Store's owner says he fired weapon out of fear
By Tonya Root - [email protected]

CONWAY –– A Myrtle Beach man facing a murder charge told a jury Wednesday, just before the panel began deliberations, that he shot a man out of fear for his own life.

The Horry County jury will continue their deliberations today in the case of Eli Eliyahu, who is accused of shooting to death a customer, Bradley Pope 23, of Myrtle Beach outside a Garden City Beach beachwear store.

The nine-woman, three-man jury stalled Wednesday after deliberating for about an hour. They will resume today when a video expert from Charleston returns to the courtroom to replay a video that was shown during the trial, which began on Monday.

But before Wednesday's delay Eli Eliyahu testified that he shot Pope June 8, 2007, because he feared for his life after the two had a confrontation in Eliyahu's beachwear store, Jaws Resort Wear in Garden City Beach.

Eliyahu's attorney, Tommy Brittain asked Eliyahu: "Why did you shoot him?"

Eliyahu testified: "I felt my life was threatened. ... I didn't see a weapon, but I didn't know if he had one. I didn't know if he was going to take my weapon. He was angry. He was pissed off."

"I thought I had the right to go out into my parking lot and get the plate information so he would be held accountable for what he did," Eliyahu said. "I was afraid for my life. I thought this man was really going to do some harm on me."

Eliyahu was originally charged with voluntary manslaughter, but later a grand jury returned an indictment for murder after prosecutors sought the upgraded charge.

The 24-year-old Myrtle Beach native told jurors Wednesday that he approached two women with three children and Pope in the store that morning about controlling the children to keep them from harming themselves.

Eliyahu said Pope confronted him, "shoulder bumped" him and then put his hand on Eliyahu's neck and shoved him before the group left the store. That incident was caught on the store's security system and jurors asked to see the video again.

Eliyahu said he immediately called 911 dispatch and followed the family outside to get the license plate number of the vehicle they were leaving in.

Eliyahu said Pope threatened him in the parking lot and charged at him, prompting him to pull a gun from his pants and yell for Pope to leave the property. Eliyahu said Pope charged at him and he shot him.

Eliyahu had a permit to carry a concealed weapon and testified he'd carried the gun for about a year for protection before the incident.

"I wanted to get the pistol to protect myself at nights at the beachwear store. At night you get a different crowd in there. They can be drunk and belligerent. I wanted to protect myself and my employees."

Assistant Solicitor Brad Richardson said Eliyahu had 22 bullets on him when the shooting occurred.

Pope's family members said they are hopeful the jury is reviewing the evidence in the case to return a guilty verdict.

"If it will serve justice I respect the jury's tenacity in getting to the point," said Lloyd Georges, Pope's grandfather.

Eliyahu's other attorney, Preston Brittan, said they are hopeful the jury will review the evidence and find Eliyahu was justified in the incident.

"We're looking to trust the system to work," Brittan said.

http://www.thesunnews.com/news/local/story/934101.html

Hmmmm.

Depends on what the video shows. Just going out into the parking lot to get the plate might not sink the shooter, although it does maybe give the impression of chasing after the guy out of anger.





What do you have to show to use a firearm in VA? If you have to be in fear of serious bodily injury or somesuch having the guy previously push you then run towards you will be a tough sell.



 

Unless I'm reading it wrong and I looked at a couple of times, the gun did not come out till the end.

I would for sure say good shoot if the guy charged a man holding a weapon.

Good shoot, but it is easy to see how it became a criminal case. I hope he gets off.

If he charged a guy knowing he had a gun drawn, good shoot.

I don't.

Remember the girl in Manhatten who told a mugger "Whatya gonna do, shoot me?" Some people just figure the other person won't shoot, I guess.

Yep.

I have seen all manner of stupidity. So nothing really surprises me anymore.

Not hard at all.

You see, lots of people have had a gun pulled on them before. Especially people who live on the other side of the law. Pulling a gun on them doesn't mean anything to them....especially if you look scared to death. They figure you probably don't have the sand to shoot, or they are so pissed off they don't care if you DO shoot, they are going to fuck you up anyway. Stop and ponder that for a minute: There are people out there who don't give a damn if you do kill them...they are going to fuck you up anyway.

From the information in the story I'd rule not guilty. The benefit of the doubt has to go to the guy who wasn't breaking the law.

It doesn't appear that this happened in Virginia....

But in Virginia:

- There is no duty to retreat when you are obeying the law
- There is no duty to retreat in your home or property
- Deadly force is generally justified only when there is an imminent threat of serious/grave bodily harm
- A disparity of force alone is generally insufficient to qualify as a justification for deadly force

Perhaps you don't see things this way, but if some dickhead lays hands on me he's going to answer for it. I don't assault people, partially because it's morally wrong and partially because it's illegal. I expect others to behave the same way. If someone decides that he's going to ignore propriety and the law and lay hands on me, then he's going to be held accountable for it before the law. Period.