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View Full Version : Robbery averted in my home state. **updated**


HskrVern
04-28-2010, 2:02 PM
An armed robber was shot and killed in an Omaha business Monday night, police said. Investigators said a customer intervened and fired on the gunman.

The robbery took place at the Walgreen’s store at 61st Street and Northwest Radial Highway at 8:50 p.m.

Police said two masked individuals walked into the store. One of them was armed with a short shotgun. The gunman pointed the weapon at customers and at the clerk behind the counter.

A man who had a permit to carry a gun saw the robber point the weapon at the clerk and pulled out his handgun and shot the suspect multiple times, police said. The robber, identified by police as 18-year-old Marquail Thomas, stumbled out of the store and collapsed.

He was taken to Creighton University Medical Center, where he later died.

The man, Harry J. McCullough, 32, was cited because he didn't have a permit that allowed him to carry the gun concealed.



The second robbery suspect was detained until police arrived. Angelo Douglas, 17, has been arrested on suspicion of robbery and use of a weapon to commit a felony.

Investigators said McCullough was questioned and released after conferring with the Douglas County attorney.

County Attorney: Shooter Justified

McCullough was in the store picking up prescriptions and buying ice cream when he decided to open fire on the suspected robber, his attorney said.

"My client acted quickly, responsibly, and certainly accurately," said attorney James Martin Davis.

The county attorney said McCullough acted quickly.

"He didn't let them get more than past the metal detectors," Kleine said. He decided he wouldn't file any charges, even adding that McCullough did the right thing.

"People shouldn't enter stores with short shotguns and try and rob people. And it's as simple as that. Fortunately, it turned out that the perpetrator was taken out, and the other perpetrator was arrested," Kleine said.

Davis said McCullough was crying in his office on Tuesday. He said McCullough was shaken up by what happened and will seek counseling.

The city prosecutor is still reviewing the citation against McCullough.


http://www.ketv.com/mostpopular/23275007/detail.html



http://www.ketv.com/news/23450576/detail.html

OMAHA, Neb. -- The customer who killed a would-be robber inside an Omaha Walgreens will not be charged, according to the city prosecutor.

Marty Conboy made his decision Tuesday just after 2 p.m., saying James McCullough's weapon was not completely concealed during the incident.

McCullough opened fire on 18-year-old Marquail Thomas after police said Thomas barged into the store with a sawed-off shotgun and demanded money.

McCullough had a registered weapon but no permit to carry it concealed.


I doubt it would have turned out the same here.

goodlookin1
04-28-2010, 2:18 PM
Chalk up another win on the side of "Right to keep and BEAR arms".

Untamed1972
04-28-2010, 2:22 PM
I'm posta be going to Omaha soon for a business conference and was trying to decide if it was worth the hassle of bring my gun and my UT permit. Guess maybe this answers that question.

grammaton76
04-28-2010, 2:52 PM
Interesting. It would appear the shooter had a permit to carry a gun, but he didn't have one to carry it concealed.

oepirate
04-28-2010, 2:53 PM
Wait, he was crying in his office? I thought anyone carrying a gun was a naturally violent aggressive person?

Seriously though, my compliments to Mr. McCullough for his quick controlled response and I wish him the best in dealing with this.

HskrVern
04-28-2010, 2:54 PM
Interesting. It would appear the shooter had a permit to carry a gun, but he didn't have one to carry it concealed.

Thats what I gathered too. And it appears that he may not get cited for it.

Joe
04-28-2010, 2:55 PM
Interesting. It would appear the shooter had a permit to carry a gun, but he didn't have one to carry it concealed.

I noticed that also. Kind of confused me.

pullnshoot25
04-28-2010, 3:00 PM
I'm going to call shenannigans.

No permit is required to carry. However, a permit is required to carry concealed.

This could be interesting...

pullnshoot25
04-28-2010, 3:02 PM
I'm posta be going to Omaha soon for a business conference and was trying to decide if it was worth the hassle of bring my gun and my UT permit. Guess maybe this answers that question.

That's a big YES.

CARRY ON!

socalblue
04-28-2010, 3:02 PM
Any bets his application for a CCW is approved?

HskrVern
04-28-2010, 3:05 PM
I'm going to call shenannigans.

No permit is required to carry. However, a permit is required to carry concealed.

This could be interesting...

I called my bro-in-law thats a State Trooper in NE and from what he said you actually have to get a permit to buy a handgun there from the CLEO and thats what they most likely ment by the "permit to carry" comment.

winnre
04-28-2010, 3:09 PM
Any bets his application for a CCW is approved?


Retroactively I hope. Now let's hope there is no civil suit.

IGOTDIRT4U
04-28-2010, 3:26 PM
Retroactively I hope. Now let's hope there is no civil suit.

Heh, yeah, in OK, what jury of peers would find him liable? (don't answer, anything can happen these days.)

pullnshoot25
04-28-2010, 3:43 PM
I called my bro-in-law thats a State Trooper in NE and from what he said you actually have to get a permit to buy a handgun there from the CLEO and thats what they most likely ment by the "permit to carry" comment.

Gotta love those slavery laws!

winnre
04-28-2010, 4:05 PM
Imagine if the guy was UOC, could he have done anything?

Big Jake
04-28-2010, 6:39 PM
Interesting. It would appear the shooter had a permit to carry a gun, but he didn't have one to carry it concealed.

What is the diference between the two? :confused:

pullnshoot25
04-28-2010, 6:44 PM
What is the diference between the two? :confused:

Some states require a license to carry, the method unprescribed. Some states are only concealed carry. That is the difference.

Havoc70
04-28-2010, 6:48 PM
I called my bro-in-law thats a State Trooper in NE and from what he said you actually have to get a permit to buy a handgun there from the CLEO and thats what they most likely ment by the "permit to carry" comment.

I would have thought Nebraska to have been more gun friendly.

HskrVern
04-28-2010, 6:50 PM
I would have thought Nebraska to have been more gun friendly.

One would think.

garandguy10
04-28-2010, 6:56 PM
Sadly, the shooter will likley face a civil suit by the deceased thugs relatives.

advocatusdiaboli
04-28-2010, 7:43 PM
Thats what I gathered too. And it appears that he may not get cited for it.

He'd be in jail if it were the Bay Area Province of the PRK. He seriously infringed on the BG's rights to use a firearm to rob (BGs have no gun restrictions at all since they don't abide laws and Kalifornia seems to recognize that right--especially if they are illegal aliens and therefore not citizens of the US and subject to it's laws) and would have to pay with a conviction of felony manslaughter--I am sure Kamila Harris would try to make it pre-meditated because he brought the gun in with him. Fortunately, his state isn't in the Federation of Bizarro States (FBS--some people think it means Friggin' Bull Sh*t and they are right too) and common sense applies.

Falstaff
04-28-2010, 8:25 PM
I'm going to call shenannigans.

No permit is required to carry. However, a permit is required to carry concealed.

This could be interesting...

Nice to see that your ignorance of other states laws doesn't inhibit you in the least from just popping off with random assertions...

advocatusdiaboli
04-28-2010, 9:25 PM
Nice to see that your ignorance of other states laws doesn't inhibit you in the least from just popping off with random assertions...

Yeah, I agree. Let's not put FUD out if we don't know. Better to stay silent or contribute only in areas where we know. If we are speculating or unsure--that should be stated up front. Things are confusing enough especially here in the PRK without random made FUD.

pullnshoot25
04-29-2010, 7:28 AM
Nice to see that your ignorance of other states laws doesn't inhibit you in the least from just popping off with random assertions...

Yeah, I agree. Let's not put FUD out if we don't know. Better to stay silent or contribute only in areas where we know. If we are speculating or unsure--that should be stated up front. Things are confusing enough especially here in the PRK without random made FUD.

I am sorry, there seems to be some tool-think going on at Spacely Sprockets. Do EITHER of you have a citation showing where I am wrong or is your reading comprehension so abnormally hindered that you have been reduced to becoming mindless parrots?

A permit to purchase is NOT a permit to carry. To OPEN CARRY, one does not need a permit in Nebraska. To CONCEAL CARRY, one needs a CONCEALED WEAPONS permit. HOWEVER, I did forget to mention earlier (sorry to deprive the two Spacely Sprocket employees in question this vital information) that Omaha (the setting for this story) DOES require a permit to carry a weapon, OPEN OR CONCEALED, as there is no such thing as complete pre-emption in Nebraska. Thus, that MAY be the issue at hand with this story.

Off of the Nebraska State Police Website

§I already have a permit to purchase handguns, isn’t that adequate?

No, a permit to carry a concealed handgun is not the same thing as, and does not take the place of, a permit to purchase a handgun. A handgun purchase permit is required by Nebraska Revised Statutes § 69-2403 for purchases of handguns in Nebraska. A permit to carry a concealed handgun does not entitle the permit holder to purchase a handgun in Nebraska. Even though some of the requirements are similar, each permit is independent and all of the requirements for each type of permit must be satisfied independently. Fingerprints, photographs, or a record check completed for one permit may not be used to satisfy the requirements for the other permit. Permits to purchase handguns are obtained from the Chief of Police or Sheriff. The permit to carry a concealed handgun is obtained from the Nebraska State Patrol.

Notice that to purchase a handgun IN NEBRASKA, one needs a PTP. I believe that lawfully importing from another state doesn't really require any other action, though I could be wrong.

Just let me know when you two would like a cosmo-fried crow to eat.

SJgunguy24
04-29-2010, 7:45 AM
Any bets his application for a CCW is approved?

One would hope. I like the line by the DA, "He didn't let them get more than past the metal detectors," Kleine said. He decided he wouldn't file any charges, even adding that McCullough did the right thing.

In California, most of the DA's would find something to lock this guy up for.

Aleksandr Mravinsky
04-29-2010, 6:25 PM
In California, most of the DA's would find something to lock this guy up for.

"What? He actually helped someone? THIS IS UNACCEPTABLE!"

Personally I am happy for the guy. Too bad this isn't getting as much coverage as it should. Should be spread to prove that CCW'ers aren't endangering the lives of average people.

CalNRA
04-30-2010, 3:19 AM
I would have thought Nebraska to have been more gun friendly.

a lot of the rural regions have a prejudice against handguns. Lots of people there own guns, like 870s and 70s, but not EBRs and handguns.

VW*Mike
04-30-2010, 8:27 AM
My buddy in Omaha sent me this via email, amazing how stuff works in another state. If it were Ca, the victims family would be on the news with their lawyer announcing that they are suing the guy, the store, and the police for the death of their "good hearted kid" and the citizen would be in jail charged with murder.........

gunsmith
04-30-2010, 11:32 AM
He'd be in jail if it were the Bay Area Province of the PRK. He seriously infringed on the BG's rights to use a firearm to rob (BGs have no gun restrictions at all since they don't abide laws and Kalifornia seems to recognize that right--especially if they are illegal aliens and therefore not citizens of the US and subject to it's laws) and would have to pay with a conviction of felony manslaughter--I am sure Kamila Harris would try to make it pre-meditated because he brought the gun in with him. Fortunately, his state isn't in the Federation of Bizarro States (FBS--some people think it means Friggin' Bull Sh*t and they are right too) and common sense applies.

ianal but I seem to recall there was a case quite a few yrs ago, a guy was turned down for ccw, and carried anyway. He was attacked by some taggers after writing down plate numbers of their car. he opened fire and killed one, he couldn't be prosecuted due to exemptions in State law for justified self defense.

bodger
04-30-2010, 12:23 PM
The poor perps were just trying to feed their families. :rolleyes:

HskrVern
05-28-2010, 4:36 PM
Bump for update.

Window_Seat
05-28-2010, 4:39 PM
One more for the good guys, and the law-abiding. The CA Legislature better take heed.

Erik.

HokeySon
05-28-2010, 5:56 PM
Retroactively I hope. Now let's hope there is no civil suit.

There probably will be, let hope he has insurance.

SJgunguy24
05-29-2010, 4:23 AM
ianal but I seem to recall there was a case quite a few yrs ago, a guy was turned down for ccw, and carried anyway. He was attacked by some taggers after writing down plate numbers of their car. he opened fire and killed one, he couldn't be prosecuted due to exemptions in State law for justified self defense.

Don't know of this case exactly but the shooter could still get hooked up for illegal CCW and maybe illegal discharge of a firearm. No murder or manslaughter charges but a whole slew of other crap can be trumped up by a DA, especially if elections are coming up and somebody wants to be tough on "Gun Crime":rolleyes:

God this state is bassackwards

socal2310
05-29-2010, 8:22 AM
Don't know of this case exactly but the shooter could still get hooked up for illegal CCW and maybe illegal discharge of a firearm. No murder or manslaughter charges but a whole slew of other crap can be trumped up by a DA, especially if elections are coming up and somebody wants to be tough on "Gun Crime":rolleyes:

God this state is bassackwards

FUD. California is no gunowner's paradise, and definitely discriminates against those who anticipate the need to defend themselves, but it usually treats those who ACTUALLY defend themselves pretty fairly.

If you can show me a malicious prosecution of a clean self defense shooter, I'll be happy to reconsider the above statement. Even the Los Angeles DA declined to prosecute someone with a felony record who retrieved a firearm to protect his girlfriend and her mother.

As a matter of fact, I've seen a number of self defense stories with enough color that the CGF wouldn't touch them with a ten foot pole end with no charges.

Civil liability on the other hand, leaves a lot to be desired.

Ryan

HokeySon
05-29-2010, 11:34 AM
FUD. California is no gunowner's paradise, and definitely discriminates against those who anticipate the need to defend themselves, but it usually treats those who ACTUALLY defend themselves pretty fairly.

If you can show me a malicious prosecution of a clean self defense shooter, I'll be happy to reconsider the above statement. Even the Los Angeles DA declined to prosecute someone with a felony record who retrieved a firearm to protect his girlfriend and her mother.

As a matter of fact, I've seen a number of self defense stories with enough color that the CGF wouldn't touch them with a ten foot pole end with no charges.

Civil liability on the other hand, leaves a lot to be desired.

Ryan

Just had a case sent to me (but this is not privileged information)-- cal case, convicted D, on appeal ..... husband has argument with neighbor ... starts to go badly for husband ... wife retrieves gun ... stays on her property .. tells neighbor to back off ... neighbor retreats, calls sheriff ... Sheriff arrives ... wife tells sheriff gun is in nightstand .... sheriff retrieves gun and confirms with "victim" (neighbor) that was gun that was brandished ... sheriff asks Husband if there are any other guns in the house ... He says shotgun is in the closet down stairs and that Sheriff can go get it ... sheriff goes to the closet in the downstairs room of a boarder in the house (wrong closet) ... opens bag (large enough to contain shotgun) and find meth and sale paraphernalia .... wife charged and convicted of brandishing and pss'n of meth for sale.

No exactly a clean self defense shooting, but does show (to me at least), that the person with the gun is going to get a thorough going over.

No reason not to use justifiable force in the right situation, of course. Just that you are gonna get looked at with hindsight if you do. I can live with that, better than being dead. A good lesson for the "I got nothing to hide, so I let them search" crowd. Also a good lesson in making sure you know who you are renting a room to.

santamonica9
05-29-2010, 12:39 PM
stupid Komy Kali would take the side of the theives.... how dare you shoot a person in a store while a robbery is starting up!?! You are now going to jail for protecting the store & all the innocent human beings

Cali voters please help vote all of the incumbents out - dems want to take our gun rights away & the republicans are too scared to stop them - vote all these idiots out!

you dont see how they keep adding more gun laws. their ultimate goal is to disarm all of us law abiding citizens