felony that results in the death of someone else can be booked with murder..

Investigators said Hayes may have walked toward the enclosed booth just seconds before the robbers entered the laundry. After he was struck by a bullet, he stumbled out, collapsed on the sidewalk and died.

Orleans Parish Juvenile Court Judge Mark Doherty will hold a hearing this morning to determine if there is probable cause to charge the 16-year-old with first- or second-degree murder, Defillo said.

If Doherty decides probable cause exists, the district attorney's office will decide whether the teen should be tried as an adult, spokeswoman Melanie Roussel said.
 
I was going to ask "Why would you go into a hospital with an gunshot would and take your crack and pot in there with you?"

But then I realized this kid is just an idiot in the first place.

Convict him then give him the gas chamber.
 
Was Mr. Hayes deaf? Seems like if someone was kicking down a door, and then resulting gun fire, would find me behind cover. Devil's advocate here. Not enough facts either way.
 
...THE RULES..

1. Under the law, the would-be robbers under the "Felony Murder Rule" that holds them responsible (for murder) for any death that occurs in connection with their felony.

2. The business owners was negligent, and the death of his customer was not murder. Probably manslaughter 2.

3. He violated basic firearm safety rules and this is a classic 'Friendly Fire' incident as we call it in the military.

4. He should not face murder charges but probably will face a wrongful death lawsuit by the deceased customer's family.
 
Hmmm. The kid should be hung.

The shopowner?

Back in 83-84 when I went through the OPOTC training in Ohio, I was taught that When facing "Sudden Emergencies" an officer can act without regard to his enviroment.

I'm not agreeing or disagreeing with this doctrine, just wondering if it still holds true and if so could it be reasonably applied to a citizen facing a sudden emergency? The shop owner may or may not have been negligent, he was facing a sudden emergency against armed goblins. Tragic that a bystander was shot but was there true negligence involved or was it simply a survival drive kicking in dosed with bad luck?

Comments?
 
Some folks just walk around in Condition White as a matter of practice.

It's a tragedy to be sure, but bad things happen to folks irrespective of desserts or not sometimes. I'd not hold my breath waiting for the civil liability case to hit the courts on this one. I imagine the tilecrawlers were lining up before the smoke cleared.

Regards,
Rabbit.
 
Violation of Safety Rule #4. Owner should be held accountable.

I've not been in a similar situation, but here are my thoughts. In a sudden, violent, life or death situation are you going to be aware of every detail of your surroundings? If a thug is about to shoot you, do you hold your fire because an innocent bystander might be behind him?
Yep, the owner apperently violated rule #4. Probably doesn't have as much training or real world experience as you. Hell, I probably don't either. In that situation, I'm not quite sure rule #4 would be running through my mind.
Is he responsible for his customer's death? Yes, and I'm sure he's going through hell right now because of it. The question is, would it have been better for him not to fire and possibly have his cashier and himself shot and/or killed? Tough call.

Dave
 
The robbers are responsible for the customer's death since their violent actions made it necessary for the owner to defend his life and that of the cashier. There may be a civil action, but the thought of criminal charges is ludicrous.
 
The robbers are responsible for the customer's death since their violent actions made it necessary for the owner to defend his life and that of the cashier.

I whoeheartedly agree and hope the 16 year old "child" gets to experience the good side of justice.

On another note..... The Brady Campaign will probably add one to their list of "childeren" injured or killed by gunfire this year.

:barf:
 
I definitely think the robbers are liable. I may be misguided, but would the owner's actions fall under "good samaritan" laws? ie: if someone stops breathing, and you try to give them CPR, but end up cracking a rib and exacerbating the situation, you're lot liable for the injury. If a LEO accidentally shoots a bystander, they wouldn't be criminally charged would they? If not, I don't see how you could hold the store owner to a higher standard, especially considering that he doesn't have the same training the LEO does (and how many private citizens do?).
 
more good reasons to practice, practice, practice. If you can't hit 2 man sized targets from across the convenience store counter (That's 3 yards max), even in the heat of the moment....
 
If it...

were one of your friends or family members and some crack-head was holding a gun to their head, you're gonna say "Excuse me, could you move over please before I shoot???" :rolleyes:

Probably saved one or two lives....sadly lost another. Worst part is that the perps didn't get killed.
 
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