Wing Stop Employee Chases & Shoots Robber ~ VIDEO

Bob Irwin highlights the latest self defense and other shootings of the week. Read them and see what went wrong, what went right and what we can learn from self defense with a gun.

Smoking Gun
Wing Stop Employee Chases & Shoots Robber ~ VIDEO
Bob Irwin
Bob Irwin

USA –-(Ammoland.com)- KTRK ABC TV 13 and Click 2 Houston reported 07-26-2017 in Houston Texas, Houston Police said a masked man entered the Wingstop restaurant in the 3700 block of Scott Street just after 11 p.m. near the University of Houston campus.

The robber ordered everyone to the floor. Several customers actually ran to the bathroom and called 911.

Witnesses told police that the man kept reaching into his waistband as if he had a weapon. He demanded money from the register and an employee handed over $350.

A customer stated that the robber came in wearing a mask and dressed in all black. When the robber fled, the armed employee, chased him and shot the robber. Witnesses said they heard at least 10 gunshots.

Investigators said the two exchanged gunfire.

“The shots were pretty loud and they happened right after we seen them come to the register,” a customer said. “So we’re thinking that was him (the robber) shooting the gun, but it turns out one of the employees had a gun and shot back at him.”

Police found the suspect a few blocks away at a bus stop with a single gunshot wound to his leg. He was taken to a hospital.

“At some point he felt he was in fear of his life. He had a pistol and fired shots at the suspect,” said Lt. Larry Crowson with the Houston Police Department. Not long after, police got a call from someone who saw a person lying down in an open area near Canfield Street. Officers found the wounded suspect.

The suspect is in the hospital and is expected to survive his injuries. Police say it will be up to a grand jury to determine if the employee was justified in shooting the suspect.

According to the Houston Police Department, from January to May, there were 174 robberies last year compared to 249 this year.

Comment:

Texas law provides for using necessary force to recover stolen property or apprehend a fleeing criminal. If you don’t live in Texas, don’t try this at home.

In most jurisdictions chasing bad guys is an invitation to the lawsuit lawyers. The other possible down side is what if he stops, continues the gun fight and you lose?

Once you are safe, stay safe!

Bob Irwin, Las Vegas

About Bob Irwin

Bob is retired after 30 years of ownership of The Gun Store & Indoor Range in Las Vegas. He continues his 2A issues show “Fired Up with Bob Irwin” on YouTube and on KSHP 1400 AM radio (Sunday mornings at 9 a.m.) As a firearm instructor of Concealed Firearm Applicants, Armed Security Officer and Law Enforcement Academies over his career, Bob appears frequently as an expert witness for firearm & use of force cases in Federal, State and local courts.

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Greg Tag

Let me clear things up a bit: Texas Penal Code 9.42 specifically says deadly force maybe employed to recover property taken during a robbery, burglary or “theft during the night time”. In Texas, ALL uses of deadly force are presented to the Grand Jury. The question is – is the Grand Jury referral “with” charges, or is the referral “without” charges? Based on the article, it appears that the Grand Jury referral was “without charges” , as the police make no mention of charging the shooter/robbery victim. As for lawsuits-not in Texas. Texas Civil Practices and Temedies Code Section 83.001… Read more »

james

SCOTUS ruled long ago that the police can not say “STOP OR I”LL SHOOT” a suspect that is on the run.
If they are a threat then that will allow police to use force.

JR Bailey

Bob Irwin,

Since Texas has the law as you stated, but you can pursue a fleeing felon to recover proceeds or property, why is this employee facing a grand jury in the first place?

The citation you gave by the lieutenant of the Houston PD, would seem to indicate that the PD believes the employee was in reality, fearing for his life when the firefight began, and then simply availed himself of Texas law after that point.

So, what gives?

Wild Bill

Bailey, When the county prosecutor does not want to bring charges, they will often CYA by sending the case to the grand jury.

truckeral

The bad news is the SOB lived to rob another day.

Mark Are

If cops can shoot a fleeing felon and it’s “ok” then so should a citizen be able to do so. What makes them more immune then the average citizen?

Old 1811

The police have a duty to pursue and apprehend criminals, and you don’t. Because of that duty, they also have qualified immunity that may indemnify them if their performance of that duty has a bad outcome, e.g., a pursuit results in injury or death. You don’t have that, either.
What you do have is the right to defend yourself against an imminent threat. Once your assailant starts fleeing, he is no longer an imminent threat. Since you have no duty to pursue or apprehend, and no qualified immunity, you usually can’t legally shoot a fleeing felon.

Wild Bill

@Old 1811 The Qualified Immunity doctrine only protects police and other bureaucrats from civil actions. The doctrine is that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. I believe the name of a leading case on QI is Harlow v Fitzgerald. I am sure that someone out there will know for sure, off the top of their head. When it comes to shooting people, everyone is subject to the same law of self defense… Read more »

Old 1811

The questioner asked why he can’t shoot fleeing felons and the police can. I just wanted a one-size-fits-all explanation, which is: The police have a duty to pursue and apprehend, and non-police don’t. I didn’t want to get into a pedantic discussion of Garner v. Tennessee and Graham v. Connor, etc. I just wanted to keep it simple.

Wild Bill

Old 1811, That’s cool, brother. There are more important issues that demand our attention.

Hank

Amen!

Wild Bill

, Cops are not allowed to shoot a fleeing felon. Cops can only use deadly force if they feel threatened by deadly force, just like the rest of us. When a person attempting or even just displaying deadly force turns his back or even runs, that does not mean that he is no longer a threat. Because a person does not comply with the lawful orders of police to stop, and drop the weapon and because the threat can maneuver and reengage is why the cops and you can shoot to stop the continued threat.

M Reyna

I’m waiting for local newspaper to run a what a good boy he is and was turning his life around. He just needed milk money for his kids.

durabo

Expect the VCA’s favorite ambulance chaser to file an “attempted murder” lawsuit in civil court. Remember: the USA is the most litigious country in tie world.