Monday, October 24, 2016

Al: Armed Employee's Father with .45 Shoots Robbery Suspect Armed with .22 Pistol

The exact circumstances of this shooting in Anniston, Alabama, are a little uncertain. It happened on 22 October, 2016, just before 8:59 p.m. One source says that Malachi Hicks, the robbery suspect, was running away when he was shot by the employee's parent, who was armed with a model 1911 in .45 ACP. The Anniston Police Chief, Shane Denham had this to say.

Denham said Hicks was apparently lying in wait as employees were closing the restaurant for the evening. Hicks was armed with a .22 caliber pistol, Denham said.

“He forced his way into the back of the business and got that night’s proceeds,” Denham said.

Denham said that as the crime occurred, one employee ran out the front of the business to where his parents were parked to pick him up. Upon hearing of the robbery, the employee’s father grabbed a .45 caliber pistol, confronted Hicks behind the building, then shot him multiple times.

Shooting at someone who is running away is frowned upon in most states. But it always depends on the circumstances and the state you are in.  In Texas, for example, there are special provisions if the crime occurs at night, on your own property, or if a reasonable person would believe it would be necessary to prevent the loss of movable property.  It is important to know the laws for the area where you live. There are some general guidelines that apply across the nation as a whole.

If someone has moved far enough away so that they are no longer a threat, shooting at them is a bad idea.  That bullet has to be accounted for.  In densely populated areas, there is the chance that it will hit an innocent.  There is a real chance of property damage.  But there is one situation where juries and prosecutors usually agree that shooting can be considered reasonable.

That is where the the person doing the shooting has already been threatened with a weapon that is effective at a distance, such as a gun.  The person cannot know if the movement of the person threatening them is really a retreat, or simply a tactical move to cover or a better position to shoot from.  It is not uncommon for criminals to fire back toward possible pursuers, to cover their escape.  They are still a deadly threat.

We do not know how the prosecutor in this case will rule.

Anniston, Alabama is a fairly small town of about 23,000.  It is home to the Anniston Army Depot, which employs 3,400 people directly.  The Army is obviously a major employer in the area.  Small town, with the Army as the major employer.  A great place for military retirees.

I doubt that the man with the .45 will be charged.

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


Anonymous said...

It is a national issue and there should be a national standard. The armed robber your stop may be saving his next victims life. as the economy crashes this is going to be a larger problem. a national standard would prevent anti gun prosecutors from abusing the laws. If law enforcement does not witness the confrontation how can they testify. dead people tell no lies. prove it was not self defense. People run for cover or a better position in the day time just as well as at night. If you wait for them to shoot you, you are just stupid. Self defense is protecting your self or others whether it is life or property. cops have no right to shoot unarmed people for not following or complying with their commands, there could be a language barrier a medical hearing problem or too much noise to understand. If the cops cant catch you, you simply got away. they can search for you later they have no right to kill you just to stop you. If you broke the law it belongs to the courts. we have a right to trial not death by pissed off cop.

Anonymous said...

National standards are simple solutions to complex problems. Their only advantage is that they are easier to understand than complex solutions. Their big disadvantage is that they generate far more exceptions to the rules, sometimes to the point of grave injustice.

Shooting at a fleeing robber is screened at the local level by the police, the district attorney, maybe a grand jury, and maybe a criminal or even a civil jury. And they are equipped to deal with complex problems that a national law could not do as well.