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Convenience store death in holdup ruled justifiable
http://www.al.com/news/birminghamnews/index.ssf?/base/news/106975534229430.xml

11/25/03

CAROL ROBINSON
News staff writer

The owner of a North Birmingham convenience store said one of her employees had no choice but to shoot and kill a gun-wielding robber who burst into the shop over the weekend.

"I hate that it happened," said Tina Brown, owner of Spot-1-Stop. "But basically, it was either him get shot or one of them."

Demarcus Daniels, 18, was killed about 11 p.m. Saturday in what authorities said was a holdup attempt at the 26th Street North store.

The Jefferson County district attorney's office on Monday ruled the shooting justifiable.

"There was a videotape that clearly shows him robbing the place with a gun in his hand," said Chief Deputy District Attorney Roger Brown.

Police questioned the store employee who fired the shot, but did not take him into custody. His name was not released.

Daniels' mother, Glenda Daniels, said her son was not violent and never carried a gun.

"If he did," she said Monday, "it's shocking to me."

Tina Brown said Daniels came into the store Saturday night pointing a gun at the female cashier.

"He was yelling and cussing her and telling her to give him the money," Tina Brown said. "He said it was no joke, that he was fixing to blow her (expletive) head off."

Another employee stocking the store shelves heard the commotion and came to help. He grabbed a gun that Tina Brown kept in the store and fired a shot at Daniels, striking him in the chest or stomach area.

Daniels fell to the floor, got back up and ran out of the store, Tina Brown said.

He dropped a gun just outside the door and then collapsed at the far end of the parking lot. He was pronounced dead on the scene.

The entire incident was caught on a security surveillance camera.

"It's all on tape," Tina Brown said. "It was self-defense, plain and simple."

Tina Brown said if Saturday's holdup attempt had been successful, it would have been the fifth robbery at the store in the past year. There have also been six burglaries during that time.

That's why she bought the gun, she said.

"Enough's enough," she said.

Tina Brown said there have been threats of retaliation since the shooting, and someone slit the tires on the truck of another one of her employees. She said she won't let the trouble ruin business.

"People say it's a bad neighborhood but it's not. We have some of the best customers," she said. "One person doesn't make a bad community.

"So far, the people in the community understand it couldn't be avoided."

Glenda Daniels said she doesn't believe her son had a gun or that he tried to rob the store. She said he attended church regularly, had worked toward his high school equivalency diploma and was planning to find work.

"He didn't have a gun," she said. "I promise you, that boy was scared of guns. If you'd shoot up in the air, he'd run."
 

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Discussion Starter · #2 ·
That is one deluded mother. :hrm:
 

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Chlorine for the gene pool; I really hate that her poor boy got shot while robbing a store and ran off and died. It would have been better if he had just crumpled up and expired at the sound of the shot. I hate thieves.
 

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I saw this story yesterday. The thing that got me is what is included in every such story: "He was a great guy...He was just about to pull his life together...He wouldn't hurt a soul...He changed my tire for me one time....".

But what encourages me is that, so far, there has not been an outcry of support for this criminal, as I have seen in so many other situations like this. I suppose it might be a different story if it had happened in some other state, like Maryland, NY, MA, CA.

...And thank goodness for the cameras that caught it all!
 

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Well, he got what he deserved! Next time someone else may think twice before trying to rob another store.
 

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Aleko said:
Well, he got what he deserved! Next time someone else may think twice before trying to rob another store.
...Providing they are in a state the allows CC.
 

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Forstr said:
...Providing they are in a state the allows CC.
I am not aware of any state that prohibits a convenience store from keeping firearms on hand (not saying definitively that there aren't any).
 

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Well, I'm not sure either, but DC comes to mind. You can't even own a handgun there, can you?

Point being, the easier it is for someone (a non- criminal) to arm themselves, the safer they are.
 

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Chicago also has a total handgun ban in effect. They require registration of handguns and no longer allow registration or accept applications to register? Is that how it works?
 

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Forstr said:
I saw this story yesterday. The thing that got me is what is included in every such story: "He was a great guy...He was just about to pull his life together...He wouldn't hurt a soul...He changed my tire for me one time....".

He wasn't such a "great guy" when he was robbing the convenience store. It really doesn't matter if he was a great guy in any other aspect of his life. There is almost always someone who thinks that a particular criminal is a great guy, particularly his mother, who, it might be argued, lacks objectivity. Once this guy attempted an armed robbery, he exchanged his right to be treated as a "great guy" for that of being treated as an armed and dangerous criminal.
 

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Chicago also has a total handgun ban in effect. They require registration of handguns and no longer allow registration or accept applications to register? Is that how it works?
Yes, they have not accepted any other than police, state licensed armed security, and Chicago Aldermen ( the last one MAY have changed recently, the police do not like to talk about that ) since IIRC 1985 . No new ones, and if you forget to renew on time too bad, so sad.

Was a bit of a stink when a police officer in the registration office forged a registration for her nephew. The nephew claimed his father, also a police officer, had died and left it for him. He got caught with the gun and might have gotten away with it but somebody noticed the the gun was a Glock which was not imported into the US until a year after the registration ban had taken effect. :hrm:

I also believe that it is very difficult to impossible for a small shop owner to get a gun permit in NYC I am not certain on that though and it is not a state.

NukemJim
 

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James said:
I am not aware of any state that prohibits a convenience store from keeping firearms on hand (not saying definitively that there aren't any).
And from the sound of the article it was Tina, the store manager who put the handgun there for her employees to use. Way to go; don't think she'll be having any more problems at that store!!
 

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To clarify, I did say "firearms" and "state" when referring to the prohibition on having them in a business. You guys do bring up some very valid counterpoints though. It is true that you cannot possess handguns not registered before a certain date in DC (76) and Chicago (82).

You can however possess a loaded rifle or shotgun in your BUSINESS in DC (note that you cannot however legally keep a loaded long gun in your home)

Source NRA-ILA
Carrying a handgun in the District is prohibited. All firearms are to be kept at one`s home or place of business.

All firearms must be unloaded and disassembled or locked with a trigger lock except when kept at a registrant`s place of business or while being used for lawful "recreational" purposes. A D.C. license to carry a pistol is needed for one`s home or business and the pistol must also have been registered prior to September 24, 1976.

Self-defense in one`s home with a firearm is therefore legally precluded.
You can also possess a loaded long gun in your home or business in Chicago so long as it is registered with the Chicago PD. You simply need a valid FOID in the rest of the state.

You can also keep a loaded long gun in your home and business in NYC. Handguns require a permit (and yes, they are hard to get).

I know this is all drifting off of the original topic but my point was that no criminal should assume that they are safe from firearms while committing robberies almost anywhere in the country...CCW or not. While I agree completely with the logic behind Forstr's comments, I did notice that he specified CCW when the weapon used in this incident was stowed in the store...not carried as per CCW.
 
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