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View Full Version : A citizen with a concealed carry permit comes to the aid of store security personal.



AIRret
03-27-2014, 03:49 PM
This occurred in Southeast MI.

A customer with a handgun stopped a shoplifting suspect from slashing a security officer with a contaminated needle and syringe outside a Home Depot store in Roseville, police said.
Joshua J. Silva, 26, was arrested a short time after the incident Monday night at the Home Depot at 13 Mile and Little Mack.
Silva was ordered held in the Macomb County Jail on $25,000 bond after being arraigned today on second-degree retail fraud, a one-year misdemeanor, and assault with intent to do great bodily harm, a 10-year felony. A preliminary exam is set for April 2 in 39th District Court in Roseville.
Roseville Police Chief James Berlin said that Silva claimed he is addicted to heroin, but it is not believed he was on the drug at the time of the assault.
Berlin said Silva began to fight with store loss prevention officers in the parking lot when they tried to apprehend him for stuffing a $179 battery-powered drill under his coat. Silva pulled a concealed syringe from his jacket and used it as a weapon, swinging it around in a slashing motion, police said.
They said he stabbed one of the officers several times with the contaminated needle. Berlin said the victim had more than five puncture wounds on the top of his hand.
A customer with a concealed pistol license saw the fight, pulled out his handgun and told Silva to drop the syringe and get on the ground. Silva stopped fighting and sat down in the parking lot, police said, but jumped up and ran when he heard approaching police sirens. The loss prevention officers allowed him to run and police officers arrested him without further incident.
The citizen told police he got involved because the suspect was so violent and appeared to “be getting the best of” the loss prevention officers. He said he feared if he didn’t get involved, the suspect was going to kill one of the store officers, police said.
The wounded loss prevention officer was treated at a local hospital. Neither he nor the good Samaritan was interested in a media interview, Berlin said.
He said the syringe had some residue in it. It is to be tested later today by the Michigan State Police crime lab for any signs of communicable disease.
Police also will be seeking a search warrant to have Silva tested for any infectious disease that could have been transmitted to the loss prevention officer.
Berlin said Silva had a prior retail fraud conviction and drug arrests. He said it happens that people try to use syringes as weapons, but it is not a common occurrence.
Berlin said the good Samaritan, who told police he wished to remain anonymous, will be put in for a citizen’s citation.
Contact Christina Hall: chall99@freepress.com

muggsy
03-27-2014, 04:39 PM
Good play by the good Samaritan.

bob98366
03-27-2014, 11:34 PM
Good story. Hope the loss prevention person is OK.

RainingAgain
03-28-2014, 03:18 AM
This occurred in Southeast MI.

A customer with a handgun stopped a shoplifting suspect from slashing a security officer with a contaminated needle and syringe outside a Home Depot store in Roseville, police said.
Joshua J. Silva, 26, was arrested a short time after the incident Monday night at the Home Depot at 13 Mile and Little Mack.
Silva was ordered held in the Macomb County Jail on $25,000 bond after being arraigned today on second-degree retail fraud, a one-year misdemeanor, and assault with intent to do great bodily harm, a 10-year felony. A preliminary exam is set for April 2 in 39th District Court in Roseville.
Roseville Police Chief James Berlin said that Silva claimed he is addicted to heroin, but it is not believed he was on the drug at the time of the assault.
Berlin said Silva began to fight with store loss prevention officers in the parking lot when they tried to apprehend him for stuffing a $179 battery-powered drill under his coat. Silva pulled a concealed syringe from his jacket and used it as a weapon, swinging it around in a slashing motion, police said.
They said he stabbed one of the officers several times with the contaminated needle. Berlin said the victim had more than five puncture wounds on the top of his hand.
A customer with a concealed pistol license saw the fight, pulled out his handgun and told Silva to drop the syringe and get on the ground. Silva stopped fighting and sat down in the parking lot, police said, but jumped up and ran when he heard approaching police sirens. The loss prevention officers allowed him to run and police officers arrested him without further incident.
The citizen told police he got involved because the suspect was so violent and appeared to “be getting the best of” the loss prevention officers. He said he feared if he didn’t get involved, the suspect was going to kill one of the store officers, police said.
The wounded loss prevention officer was treated at a local hospital. Neither he nor the good Samaritan was interested in a media interview, Berlin said.
He said the syringe had some residue in it. It is to be tested later today by the Michigan State Police crime lab for any signs of communicable disease.
Police also will be seeking a search warrant to have Silva tested for any infectious disease that could have been transmitted to the loss prevention officer.
Berlin said Silva had a prior retail fraud conviction and drug arrests. He said it happens that people try to use syringes as weapons, but it is not a common occurrence.
Berlin said the good Samaritan, who told police he wished to remain anonymous, will be put in for a citizen’s citation.
Contact Christina Hall: chall99@freepress.comIt amazes me that there are comments attached to the online story vehemently against the use of a gun. People really believe banning guns will stop crime. People believe the 2A is only for a militia. People believe that no one should have chased him...let him steal it, wasn't that expensive. Idiots. More of the same in the story about new metal detectors for Comerica Park.

AIRret
03-28-2014, 05:49 AM
It amazes me that there are comments attached to the online story vehemently against the use of a gun. People really believe banning guns will stop crime. People believe the 2A is only for a militia. People believe that no one should have chased him...let him steal it, wasn't that expensive. Idiots. More of the same in the story about new metal detectors for Comerica Park.

Ahmen!!
If you take the citizens guns then only the cop and the bad guys will be armed!
The CROOKS would love that! It would be open season for them to take whatever they want…..it's nuts!
The BG's must celebrate every time the government tries to restrict the legal
use/ownership of guns! I can't believe people can be so BLIND!!!!!!!!!!!!!!!!
It really angers me.

And this business about just letting the guy go……if you do that it only encourages more THEFT!

Pointblank
03-28-2014, 11:38 AM
You need to be aware of your State's laws. I know for a fact in Ohio if you come across and altercation and one person is really getting the worst of it, you have to be careful about taking action. This is from the Ohio Attorney General's site:


Defense of Others


A person may defend another only if the protected person would have had the right to use deadly force in self-defense himself. Under Ohio law, a person may defend family members, friends, or strangers. However, just as if he were protecting himself, a person cannot use any more force than is reasonable and necessary to prevent the harm threatened.


A defendant who claims he used deadly force to protect another has to prove that he reasonably and honestly believed that the person he protected was in immediate danger of serious bodily harm or death and that deadly force was the only way to protect the person from that danger. Furthermore, the defendant also must show that the protected person was not at fault for creating the situation and did not have a duty to leave or avoid the situation.


WARNING: The law specifically discourages citizens from taking matters into their own hands and acting as law enforcement. This is true even if you think you are performing a good deed by protecting someone or helping law enforcement. The Ohio Supreme Court has ruled that a person risks criminal charges if he interferes in a struggle and protects the person who was at fault, even if he mistakenly believed that person did not create the situation.


In other words, if you misinterpret a situation and interfere, you may face criminal charges because your use of deadly force is not justified. If you do not know all the facts and interfere, you will not be justified to use force. It does not matter that you mistakenly believed another was in danger and not at fault.


Of greater concern than risking criminal charges is the fact that you may be putting yourself and others in danger. If you use your handgun to interfere in a situation and an officer arrives on the scene, the officer 23
will not be able to tell if you are the criminal or if you are the Good Samaritan.
Ohio law does not encourage vigilantism. A license to carry a concealed handgun does not deputize you as a law enforcement agent. Officers are trained to protect members of the community, handle all types of situations, and enforce the law. Do not allow the license to carry a concealed handgun to give you a false sense of security or empowerment. Let law enforcement officers do their job. If you want to be a Good Samaritan, call the police.

jocko
03-28-2014, 01:16 PM
Yup Poijtblank I have to agree with u. I wouldhate to see a stranger getting the **** beat out of him and being only 170# and 70+ I am afraid I would have to call 911 and then pull up a chair and watch it. Ain't worth it in the real world anymore. Foklk they might be brothers, or two muzzy's fighting.

Fokk wth my family and then I will takemy chances, but sorry stranger, ur on ur own. Kinda cold to say that but for me it is what it is. Normally people don'ty get ito a fight etc, over a spilled cup of coffee. Screwing the utter gus wife might get some repercushions, but again I would have to see his wife. Just sayin

Bawanna
03-28-2014, 01:19 PM
Don't have to be a police officer to be a sheep dog.

More than plenty job security for officers with plenty of room for a little help from good sheep dogs.

I'm going in.

Pointblank
03-28-2014, 01:56 PM
My first impulse would be to help. If it was an obvious felony assault or other felony crime, I would, but it's not worth being prosecuted to intervene in a fight.

jocko
03-28-2014, 01:56 PM
police officers I can see stepping in even if off duty, they are trained and I do think they have a reasonable amout of legal support behind them. A citizen is different. I guess I want to keep what I have weorked for all these years. I just look at self protection differently than some I guess. Leave me alone and I will leave u along, beat the fokk out of the guy across the aisle and about all ur gonna get is a 911 call from ol jocko. Just sayin

I think back alot about when Gabriell Gifford got shot. What is there was a half dozen armed ccw p[eople there and this fella did whgat he id, and everyone pulled ouot theire gunj. How in te hell would u kbow who was the bad guy or did he have more in the qaudience to shoot pepole , so u shoot the good gy annd he shoots the utter good guy etc. If I remember right there was one armed guy that tackled the shooter and did not pull his weapon. which is heroic to say the least but on his part daoy a very smart move. Last thing one would want is a shoot out at the OK corral and find out 9 out of 10 were GOOD GUYS. Just sayin

jocko
03-28-2014, 01:57 PM
My first impulse would be to help. If it was an obvious felony assault or other felony crime, I would, but it's not worth being prosecuted to intervene in a fight.

like a cop???

Pointblank
03-28-2014, 02:01 PM
like a cop???



Like a retired cop on Medicare. :D

AIRret
03-28-2014, 02:17 PM
I make my decisions about "defense" based on what I can live with.

After calling 911 could you walk away from a scene where a 10 year old boy or girl was being raped? I couldn't!


Everyone has to make their choices.

jocko
03-28-2014, 02:22 PM
ok, give me a break on that one. NO and no court would convict u either.