Civilian Gun Self-Defense Blog

Man armed with BB gun shot during robbery attempt

A man carrying a BB gun was shot by a Northeast Heights shop owner while attempting to hold it up Friday night.

The incident happened at about 7:30 at the Higher Source smoke shop near Lomas and Wyoming. The co-owner of the shop reportedly shot the suspected robber with a nine millimeter handgun.

When police arrived, they found the suspected robber with two to three gunshot wounds to the chest.

“It appears at this point that the offender, when he walked into the business, may have had a BB gun,” said APD spokeswoman Trish Hoffman. “It looks very much like a real gun and the business owner may have shot him.”

The suspected robber was rushed to a hospital where he was listed in stable condition. He has been identified only as a 34-year-old Hispanic man.

The co-owner of the shop was detained briefly for questioning and released.

Justices rule self-defense law not retroactive

The Arizona Supreme Court on Friday ruled that a self-defense justification law friendly to defendants wasn't retroactive to offenses committed before the law took effect in April.

The 2006 law shifted the burden of proof in cases where a defendant is claiming self-defense. Instead of making a defendant prove he acted to protect himself by the relatively low standard of proof of more likely than not, the new law says prosecutors must prove beyond a reasonable doubt that a self-defense claim was unfounded.

The law took effect when Gov. Janet Napolitano signed it April 24, and supporters hoped it would be included in instructions given weeks later to jurors in the murder trial of Harold Arthur Fish in a 2004 killing.

However, the trial judge disagreed that the law could be applied retroactively. The Supreme Court's ruling, which was from a different case, supports the trial judge's decision and overturns a Court of Appeals ruling that said the law could be applied retroactively..

Fish, a retired Phoenix-area teacher, was convicted June 14 in Coconino County Superior Court of second-degree murder in the 2004 shooting death of Grant Kuenzil. The shooting happened during a confrontation on a trail near Payson in 2004.

Friday's ruling came four days after a Senate committee endorsed new legislation to explicitly make the 2006 change retroactive to cases that were pending at the time. A lobbyist for prosecutors told the lawmakers they were opening a legal can of worms.

The court issued its unanimous ruling in the case of David Garcia, a man charged in Pima County Superior Court with murder in the 2004 shooting death in Tucson of Alexis Samaniego.

It was Fish's case that prompted lawmakers to pass the law. He had claimed self-defense, saying that Kuenzil charged him in a threatening manner after Fish shot a dog that he considered a threat.

The Supreme Court said the law did not apply retroactively to cases stemming from offenses committed before April 24 because the law didn't contain a clear statement that it was retroactive. It didn't matter what legislative intent was because the law's wording - namely the lack of a retroactivity provision - was clear, Justices Michael D. Ryan wrote.

The new bill would provide the retroactivity that the Supreme Court decided Friday wasn't in the 2006 law, former Fish attorney A. Melvin McDonald Jr. said.

Ed Cook, executive director for the Arizona Prosecuting Attorneys Advisory Council, told the Senate committee on Monday that making the change retroactive could affect numerous cases.

With retroactivity, other defendants might argue that they are entitled to have their cases decided under the 2006 standard, acknowledged Sen. Linda Gray of Glendale, the bill's sponsor.

Citizen catches robbery suspect

A bank robber was behind bars yesterday and all the stolen money was recovered thanks to the quick thinking and assistance of a good Samaritan.

Denver area resident John Adams was in the process of paying his mortgage at a Washington Mutual bank at 1705 Sheridan Blvd., at around 3 p.m., when he noticed a man walking away from the TCF Bank located directly next door at 1709 Sheridan Blvd, near Sloan’s Lake Park.

Adams’ antennas went up when he realized that the man walking away from the bank was holding a small grocery-like bag with red dye pouring out of it.

‘Funnier than crap’

“There was red smoke coming out of it, but he had no idea what was happening,” Adams told the Denver Daily News yesterday. “It was funnier than crap.”

Mr. Adams quickly told his broker that he may have spotted a bank robber, finished up his mortgage payment transaction, then called 9-1-1 from his cell phone. He was on the corner of 17th Avenue and Sheridan Boulevard in Edgewater at the time, but the 9-1-1 call went to the Denver police dispatch.

Let police do their jobs

Denver police asked Adams for a description of the suspect and his location while Adams proceeded to jump in his car and carefully follow the man.

Adams has a permit to carry a concealed weapon, but he said he felt no need to draw his weapon — he wanted to leave the police work up to the police.

“Why don’t you give us gun rights guys a plug?” Adams commented about his use of extreme caution and patience with a gun.

Persistance pays off

After losing the suspect for about three minutes, Adams caught up to the man again as the suspect entered an alley between Sheridan Boulevard and Zenobia Street near Colfax Avenue.

The suspect was in the process of taking off his sweatshirt that had been splattered with dye.

The man then moved out of the alley into a nearby motel parking lot when Adams noticed an Edgewater patrol car cruising up in the area. Adams flagged the officer down and in about 45 seconds, the Edgewater Police Department and the Denver Police Department together took the suspect into custody without incident.

“It just seemed like the right thing to do,” Adams said. “I have a concealed carry permit like a million other guys, but I didn’t see any reason to pull my weapon out. I was not in any danger.”

Money recovered

All the dye-covered money was recovered from the suspect who is believed to have robbed the TCF Bank.

“A special thank you is directed to the very alert and concerned citizen, Mr. John Adams,” said Denver Police spokeswoman Det. Virginia Quiñones. “Without his involvement, it is not known whether or not this suspect would have been apprehended.”

Police: Shootout started as social gathering

The two men who allegedly robbed two residents of Campus Crossings South before being shot themselves were invited in by a resident of the apartment complex, police said.

Three men were shot and one died Jan. 14 in Apartment 506 of the complex on South Rutherford Boulevard in southeast Murfreesboro.

"Evidently, it was a social gathering that turned into the aggravated assault and kidnapping," Murfreesboro Police spokesman Alvin Baird said Thursday.

Baird said the two alleged perpetrators had been invited into the apartment of Mike Holt, 22, prior to the alleged kidnappings and assaults.

Initial reports had indicated that that the two, Thomas John Eckerle Jr., 29, and Alan B. Bell, 21, had forced their way into the home with handguns.

Eckerle was arrested two weeks ago on two counts of aggravated robbery and two counts of especially aggravated kidnapping for his part in the robbery of Holt and Chris Deberry, 23.

Eckerle and Deberry were both treated for multiple gunshot wounds, and Bell died of multiple gunshot wounds at the scene.

Deberry, who is out of the hospital and being treated on an outpatient basis, told police he started firing at Bell and Eckerle when they put down their handguns to tie up him and Holt.

Holt, the apartment's resident, received blunt trauma to the head and was treated and released from an area hospital the same day.

A preliminary hearing in Eckerle's case has been set for Feb. 20 in General Sessions Court.

Police found a white powder believed to be drugs in the apartment and have said the incident is drug-related.

Baird said Thursday that unless other facts emerged in the course of the investigation no further charges are expected to be filed.

Shootings leave 2 dead, 2 critical

Two men remained hospitalized in critical condition Thursday night after a rash of violence this week left two others dead.

Police have made one arrest, while one of the incidents is being investigated as a case of self-defense.
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Police said Samuel Giles, 36, of the 4000 block of Figtree Drive in Jones, went to pick up his stepdaughter from her boyfriend's house, where the couple were arguing, police said.

Giles told police his stepdaughter called him Wednesday from Robert Bren's house at 546 S. Court St. and asked him to pick her up. Giles said Bren is his stepdaughter's boyfriend.

When Giles arrived at about 8:40 p.m., police said the two men argued. Giles drew a gun and tried to shoot Bren, but Bren shot him first with a 9 mm handgun.

Giles was taken to Jackson Hospital, where he remained in critical condition Thursday.

Bren was taken to police headquarters and questioned. The incident appeared to be one of self-defense, police said.

Man Critical After Killing Intruder

A Coweta County man was hospitalized in critical condition with a gunshot wound to the chest after killing the intruder who shot him early Thursday morning.

Police said the two men were part of a domestic dispute that erupted in gunfire in the normally quiet Coweta County neighborhood. According to investigators, the victim, Kevin Went, and his girlfriend were inside the home on St. James Place near Sharpsburg at the time of a violent intrusion. The girlfriend's ex-boyfriend kicked down the door about 5:30 a.m. with a gun in hand. Both men started to argue and both started shooting.

"The old boyfriend followed her here, kicked the door in, forced his way in, confronted the new boyfriend with a firearm and they shot each other," said Major James Yarbrough of the Coweta County Sheriff's Office.

A neighbor said bullets were flying from the home. "I could hear him kick in the door and he shot and I think some of the bullets came out through the wall over there," said Curtis Scruggs.

The ex-boyfriend, who was identified as Vance Tanner, died at the scene. The homeowner was airlifted to Atlanta Medical Center in critical condition.

Garden City Man Found Not Guilty

After nearly 12 hours of deliberation a jury found a Horry County man not guilty of murder.

Police say 76-year-old Henry Bramlett shot his neighbor, Robert Tomlinson, more than a dozen times after a property line dispute.

But prosecutors say the evidence solicited to the character of the victim showed he wasn’t a good neighbor in the minds of jurors.

Defense attorney Morgan Martin told the jury his client acted in self-defense.

The shooting happened in August of 2005 off Stanley Drive in Garden City. Bramlett was facing life in prison with no chance at parole. Today he is a free man.

An accused intruder shot during a botched robbery attempt in Ann Arbor late Friday was arraigned Tuesday on six felony charges in the case. A second man also was arrested Tuesday and is expected to be arraigned today.

Ann Arbor Police Sgt. Jim Stephenson said this morning that detectives are seeking a third man but would not discuss his potential involvement in the shooting.

The three men are suspects in a late-night attempted robbery and shooting inside an Ann Arbor home in the 700 block of Miller Avenue. Police said several people were inside the home when two intruders forced their way in. Gunfire was exchanged, and a 19-year-old resident and one of the intruders were shot.

Stephenson said the intruders appear to have targeted that home, but he declined to elaborate. He declined to say who was firing shots and said police are still piecing together the case, but none of the residents inside the house is expected to be charged - "they are all victims and witnesses.''

Auto repair shop robbed for 29th time

Owner says he fired shots, may have hit one robber early Sunday

Maybe he hit the guy when he fired his .38, maybe he didn't, but Eugene Miner is fed up either way.

On Sunday, the longtime Jackson business owner was burglarized again, the 29th time that has happened to his auto repair business, he said.

It was the second time in two days. He can't take it anymore.

"I think I hit one of them," he said Monday morning. "He was limping when he was going up that hill there."

In the wee hours of Saturday morning, someone broke into Miner Auto Repair on Fortification Street just east of State Street.

Eugene and Linda Miner had moved back to that location in August after less than a year on South Street. Their shop had been broken into 27 times there, they said.

And so it was sometime between 2 a.m. Saturday and dawn that someone broke into the new shop and made off with tools, a computer, dozens of purses that had been for sale and more.

They ate food in the cooler, left forks and soda cans on the floor, even took off with a trash can.

The Miners figured whoever did that was not finished. The place looked like they'd left in a hurry.

So at 3:30 a.m. the next day, Sunday, the Miners went to the shop, expecting trouble.

"We hadn't been in here 30 minutes when it happened," Linda Miner said.

What happened, according to both Miners, is this:

Two skinny guys in a white 1991 Ford Crown Victoria backed up to the same bay door that had been broken into the day before.

Eugene Miner said he'd fixed the door with metal and wood, and that he knew it was a 1991 Crown Vic because he's in the auto business and knows cars.

A short black man with light skin and a taller black man with dark skin broke through the door with a 2-by-4.

The Miners said they watched all this from the shop's office, adjacent to the repair bay where the burglars were but separated by thick glass.

Eugene Miner said the tall guy crawled on the floor next to an undamaged bay door. The other guy stayed where he was.

"That's when I started shooting," he said.

On that piece of glass between the office and the repair bays are now two small bullet holes with cracks leading from them like streams from a mountaintop lake.

After the gunfire, the men ran. The tall guy up the hill on Fortification, the short guy to the Crown Vic, which he drove away to where he could pick up the tall guy.

Jackson police detective James Cornelius is investigating the case.

He said Monday afternoon that he'd checked the area's hospitals and hadn't found anyone with a gunshot wound who fit the burglar's description.

Still, he said, that doesn't mean the man was not shot. Perhaps it was a minor injury, or maybe he went far away for treatment.

Cornelius said he had no leads he wanted to discuss publicly on Monday but might have some news today.

Either way, Linda and Eugene Miner are getting sick of this.

They said they appreciate the police and didn't want to sound like they were complaining, but something has to be done about crime.

"Right now," Linda Miner said, "we are at our breaking point. We feel like the city should step in and do something. ... We have just got to have some help. We deserve some help.

"You know it's gone too far when we have to take up arms to protect ourselves."

Tri-Cities pharmacist stops armed robbery using her gun

Susong Pharmacy in Greeneville usually welcomes the sound of a person entering the store, but not lately. The pharmacy has been robbed twice in the last few months and employees have had enough.

"I hated it happened, but he asked for it in my opinion," a store employee who asked to remain anonymous said.

Police say an armed man entered the store wearing a ski-mask this afternoon, went to the front, and demanded hydrocodone. An unnamed pharmacy technician says the man confronted her.

"It was like deja vu, being that I was just robbed by what looked like the same gentleman back on December 27th," the woman said. "He thought he was going to walk in, walk back out, and he was very surprised. He got a little bit more than he asked for."

The woman says her co-worker pulled out her gun and fired a warning shot at the man. She says the first round didn't phase the robber, but the second did. She says the bullet hit the man in his chest and before the robber made it out, the employee fired one more shot.

The stores surveillance cameras caught everything on tape, but the video has since been locked up in evidence. Investigators now search for the man in that video. Capt. Terry Webb says he doesn't question the pharmacist's reaction, but he discourages anyone from taking matters into their own hands.

"We always recommend if you're put in an armed robbery situation, to go ahead and cooperate and give the person whatever they're asking for, and that way nobody gets hurt," Webb said.

That said, pharmacy employees say they're tired of being the victim. In fact, they hope two bullet holes in the wall send a message.

Police believe the suspect fled the scene in an early nineties model Dodge Dakota pick-up truck. They say the two-tone tan and possibly silver pick-up also has back bumper damage.

WOMAN FOUND INNOCENT IN HUSBAND'S DEATH

Wanda Sue Gough, 54, can return to her home in Raleigh N.C., a free woman, after being found not guilty of murdering her husband in 1980.

A jury of three men and nine women deliberated for three hours Thursday afternoon before reading a not guilty verdict.

In 1980 Ms. Gough told police she shot and killed her husband, John Gough, in self defense. At the time, a grand jury failed to indict her.

In 1995, Kilgore Police reopened the case at the request of John Gough's family members.

The case was later submitted to the Texas Rangers Cold Case Unit.

Ms. Gough was arrested in May 2006, nearly 26 years after her husband's death.

Gregg County District Attorney Bill Jennings said he respects the jury's verdict and the effort they made in coming to a verdict.

An apparent burglary attempt ends in a fatal shooting in East Tulsa, police said. Officers were called to the 1100 block of South 146th East Avenue around 3 p.m. Sunday. When they arrived they found a 39-year-old white man dead in the front yard.

The homeowners told police the man had started banging, then kicking on their door. The husband said he went to get his gun and when the door started to give way, he pulled the trigger. The couple told police they did not know the suspect.

Neighbors heard the whole thing. "I heard three gun shots and went and got my dogs and put them in the house, both my dogs were facing the house so I knew something was up," said neighbor Kris Orman.

Detectives say the evidence matches what the homeowners told them. They're investigating the shooting as a justifiable homicide and didn't arrest anyone.

"You've got an unknown subject attempting to kick the door in and a husband and wife that are fearful for their safety," said Tulsa Police Captain Eric Dalgleish.

Man fatally shoots intruder at his South Side home

A man defending his South Side home shot and killed an intruder last night, police said.

The shooting occurred just after 10 p.m. inside 925 Lilley Ave. just south of Livingston Avenue.

According to police, the homeowner was on the second floor.

"He heard a crash through the front-door window," said Columbus police homicide detective Bill Rotthoff. "He comes downstairs and there’s a person in the living room he doesn’t know."

Police declined to release the name of the intruder, who died at Grant Medical Center, or the homeowner.

The homeowner was being interviewed early this morning by police. It was unlikely he would be charged, Rotthoff said.

Men Critically Hurt in Fight

An argument between two men escalates, ending with one man stabbed and the other shot. Now police are trying to figure out what lead up to the bloody fight. It happened early Friday evening at a home in the 1700 block of South Sedgwick.

Police believe the two men were arguing over something when the fight escalated to violence. Apparently, one of men stabbed the other. Police say the person who had been stabbed then shot the attacker. Police believe the shooting was self defense.

Police say the man was shot multiple times but he managed jumped in the other man's truck and took off. Officers had just arrived to find the stabbing victim when the shooting victim returned to the scene. The injured men were taken to the hospital. They're both listed in critical condition.

Police interviewed neighbors to see if any of them heard or saw anything that would explain what led to this fight. They say it's too early to tell if alcohol may have been involved.

2 Would-Be Robbers Shot, Wounded By Guard In NoHo

Two would-be robbers were wounded in a shootout with a security guard in a North Hollywood liquor store, police said.

Two armed suspects entered a store at 12650 Sherman Way just after 11 p.m. Friday and demanded cash, said Los Angeles police Sgt. Ben Alanso of the North Hollywood Station.

Inside was an armed and licensed security guard. Outside, a getaway driver waited in a parked vehicle.

“There was a confrontation and shots were exchanged,” Alanso said.

When the shooting stopped, both suspects were wounded, Alanso said.

A 19-year-old man suffered a gunshot wound to his stomach and collapsed at the scene, Alanso said. He was reported to be treated in an intensive care unit.

A16-year-old boy was wounded in the shoulder and left knee, Alanso said. The boy made it out of the store but was caught nearby. He was reported hospitalized with stable vital signs.

The driver got away, Alanso said.

Detectives were reviewing surveillance video of the shooting, he said. The shooter was not arrested, pending the outcome of an investigation.

Union City teen hurt in shooting

Police say attack followed argument between pedestrian, people inside vehicle

A 28-year-old man was arrested on suspicion of two counts of attempted murder after a teenage boy was wounded during a gunbattle in front of the Greenhaven Apartments early Friday, police said.

The 17-year-old victim suffered a nonlife-threatening wound to his lower body just after midnight when he and a 32-year-old man who was a passenger in his car got into an argument with the shooter, who was on foot, Lt. Jim Bizieff said.

The teen and the shooter, who was arrested and identified later as Barry Stewart, live in an the apartment complex on Alvarado Boulevard, Bizieff said.

Police do not know exactly what provoked the shooting, but said Friday afternoon that they still were investigating.

Although details remained unclear, police said early reports indicate the teen and his passenger were driving in front of the complex when they argued with Stewart, Bizieff said.

For an unknown reason, Stewart began shooting at the teenager's car, hitting him once, the lieutenant said.

The driver then crashed his car into a fence as he tried to get away, and his passenger pulled out a gun and returned fire.

The passenger was not arrested because authorities believe he was acting in self-defense, Bizieff said.

Moments after the shooting, police began receiving calls about it. When officers arrived, they found several bullet casings but could not find a victim, the lieutenant said.

Less than 10 minutes later, the wounded teen called police as he drove to a nearby hospital, the lieutenant said.

Officers and paramedics met the victim near Union City Boulevard and Whipple Road and then drove him to the hospital.

Through questioning, police were able to locate Stewart in his apartment at the complex and arrested him on suspicion of two counts of attempted murder as well as single counts of possessing marijuana for sale and being a felon in possession of ammunition, Bizieff said.

60-year-old acquitted in Kokomo shooting death

Jurors acquitted a defendant who said he acted in self-defense in a shootout that killed a man at a busy commercial area of the city.

The jury deliberated 3 1/2 hours Thursday before finding Willie Winston, 60, not guilty of murder in the death of 24-year-old DeMarco Moore.

Earlier in the day, Winston took the stand and said he had no choice but to shoot after Moore came at him and his family with a gun.

Prosecutors say Winston exchanged gunfire with Moore on Jan. 27, 2006, outside a fast-food restaurant near Markland Mall on the city’s east side. Moore died the next day at a hospital in the city about 50 miles north of Indianapolis.

The jury Thursday also acquitted Winston on felony charges of possession of an altered handgun and criminal recklessness. They did convict him of a misdemeanor charge of carrying a handgun without a permit, which Winston did not dispute.

Deputy Prosecutor Jeremy Peelle said evidence disputed Winston’s claim that Moore fired the first shot.

“DeMarco Moore did not have to die on that day,” Peelle told jurors. “Is he an angel? No. Willie Winston’s decision to carry a gun changed lives that day and ended one life.”

Winston worked for Chrysler for 31 years and had no criminal history, said his defense attorney Brent Dechert.

As he left the courtroom, Winston said, “Thank God, and thank Mr. Dechert.”

A Blacksburg homeowner fired three shots while two burglary suspects were running from his home at 2:50 p.m. Tuesday, a report at the Cherokee County Sheriff's Office states. Police have charged R.J. Osborne, 19, and his brother, Ronald Franklin Osborne Jr., 20, both of 103 Maxine Lane, Blacksburg, each with 2nddegree burglary.

Arrest made in break-in that ended in shooting

A man police said was shot at by the owner of a home he'd broken into and who aroused the suspicions of an off-duty firefighter was arrested Wednesday.

Joseph Ingalls, 36, originally of Norton Shores but who also lives part-time in Traverse City, was arrested and lodged in the Muskegon County Jail on Wednesday and arraigned Thursday in Muskegon County District Court on a charge of first-degree home invasion. He is a fourth-time habitual offender, according to court documents.

According to police, Ingalls entered a garage in the 800 block of Farr Road at about 9:30 a.m. Tuesday. The homeowner, who was not identified by police, spotted the intruder carrying a toolbox and other items from his attached garage, and opened fire on his vehicle with a handgun.

Norton Shores Detective Lt. Timothy LaVigne said Ingalls had approached the home of the Norton Shores firefighter and asked for directions. When Ingalls drove away in the opposite direction he inquired about, the firefighter became suspicious.

The firefighter was able to write down part of the license plate number of the older, dark-blue Chevrolet Ingalls was driving, LaVigne said. He then reported it to police. Ingalls was arrested around 11 a.m. Wednesday.

"We did find bullet holes in the hood of his vehicle and (Ingalls) made some admissions," LaVigne said.

A preliminary examination for Ingalls is slated for Feb. 15. A judge set his bond at $3,000, cash or surety.

Judge throws out manslaughter charge against security guard

A judge threw out a manslaughter charge and another felony count today against a security guard who fatally shot a 16-year-old boy.

William Swofford of Deltona then pleaded guilty to a misdemeanor charge of not carrying his security-guard license at the apartment complex where he worked the night he shot Travares McGill in July 2005.

Swofford paid a fine of just under 400 dollars and left a free man.

Swofford has maintained that he shot McGill in self-defense.

Swofford and his partner were working night security at the apartment complex parking lot when they approached McGill's car.

Police said McGill tried to pull away, pinning a pedestrian against a van and hitting the security guards' car. The two opened fire, killing the teenager.

Ansley had been charged with shooting into an occupied vehicle, but prosecutors dropped the charge yesterday.

Store Clerk Fights Back Against Would-Be Robbers

For the second time in a week, a store clerk fought back against would-be robbers.

The attempted robbery occurred at the Walford Market in Clinton Township at about 8 p.m., NBC 4's David Wayne reported.

Police said 19-year-old Shandos Young and 18-year-old Justin Cockrell entered the market with bandanas over their faces and threatened the owner and another employee.
The store owner wrestled the gun away from one of the robbers and then fired the gun at them.

"I seen these guys storm in with their guns. I dropped the phone, backed away, drew my gun and fired two shots and just tried to get them out of the store," said Clive Weidle, the store clerk.

Investigators said set of footprints leading away from the store guided officers to the alleged weapon, a coat and latex gloves.

Both teenagers were captured a few blocks away and charged in connection with the robbery.

Officials said the extensive surveillance system in the market showed the incident from several angles.

The teens are scheduled to appear in court on Friday.

No injuries were reported.

Deliveryman who shot 2 is charged

Prosecutors say shootings justified, but gun concealed

A pizza deliveryman who has shot two people on the job in the past seven months was hit with his first criminal charge Wednesday: carrying a concealed weapon.

Andres Vegas, 46, who told authorities that the teenagers he shot last month and in July were trying to rob him, appeared in court and was released on a $1,500 signature bond Wednesday. He faces up to nine months in jail and a $10,000 fine if convicted of the misdemeanor. His next court appearance is scheduled for Feb. 19.

According to the criminal complaint, Vegas, of Cudahy, was making a delivery in the 2800 block of N. 22nd St. on the evening of Jan. 4 for Mona Lisa Pizza, 4831 W. North Ave. As he got out of his car, he was approached by an armed assailant. Vegas then reached into his car's passenger seat, got his .32 semi-automatic pistol and shot his assailant, the complaint says; he then waited for police.

The complaint says the suspect admitted trying to rob Vegas, who prosecutors then determined was justified in the shooting. But because Vegas' gun had been on "the front passenger seat beside the pizzas," it met the definition of a concealed weapon.

The complaint also says that "prosecutorial discretion" was why Vegas wasn't charged in the July shooting, even though he "admitted to carrying a gun on his person in a concealed manner." But Vegas was warned then that he could not carry a concealed gun for protection on his job.