Alan Colie, the Door Dash delivery driver who shot a YouTube prankster, has now been released with time served from a Loudoun County, Virginia, jail for unlawfully discharging a firearm in an occupied building.
In early April of 2023, Mr. Colie, 31, of Leesburg, VA, was picking up food for a delivery order from a Popeyes Chicken in Dulles Town Center located in Sterling, Virginia, a Washington D.C. suburb. Tanner Cook, 21, and his friends approached Colie, stuck a phone in Mr. Colie’s face, and started harassing the man by playing, “Hey dipshit, quit thinking about my twinkle” repeatedly on the phone. Mr. Cook was filming a video for his “Classified Goons” YouTube Channel. On the YouTube channel, Tanner harassed various people, including pretending to throw up on an Uber driver and “fake” stalking women.
Mr. Colie repeatedly asked Cook to leave him alone but Cook kept closing the distance and blocking Colie’s retreat. The Door Dasher claims he felt threatened and pulled out his legally concealed firearm and shot Tanner in the stomach. Mr. Tanner exited the mall, where police rendered first aid. He was rushed to the hospital, where he made a full recovery. Police found Colie still in the mall’s food court, where he surrendered without incident.
After the arrest, Colie was charged with malicious wounding, use of a firearm in the commission of a felony, and unlawfully discharging a firearm in an occupied building.
Mr. Colie, who was represented by a public defense attorney, pleaded not guilty to all charges. In September, a jury in Loudoun County returned a not guilty verdict for Colie for the malicious wounding charge and the use of a firearm in the commission of a felony but did convict him for the unlawful discharge of a firearm in an occupied building. He was held without bond until his sentencing last Thursday.
The judge sentenced Colie to time served for the unlawful discharge of a firearm in an occupied building, freeing Colie just days before Christmas. Public Defender Adam Pouilliard for Colie had argued to the judge that since the jury found he acted in self-defense, the remaining charge should be dismissed. Judges have the ability to overrule juries if a jury convicts a suspect and they believe that the jury’s decision is incorrect. Although this can happen, it is not the norm.
Loudoun Circuit Court Judge Matthew P. Snow acknowledged that Colie was afraid but didn’t believe his response was proportional. The judge told Colie if you carry a firearm, you must live with the consequences of using that gun, even in self-defense situations.
“Heavy wears the crown, or in this case, holster,” Snow said.
Mr. Colie is now a convicted felon and is barred from owning any firearm. His concealed carry permit has also been revoked.
Mr. Colie is going to appeal the guilty verdict for unlawfully discharging a firearm in an occupied building since he claims the use of a gun in self-defense is not unlawful. There is no timeline for the appeal, but Colie got to spend Christmas at home. Mr. Tanner has no plans to stop filming “pranks” for his YouTube channel.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
Jury nullification is an important tool we conservatives need in our Liberty Quiver.
History repeats itself because people don’t pay attention.
Perhaps one of his next pranks will end up in his demise.
The ruling makes no sense.. I guess we know it wasn’t a “jury of your peers” . It still makes no sense.. what was unlawful if everything else was lawful? smh.
how can you be found innocent of malicious wounding and use of a firearm in the commission of a felony but be found guilty of discharging a firearm in an occupied building? that makes no sense at all.
could you be charged with the same crime by defending yourself in your own home? asinine, but they are in virginia.
OMG, how stupid is the judge and the people of that town. Oh, wait, they aren’t stupid, they are all anti-gunners. If you legally protect yourself then the discharge of the firearm can’t be illegal. The judge believed he was afraid but didn’t think his response was proportional. So the judge has a fear-o-meter in his ass and can determine how afraid someone actually is when being trapped or cornered? For the judge to say when you carry that there can be consequences to using your firearm is correct but to make illegal the reaction to his action is wrong.… Read more »
Ridiculous! Of course this “judge” likely has access to armed protection, courtesy of the taxpayers. That ensures he need not be burdened with concerns of self defense.
This also highlights a growing cancer in our legislative and judicial areas whereby damn near everything is classified as “a felony”, anymore.