The Buffalo News is reporting an armed pizza deliveryman averted a robbery and likely threat to his life by three gunmen yesterday.
Hopefully this will discourage people from trying to pull this type of shenanigans in the future.
I think that is so awesome it is about time these punks got it. They prey on people,,, well sometimes people fight back.
I hope the DA doesn't get involved. Sounds to me it was pretty legit.
Story made my day... always reminds me of the story of Tony's ranch house poor guy.
He shot a 15 year old in the back. I guess it is a good thing he was a civilian. If a cop had done that, he would have been crucified.
For the record, the DA will be involved. What occured was a homicide under law. A grand jury will hear testimony (or maybe it is just police shootings that have to go to a GJ) as to whether a crime was committed or whether there is a justification under law.
For the sake of discussion, and not knowing all the facts, I offer the following points.
Was the person with the gun the one who was shot? Under the law it may not matter with unarmed persons acting in concert, I don't know. But it may.
Was this armed assailant a threat at the time he was shot? A citizen is obligated to retreat from deadly force under law. If this was a "gunfight," there is no option to retreat. But if this 15 year old was running away and was shot in the back, this deliveryman may have some legal issues here.
We may discover the latter to be true but the DA will have no stomach for a criminal prosecution. This being an election year, anything is possibile however.
Any thoughts???
b.b.
Well if one had a gun it's safe to assume all three did. As far as we know the one who was shot could have ran 30 feet turned around and shot the delivery guy. You need to learn to be responsible for your actions and suffer what you have coming to you.
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WNYResident: I agree with you, however BorderBob's (as always) excellent of the analysis brings up some discussion points. Depending on the situation the delivery person may find himself in some hot water. Even if you and I agree the punks deserved what they got, given the facts reported, the law may not see it that way.Originally Posted by WNYresident
Perhaps the thing to do is consider legislation to remove the duty to retreat in the face of deadly force if you are a victim. That would have no bearing on this case, however.
No matter what happens, I'd bet even money the delivery man (and his employer) is going to have a hard time with Celino & Barnes (or another of their ilk).
I thought deadly force could be used in preventing or stopping
arson, rape, armed robbery, or when you feel your life or someone else's life is threatened.
In the heat of a gun fight its hard for an untrained person to focus,, even professionals have a 40% hit rate in a fire fight.
I would have done the same. If not you put your life in the hands of the criminal and let them decide wether you live or die,, I think not.
no one died or even came close to dying
http://www.buffalonews.com/home/story/459580.html
The boys in blue appear to be calling it self defense at this point in the investigation.
A pizza deliveryman fought off three robbers at gunpoint and shot one of them in the back Thursday night, police say.
The deliveryman, who works for Tomatoes Pizza on Kensington Avenue, walked up to the house in the 400 block of Dartmouth Avenue and was confronted by the three would-be robbers, police said. At least one of the bandits had a gun.
The deliveryman, whose name has not been released, works for the same pizza shop where another deliveryman was fatally wounded during a robbery on New Years Eve 16 years ago.
No charges have been filed in the overnight shooting and attempted robbery, as detectives continue to investigate.
Buffalo police say that the deliveryman, who was not injured, has a legal permit for the gun and apparently used it lawfully.
"He has a permit for the gun, and he apparently used it lawfully to defend himself," Buffalo police spokesman Michael J. DeGeorge said at mid-morning.
Police also have not identified the 15-year-old male who was shot once in the back during Thursday night's robbery attempt.
Following the shooting, which occurred at about 9:45 p.m., the three attempted robbers fled to nearby Shirley Avenue, where at least one of them apparently lives. The wounded teen was taken from there to Erie County Medical Center, where police said he's in stable condition.
The other two who tried to rob the deliveryman remain at large.
In the earlier attack, on New Year's Eve 1992, deliveryman Michael J. Sutfin was shot to death in a robbery at the pizzeria. The two men responsible for the fatal shooting are currently serving life sentences in prison.
It doesn't say how the kid was shot in the back.
We don't know if he was retreating.
That being said, it's too bad it has to come down to a pizza guy arming himself against those who do not respect the life of others.
They pulled a gun on him. Given recent history, it is a good bet the guy would have been killed for the few pizza dollars he had. Had he not been armed and fired upon the idiots.
Last edited by LHardy; October 10th, 2008 at 11:48 AM.
No matter what the outcome of this incident is,
in no way will it be a deterrent for future armed robbers' preying on easy targets
If enough pizza deliverymen and other common "quick cash" marks began shooting armed criminals on a regular basis,
then these cowards MIGHT think twice
A pizza deliveryman from Hogan's was murdered in my neighborhood not too long ago. Would have been BEAUTIFUL if the guy shot the waste who were waiting to ambush, rob and murder him.
Don't care how "harsh" this sounds: If the guy shot & killed all three, there'd be no manslaughter or lawsuit worries and although three more bags of waste would have taken their place, the world would be a tiny bit better with three less punks.
They DID ask for their "fate," although only ONE got shot and sadly enough lived through it.
Coincidence is the word we use when we can't see the levers and pulleys.
Emma Bull
Well said.
Obama wants to take our guns away...
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that's because he's afraid he may get shot
Then he should be carefull about stealing our money (rasing taxes).that's because he's afraid he may get shot
Please explain,, is that one of his platforms?
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