Man Shot During Robbery. "Lincoln"

[H2O_King89]

http://www.1011now.com/home/headlines/Man-Shot-During-Robbery-267824451.html?device=phone

*****From 10/11 news*****

Police are investigating a robbery where the suspect was transported to the hospital with gunshot wounds

Just after 2:00 a.m. Sunday, Lincoln Police responded to 13th and High Streets after a reported disturbance. As responding officers came into the area, at 13th and Otoe, they found one man with a gunshot wounds. Police later learned it was related to a robbery.

Captain Don Scheinost said an investigation at the original location revealed that the suspect had asked for a ride and then attempted to get into the driver's seat. The owner of the car sped off rather than give the suspect a ride.


According to Scheinost, a few minutes and a couple of blocks later, the victim had been visiting a friend near 13th and Otoe. When he got to his car, the suspect punched him saying he was going to take the victim's car. The victim ran off then called the man he had been visiting, sharing what was going on outside.

Scheinost said the man the victim was visiting, came outside with a gun and fired it in an attempt to scare off the suspect. Instead, the suspect began coming toward the house. That is when the homeowner shot the suspect several times.

Police arrived moments after the injured suspect returned to the victim's car.

According to Scheinost, the suspect, whose name is not being released, was transported to the hospital with non life-threatening injuries.

The suspect will be arrested for robbery and possibly more charges, once he is released medically.

Police will be working with the Prosecutor to determine what if any charges the homeowner will face.

Police are continuing their investigation.

[NE Bull]

A little grey area with the homeowner coming out with the gun, and in response to someone's aid. Could be said he was then the aggressor. (Don't get me wrong- had it been my friend, I'd might have done the same)  Of course once the punk come for him it was Self Defense. 
Will be watching how this plays out.
 

[NE Bull]

I'm pretty impressed on the comments on the FB page. 

[DenmanShooter]

Non-life threatening injuries?  He was shot.  Multiple times.  I don't care who you are, that's life threatening injuries. I imagine they meant not immediately life threatening. 

Also, the homeowner better not be charged, if things went down the way they say. 

I am not a lawyer (obviously!!) , but I believe there is precedent for warning shots and it has been ruled it is OK. 

[OnTheFly]

I am not a lawyer (obviously!!) , but I believe there is precedent for warning shots and it has been ruled it is OK.

Meh...I'm not a fan of "warning shots".  As they say, you are responsible for every bullet.  Joey Biden would have been proud though.  As with any of these stories, we likely can't trust that all the facts have been provided, and what "facts" are provided are often skewed if not flat out wrong.   One of our members, Dan Myers, was recently in a news story for setting a Nebraska record in skydiving.  In the story they said he had 8,000 jumps.  He has a LOT of jumps, but he doesn't have anywhere near that many.  Amazing how they get SO much wrong.

Of course once the punk come for him it was Self Defense. 
Will be watching how this plays out.

Maybe, maybe not.  Use of deadly force has those stipulations that have been discussed many times here.  In the end, the investigators and prosecutors will have to make a judgment on whether a reasonable person would have been in fear of theirs or their friend's life.  Facts like did the perp have the ability, opportunity, etc. will drive their decision.  I hope for us (gun owners) and the homeowner, that they decide the actions were justified.

In the end, only a few people will really know what happened, and hopefully that will include the investigators.

Fly

[HuskerXDM]

I am not a lawyer (obviously!!) , but I believe there is precedent for warning shots and it has been ruled it is OK. 

Do you happen to have a source for that?  I've always told people that warning shots aren't a good idea, legally.  If I'm wrong, then I'd like to know where it comes from.

[Dan W]

A recent bill in Florida

http://abcnewsradioonline.com/politics-news/florida-governor-signs-warning-shot-bill.html

[barmandr]

That homeowner is going to be in a world of trouble.  Both criminally and in civil court.  He only had to close the door and call the police from the get go.  By introducing a firearm, he was the one who escalated the incident.  Once the victim went into the house, the suspect was not a threat and his assault had already been stopped.  As he was apparently unarmed, the homeowner was not justified.

[Gunscribe]

Once the victim went into the house, the suspect was not a threat and his assault had already been stopped.

Where do you get he went in the house from;

The victim ran off then called the man he had been visiting, sharing what was going on outside.

[landon410]

I've always been under the impression that warning shots constitute assault with a deadly weapon.

You never give warning shots, you just "miss"

I'm pretty sure a lady in florida got jail time for warning shots last year as well

[barmandr]

Where do you get he went in the house from;

Whatever...he still left the scene and was apparently not being assaulted any longer.

[ILoveCats]

From Lincoln Journal Star, below.  it's all speculation and various degrees of media (mis)interpretation at this point, but the part I put in bold font sounds like it certainly could have been a very short time frame.  It could have been that the Good Guy heard a commotion, looked outside and saw punches being thrown by Bad Guy, grabbed his 10/22 and sprinted outside in a matter of fifteen seconds or less.  The 16-y.o. Victim "leaving the area" could mean anything, such as 16-y.o. Victim had just got out of the car three seconds beforehand, and was running across the yard or driveway when Good Guy popped out of the house, guns a-blazin. 

It may be a while before this is all known and public record via court documents, etc.  Yes, this is going to be an interesting one to watch, especially the whole "warning shot" issue and how the criminal justice system responds (if at all) to Good Guy's statements that he fired said warning shot.

According to Lincoln police, the suspect approached a 16-year-old sitting in a car near 13th and Otoe streets around 2 a.m. and demanded his keys.

When the 16-year-old said no, Police Capt. Michon Morrow said the suspect punched him in the face and forced himself inside the car.

The 16-year-old left the area, but a friend of the 16-year-old inside the house heard the commotion outside, grabbed a gun, and fired a warning shot, demanding that the suspect leave, police said.

The suspect got out of the car and approached the house. The friend then shot the suspect multiple times.

[Lorimor]

What's that they say?  Nothing good happens after 10 PM?

Should 16 year olds be out on the streets at 2am? 

No doubt the advance of the assaulter on him made the 2nd 16 y/o fear for bodily injury but perhaps it may have been better to go back inside the house? 

I know I shouldn't MMQB this as I wasn't there and certainly don't have all the facts. 

[ILoveCats]

Journal Star as of ~18 minutes ago....

The man who got shot seven times trying to take a car over the weekend remained in critical condition Monday, Lincoln police said.

Police said the man got shot in the legs and torso early Sunday morning while trying to take a 16-year-old’s car, Officer Katie Flood said.

Investigators will meet with prosecutors from the Lancaster County Attorney’s Office to decide whom to charge and with what, Flood said.

Edit: and as of a couple minutes on the 10/11 evening news, the first kid "left the area" then "called his friend" so it is indeed looking like there was no imminent threat to the initial victim.

[Gary]

A recent bill in Florida

http://abcnewsradioonline.com/politics-news/florida-governor-signs-warning-shot-bill.html

Reading the story, what if you shot a warning shot from your pop tart?

As the vice president went on national TV and told people to fire warning shots, it would seem that item of wisdom should be one or the other, retracted, or adopted.

[DenmanShooter]

As the vice president went on national TV and told people to fire warning shots, it would seem that item of wisdom should be one or the other, retracted, or adopted.

I think it would be a defense in any situation.  Whether a good defense or not is arguable. 

[Gary]

I think it would be a defense in any situation.  Whether a good defense or not is arguable. 

What comes up, must come down.  It is the down part that is of interest to casual observers and innocent small children. 

I did some experiments with blanks, wondering if they would operate the action of handguns.  Fail.  Not enough chamber pressure.

[sidearm1]

Interesting statement of law in a recent court of appeals ruling:

(a) Defense of Another
Neb. Rev. Stat. § 28-1410(1) (Reissue 2008) authorizes an individual to use force against a person to protect a third person in instances where:
(a) The actor would be justified under section 28-1409 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;
(b) Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
(c) The actor believes that his intervention is necessary for the protection of such other person.

[Kendahl]

According to WOWT's web site, the guy tried to force his way into the kid's car. The kid was able to drive off leaving him behind. The kid proceeded to his friend's house two blocks away. When the kid left the friend's house, he found that the would-be carjacker had followed him. This time, the carjacker punched him out. The friend retrieved a gun from the house and fired a warning shot to scare off the carjacker. Instead of running, the carjacker advanced on the friend who then shot him several times.

Clearly, the kid was the victim of assault and attempted strong arm robbery. Whether the friend is charged will depend on whether the prosecutor thinks shooting the carjacker was disproportionate to the threat.

Given the carjacker's behavior, I suspect he was high on something. A criminal in his right mind would not approach someone who has already fired a shot. There have been two similar incidents in Omaha recently. One guy was definitely high and paranoid when he invaded a home and assaulted the homeowner. He was lucky. Douglas County sheriff's deputies arrested him. In the other incident, the homeowner shot the invader to death.

[barmandr]

Clearly, the kid was the victim of assault and attempted strong arm robbery. Whether the friend is charged will depend on whether the prosecutor thinks shooting the carjacker was disproportionate to the threat.

And in neither case is deadly force justified.