LA: Open Carrier Defends Clerk, Himself

Image from wdsu.com

In a decent neighborhood in Mandeville, Louisiana, an open carrier was forced to defend himself after being attacked by an aggressive customer at a gas station.  The police reviewed the store video, and concluded that the shooting was a case of justifiable self defense.  From nola.com:

The man warned he would shoot if Breland did not stop, and he retreated into a corner of the store while still under attack. He then fired one round, striking Breland, and fired twice more when Breland kept coming at him, Ruple said.

Police Chief Rick Richard said the customer was lawfully carrying the firearm on his side in plain view. "Louisiana is an open-carry state. The guy was straight-up legal," the chief said.

The open carrier is a firearms instructor.  he was openly carrying his .40 caliber pistol in a holster.  He felt compelled to assist the store clerk in de-escalating the situation, but the aggressor would not stop.  Instead, he kept on increasing the level of attacks. From theadvocate.com:

The shooter, meanwhile, tried to assist by urging Breland to leave the store. A firearms instructor, he was wearing his gun in a holster on his hip, Ruple said.

Breland walked out again but then returned and threw what appeared to be potato chips at the clerk. The shooter followed Breland outside to get the license plate from Breland’s white minivan. Breland got out of the minivan and physically attacked the shooter, Ruple said.

With nowhere left to retreat, and faced with an attacker who was aggressively attempting to disarm him and obtain his firearm, the open carrier used his .40 caliber pistol.  From wdsu.com:

Investigators said surveillance video inside the store shows Breland trying to grab hold of the customer's firearm. The customer ordered Breland back once more and told him he would shoot if he did not stop.

The customer retreated into a corner of the store while he was being attacked. Officials said with nowhere left to retreat, he shot Breland once. Breland did not stop attacking the customer, who fired another two rounds until Breland fell to the ground, the Police Department said.

I have not been able to find the video anywhere on the Internet.  The descriptions are consistent.  As one police officer commented, he could not understand why the customer insisted on attacking an obviously armed man.  He attacked when the gun was in the holster.  He attacked when the gun was drawn.  He paused after he had been shot once, then he continued to attack and was shot twice more in the chest.  I do not know if there have been any toxicology tests done on the man, Breland, who was shot.

Clearly, this attacker did not "shoot the open carrier first".  However, he was not deterred by the presence of the firearm, either.  It is hard to see how the events would have occurred differently if the instructor's pistol was concealed until he drew it.

 ©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch