Concealed weapons permit holder stops would-be robbers
June 17th, 2009 @ 1:26pm
MIDVALE –– A man with a concealed weapons permit stopped two would-be Midvale robbers from making off with his friend's stuff.

Police say the men were coming home from an errand around 7 a.m. Wednesday morning when they spotted the suspects with their things. The suspects took off on foot.

One of the men being robbed grabbed a gun from his truck and started running after them.

Midvale police Detective Sgt. John Salazar said, "Grabs a loaded .40-caliber handgun and chases with the gun, shooting rounds either into the air or into the ground as they were chasing."

The gunfire stopped the suspects dead in their tracks. The men held the robbers at gunpoint until police arrived and arrested them.

No one was hurt.

http://www.ksl.com/index.php?nid=148&sid=6851011

Video at link

Home owner shoots at home invasion burglary suspect
 Reported by: Annie Cutler
Last Update: 6/17 9:59 pm  


MIDVALE, Utah (ABC 4 News) - Two Midvale burglary suspects are behind bars after the homeowner walks in during the act. The burglary happened around 7:15 Wednesday morning at 280 West Center Street in Midvale.

Words were exchanged, then Alex Dicicco and Antonio Sanchez ran from the apartment. The homeowner's friend - who has a concealed weapons permit – grabbed his gun and fired warning shots at the suspects as he chased behind them. He held them both at gunpoint until police arrived.

With stray bullets flying just a block from an elementary school, the situation could have been much worse. The question is, was the homeowner's friend justified in firing his gun?

Midvale police recovered a bullet casing at the scene, but say two shots were fired towards Dicicco and Sanchez during their foot chase. Det. Sgt. John Salazar with the Midvale City Police Department says, “Thank goodness nobody was hurt. Two weeks ago school was in session.”

Was the shooter in the right for firing at the suspects? Concealed firearms instructor Clark Aposhian says, “You can only use deadly force as in firing bullets at someone in obvious immediate and imminent fear of death or bodily injury against you or an innocent third party.”

Police say that wasn't the case here. Det. Sgt. Salazar says, “We’re pretty positive we can say he was not in fear of his life.”

But police say the shooter wasn't aiming at the suspects, but shot either into the air or at the ground as a warning. Aposhian says that gets into a gray area, “Not that I would recommend that... it's not deadly force.” Since the suspects were running away from the shooter, he should not have engaged them. Aposhian says, “To the degree which you know that they're trying to flea you can't shoot them.”

That's a general rule that applies to all gun owners statewide. Aposhian: “Utah's laws of self defense and use of force are set by the state not by the city or a county or a municipality.”

Police say it's a natural instinct to want to stop a burglar and make them pay for their crimes but creating a potentially deadly situation for innocent Utahns is never ok.

Police did draw blood from the shooter and will be testing for drugs and alcohol in his system. If he tests positive for either one his concealed weapons permit will be revoked.

http://www.abc4.com/content/news/top%20stories/story/Home-owner-shoots-at-home-invasion-burglary/lzhivJg8U0Cyc8EX-sV9ig.cspx