Skip to comments.CHL holder fired shot that killed store clerk(TX)
Posted on 05/31/2012 4:43:11 AM PDT by marktwain
HOUSTON (FOX 26) -
Houston Police confirm it was a customer with a concealed handgun license who accidentally shot and killed a store clerk. The CHL holder was trying to protect Tyrza Smith, 26, from armed robbers, but something went terribly wrong and she was killed.
It happened on May 17 at the Family Dollar located at 6951 Bellfort in southeast Houston.
Police say Dwight Richardson, 20, and another man who hasn't been arrested are accused of bursting into the store, locking the front door and holding a gun to the clerk's head.
"They come in, they got guns out and they're threatening people in there. The CHL holder had every right to defend himself and that clerk," said Fox 26 legal analyst Chris Tritico.
The customer tried to leave but noticed the door was locked.
He pulled out his weapon and got in a gunfight with the robbers. Smith was caught in the crossfire, and ballistics tests show the CHL holder killed her.
Should the customer have pulled his weapon, especially since most robbers are happy just getting the cash?
It's a split second decision all legal gun holders pray they'll never face.
Kyle Dekay learned in his CHL class to turn and run unless there's an immediate threat to life.
"If at all possible, if there's a small opening, get out of there. Hightail it. The last thing you should ever do is go and draw for your weapon," he said.
Gun dealer Jim Pruett can't say for sure what he would have done.
"It's a tough one, and every situation demands a different reaction," Pruett said.
Each year there are thousands of cases of gun owners successfully defending themselves. Tritico says it will likely be up to a grand jury to decide whether the CHL holder was justified in shooting his gun.
"That's what we have to look at. What was this person thinking? What was he feeling? What were the circumstances at the time he pulled his weapon out?"
The CHL holder could still be sued in civil court even if the deadly force is found to be justified.
CHL holder should have learned how to shoot before carrying. What a cretin.
“CHL holder should have learned how to shoot before carrying. What a cretin.”
Well, if he got his CHL in Texas he did have to qualify on the range. It’s a static environment shooting at targets at known distances. The issue is not about learning how to shoot. The missing ingredient is knowing how to shoot under stress. To do this take a lot of practice in dynamic situations during which one develops muscle memory that will take over for the mind when $h1t hits the fan. But, alias, this requires a lot of time and a LOT of practice. Won’t happen.....
You don't know that. She may have moved into the way, or the perp may have tried to use her as a sheild. It's real easy to be an armchair critic, a bit harder when people are moving and shooting at you.
Not knowing all the whole story I wouldn't be jumping on the shooter right now. he may have very well been able to handle the gun and shoot properly but the clerk might have jumped in between the 2 shooters causing her demise. or possibly a richaette.
ok you are right
True and this guy messed up bad
It is always a tough choice to make to shoot or not.
Even more so when others are involved.
Gun fights are very fuild just being in the wrong place at the wrong time can get you shot.
Hitting a third party is never good.
no, true enough. There are a lot of people who believe in gun rights but don’t learn enough to be safe before they carry. The proof is in the pudding as they say. Are you satisfied with this result? Wouldn’t the innocent party be better off just robbed and not dead?
I was like, "WOW, dude was deeper in Murdergate than I ever suspected!!!"
This is a tragedy that the MSM will milk for all it’s worth to tell the public that guns are bad.
I don’t know what happened, but I’m sure that this man feels terrible now; the clerk’s death is something he’ll never forget. He surely was trying to help. I pray for him.
The robbers caused her death. Period. Doesn’t matter where the bullet came from. When they are caught, they will be charged with murder.
Another stupid comment
Do you think that stress and fear might have affected his aim?
I've seen incidents very much like this where it was an off-duty cop who, despite his years of training, accidentally killed the victim while failing to cut a single hair on the armed assailant. Training can't negate all the bad stuff that can happen in these situations.
Exactly.And if I understand Texas law correctly the robbers could get the hot squat...murder while committing a robbery.
...that's an assumption, probably 20 years ago. Today's armed robbers, steal and then murder. The authors comment about crooks being "happy to just get the cash" is interesting....and if there wasn't enough cash, would they be "happy"?
Hey believe me I understand felony-murder. And yes, EVERYONE with a gun should understand there WILL be a review if they shoot, duh.
The bigger story here is this: the media will never fail to run with a story where a firearm is used and the outcome is bad. "Man with gun holds family hostage"; "Gunman storms workplace, three dead" -- and on and on it goes.
However the media almost never run with a story where the outcome makes gun owners look good.
Somehow -- they need to be held to account for this -- letters to editors, whatever.
Good God...you just don't get it!
Replace "CHL holder" with "policeman" and there would be zero questions of charges.
I would like to see the same standards applied to all citizens, whether they have a badge or not. It would require some changes concerning the handling of both.
Ok. Fair enough. Let's extend yldstrk's point to the extreme. To what extent, if any, does the clerk have a responsibility to learn how not to become a victim?
Surely she is more likely to find herself with a gun pointed at her than a CHL carrier is likely to have to point one.
What training does Dollar General give her? Did she follow it? Does it account for innocent bystanders? Does it account for CHLs?
Hard to say, but how much could the victim have done to save her own life, CHL or not?
Why hadn't the perps already left? Why did they lock the door if they were in/out without intent to kill?
The rise of the police state in this country with politicians and other politically connected classes getting away with things that would have other people thrown in prison is becoming increasingly hard to take. We fought against being ruled by royalty only to create a neo-royalty.
I digress though, like you I would like to see the all citizens held to the same standard. This case is tragic but the CHL holder should not face any charges.
When the robbers lock the door, they aren’t there just for money. Odds are, the clerk was going to die regardless and so was the CCW holder.
A life threatening situation means, by definition, someone can die. A gun isn’t always going to turn that around, not 100% of the time against armed robbers.
Could very likely have been what happened.
Why do they even call it news? Do we have any facts on the story besides the pant-wetting journalists comments on the evil CHL holder? Jeez.......
Well, tell “it” to me.
OK, one good thing, at least CLH survived, is that what I didn’t get? I didn’t get that til just now, true. Glad you are so brilliant you get everything all at once. Happy fer ya
The media only gave us so much info what are they holding back to make CCW holders look bad.
Did the bad guy push or grab her into the line of fire did she trip and fall did she jump.
So many unandswed questions.
Are you a complete idiot, or has a complete idiot hijacked your account?
The United States of America is not a “police state.”
Still, the outcome really sucks and I'm glad I'm not that particular citizen. I hope he has a combat veteran in his family or circle of friend ... he could probably benefit from informal "counseling" from somebody who has "been there".
LOL. Laz used to say he'd been proudly commenting on articles without reading them for years.
The new standard for freepers is to comment and conclude based on merely the slant of the headline intended by the author.
We don't need the article, the author's bias or anything. Just the editor's headline!
I may be a complete idiot, but you haven’t explained why you think I am one. Is that in your realm of capability?
I didn’t say it was, however it’s increasingly getting to that point and if you can’t see it you are worse then blind.
And I'm not the only one who raked you over the coals for your stupid comment.
Yeah ... the outcome of this shooting sucks.
Sometimes, life sucks no matter what you do (or don't do).
Did somebody tell you that life was fair?
If so, track him (or more likely, her) down and punch her in the nose ... life's not fair. Death isn't fair, either.
Do you comprehend that? Is that in your realm of capability?
Add a laser to the pistol.
It’s hard to miss.
My shooting went from unacceptable to outstanding.
This robbery took place just a few blocks away from my business. Likely I have seen the robbers as they walked down the street.
This neighborhood is rougher than a stucco bathtub.
That is something we need to fix here in Texas.I like Florida's take on that with their 'stand your ground' law.
Unfortunately, we can't even seem to get open carry in a state where "republicans" own the house, senate, and governorship. Thanks a lot, Rick.
We all know that some armed robbers execute their victims so there won’t be witnesses. If I am trapped in a locked building by masked gunmen, I will assume my worst fears are about to happen. I will not judge the actions of the CHL holder that felt compelled to draw his weapon in self defense. If I carried, I likely would have done the same.
The ones responsible for this are the criminals and they should be charged with murder.
I, more than most, know life isn’t fair. Having to tolerate this life is brutal
Well, they say life is a gift, but some days it feels more like a curse.
Good. So, you understand that your comment was moronic. Cretinous even.
Good day, sir.