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The Prescott Daily Courier | Prescott, Arizona

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5/1/2013 2:59:00 PM
Police seek jewelry store bandit
Courtesy Prescott Police Department
Prescott police seek help finding this suspect who pepper-sprayed the owner of a jewelry store and stole a $1,250 piece of jewelry at around 5 p.m. Monday, in the 300 block of N. Montezuma Street.
Courtesy Prescott Police Department
Prescott police seek help finding this suspect who pepper-sprayed the owner of a jewelry store and stole a $1,250 piece of jewelry at around 5 p.m. Monday, in the 300 block of N. Montezuma Street.

Prescott Police seek help finding a suspect who pepper-sprayed the owner of a jewelry store, stole a $1,250 piece of jewelry, ran away and was seen getting into a red two door coupe around 5 p.m. Monday, April 29 in the 300 block of Montezuma Street.

The man who owns the business was working in the back of store, ran after the suspect with a handgun, and ordered the suspect to stop, but the suspect ran toward the area between the shopping center and Granite Creek Park, Prescott Police Lt. Ken Morley said.

"The store owner fired three shots toward the suspect as the suspect entered the driver's side of a red two-door coupe," Morley said. "The suspect drove off in the direction of 6th Street. The store owner told police he didn't think he hit the suspect or vehicle."

The suspect was described as a Caucasian man about 25 years old, around 6 foot tall with a slender build wearing a dark colored baseball cap, sunglasses, a blue or black short sleeve T-shirt with a white design on it, and blue jeans.

The store owner may face felony or misdemeanor charges for firing his gun at the suspect, Morley said.

"We are taking it to the county attorney for review," Morley said. "There's a possibility of an endangerment charge in there, because he doesn't know where the rounds went. There's other people around, it's basically a populated area, and he's firing his gun. There's a possible Class 6 felony for disorderly conduct in discharging a weapon."

The store owner also could face a misdemeanor charge of discharging a weapon within city limits, a violation of city code that would go to the city attorney for review, Morley said.

"Right now, he hasn't been charged with anything," Morley said. "Part of that is that there's no victim, because the victim of the discharging of the weapon is the robber. I don't believe he's going to come forward and say, 'I'm the victim.'"

Anyone with information about the crime or the suspect is encouraged to call Detective Patrick Mora at 928-777-1920 or Yavapai Silent Witness at 1-800-932-3232.




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Reader Comments

Posted: Saturday, May 04, 2013
Article comment by: Tom Neely

We have legal guns to protect our-self and property and a store owner who pays taxes to this city is facing charges..............but you'll give plea bargain to somebody that kills another person..............here's your sign

Posted: Friday, May 03, 2013
Article comment by: Alan Whitney

@Tom Von Deck....

Ah. Brevity IS the soul of wit.


Posted: Friday, May 03, 2013
Article comment by: Tom Von Deck

@Alan Whitney: No.

Posted: Thursday, May 02, 2013
Article comment by: Alan Whitney

Tom Von Deck wrote:

"@Alan Whitney: Are both of those felonies grounds for murder while the shoplifter is fleeing?"

Tom, you seem to be trying to pick a fight with me.

Your continued use of the terms "Shoplifter" and "Murder," make me suspicious of your motivation. Are you on the side of the merchant, or the predator?

I have not speculated on the propriety of the store owner's use of deadly force. There weren't enough details provided in the newspaper report to form an opinion.

It has been many years since I reviewed the statutes on the subject of deadly force.

Generally speaking, I would use it only to save my life, or the life of a family member.

Now, regarding your other question: Morally, I think the store owner would have been perfectly justified to shoot and kill the cretinous b****** in his tracks.

There now. Happy?




Posted: Thursday, May 02, 2013
Article comment by: Ralph Kyner

I think the store owner should be charged. The owner stated that he shot atthe suspect as he was getting into a vehicle. The threat was leaving. The point of self defense is exactly that. Not to defend the $1200 being stolen from his store. The store owner may have insurance. He certainly has video equipment showing what happened and possibly identifying the suspect. Now, if prosecuted he'll be a felon. His gun rights taken away, and there will be no way to repeat this as he will be a prohibited possessor

Posted: Thursday, May 02, 2013
Article comment by: two things to point out!! !!

1. You have insurance to assist in the recovery of lost funds. That is why you purchase it.

2. The gun did nothing but endanger others. It was not effective in stopping the robbery. It was not effective in stopping the fleeing robber.

3. It was effective in getting the store owner charged.


Posted: Thursday, May 02, 2013
Article comment by: Tom Von Deck

@Alan Whitney: Are both of those felonies grounds for murder while the shoplifter is fleeing? Would you gun him down in the streets just to get your necklace back?

Posted: Thursday, May 02, 2013
Article comment by: Carnivorous Buttock Fly

City of Prescott does not have any such code/ordinance regarding discharging a weapon within city limits.
If the YCAO decides against pressing those charges then the COP could file misdemeanor charges against the store owner if they wanted.

There does not have to be a victim in order to press charges. It is a violation of state law (ARS13-3107*)

YCAO should, in my opinion, press felony charges against this store owner for the unlawful discharge of his firearm.

Lastly, this article, since the update from its initial posting, is now a complete mess. Many of the comments posted on here clearly illustrate a lack of understanding as to what occurred. Reporting should make the circumstances of an incident clear to the reader. In the case of this article, it does not.

*http://www.azleg.state.az.us/ars/13/03107.htm


Posted: Thursday, May 02, 2013
Article comment by: Thank-You Garland

for explaining to this babbling liberal the effects of pepper spray. You are correct that i didn't know it impairs one's judgement, as you implied. But thanks for clearing that up because now I feel much better knowing that the store owner only shot in a busy strip mall because his judgement was momentarily impaired.



Posted: Thursday, May 02, 2013
Article comment by: A Republican from SoCal.

You've got to love this city! Now THIS was one of the reasons why we chose to get away from the growing masses of bleeding heart libs west of the AZ border.

Prescott is truly the wild west with a gun in every vehicle, business, pocket and purse! Compared to where we came from, it's refreshing to be able to actually PROTECT yourself from a criminal.

WE LOVE PRESCOTT!


Posted: Thursday, May 02, 2013
Article comment by: R J

You will find him at the swap meet.

Posted: Thursday, May 02, 2013
Article comment by: Alan Whitney

Tom Von Deck wrote:

"...The guy was a shoplifter with no gun, only pepper spray..."

Sorry, tom, you could not be more wrong.

The crime was armed robbery.

Even if he had committed a "Smash and grab" without the pepper spray, the crime would be burglary.

Both are felonies.


Posted: Thursday, May 02, 2013
Article comment by: Tom Von Deck

@Gary Dean: If he entered my house and stole something worth that much money, I could legally shoot him. This case is a store that anyone can walk into. The guy was a shoplifter with no gun, only pepper spray. Murder is not an appropriate penalty.

Posted: Thursday, May 02, 2013
Article comment by: Get Real

Maybe the solution would be for shop owners to have a guard dog on duty. Most cowards will think twice before the presence of a canine. Make it a pit bull or larger.

Posted: Thursday, May 02, 2013
Article comment by: The Rev

I respect self-defence as a RIGHT.

Seeing this store owner as anything but a fool lends credibility upon those seeking revocation of private firearm ownership. In defending him the "the gun grabbers" are given what they need to advance their cause. You are making them appear reasonable.


Posted: Thursday, May 02, 2013
Article comment by: truth be told

some of you are right, maybe if the police precense was there this wouldn't have happened. to bad the police are to busy getting shit faced downtown and beating civilians, not to mention then taking part in a coverup conspiracy to actually do their job

Posted: Thursday, May 02, 2013
Article comment by: @ Concerned Citizen

You DON'T shoot at someone running away who is no longer a threat! Got that? You can threaten to shoot them but you DO NOT shoot at someone who is running away...

Posted: Thursday, May 02, 2013
Article comment by: dog on

Garland your hatred for all things liberal has interfered with your reading comprehension. The shooter was not the one pepper sprayed. And if he broke the law by randomly shooting in public he should be held accountable. At the very least have him take a course on proper use of a firearm.

Posted: Thursday, May 02, 2013
Article comment by: Know the story?? ??

First of all the owners wife was the one that was pepper sprayed, not the owner that fired the gun! He could see perfectly fine because he was not the one pepper sprayed. I do not agree with the fact that the owner fired a fire arm sooooo close to a park were there are innocent people and children walking or playing in the park. And to also clarify the gun was not fired towards the BUSY albertsons parking lot!! Please before you voice something know the story and how and in wich direction everything went! And please note I disagree with the owners choice to fire a gun at no certain destination!

Posted: Thursday, May 02, 2013
Article comment by: Put Me On the Jury

... the store owner is found not guilty. At least a mistrial.

Posted: Thursday, May 02, 2013
Article comment by: Alan Whitney

Great.

A man commits armed robbery, and everyone is more concerned with the store owners actions than the criminal's.

We don't know what was behind the suspect, so we can't judge the danger to the public, if any.

By the way, in reading the report, I can't figure out if the suspect fled on foot or in a car.



Posted: Thursday, May 02, 2013
Article comment by: Byte Me

How many times has the owner been robbed before? He had probably just had enough. Maybe it's time to clean out the park and become proactive rather than reactive. It will be interesting to find out what the scumbag's background is when, and if, he gets caught. I feel sorry for the owner, he is in for a rough time now becomes some jerk decided his (the owner's) stuff should be his, and we all owe him. Luckily the picture is a good one and the guy should be easy to find.

Posted: Thursday, May 02, 2013
Article comment by: Gary Dean

I agree that firing a weapon blindly is a stupid thing to do. But What most of you are implying is the store owner should just say "oh what the Hell, it is only $1200 dollars of merchandise". So how about I come to your home/place of business, and rob YOU of $1200. THEN what would YOU say?

Posted: Thursday, May 02, 2013
Article comment by: Eric Arizona

At worst the Store Owner should be required to take 25 hours of Target Shooting so next time he won't miss!



Posted: Thursday, May 02, 2013
Article comment by: Ban all Guns

Imagine the outcry if an innocent bystander was hit?
This is a perfect example of why the average person should not be carrying a weapon. They lack the proper judgement of when to use it.
Enough said, ban guns.



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