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.