Never Take A BB Gun To A Gunfight

[tt11758]

http://www.nola.com/crime/index.ssf/2011/09/metairie_store_clerk_shoots_ar.html

Authorities say Melvin Phillips walked into a Metairie convenience store early Saturday morning with the intention of robbing the place. But the only thing he got away with was a couple of bullet wounds.


Phillips, 33, was still hospitalized as of Tuesday after a clerk at the store opened fire and shot him "multiple times" in the torso, according to Sgt. Larry Dyess, spokesman for the Jefferson Parish Sheriff's Office. Once released, Phillips will be booked with attempted armed robbery.

The would-be holdup occurred in the 100 block of David Drive, an arrest report said. The suspect, later identified as Phillips, walked in around 4:40 a.m. and asked for a pack of cigarettes.

The clerk obliged. But instead of paying up, Phillips placed his wallet and a cell phone on the counter then demanded not only the cigarettes, but all of the money in the register, the arrest report said. Phillips revealed what appeared to be a large-caliber black semi-automatic pistol tucked into the waistband of his pants. Phillips threatened to shoot the clerk if he didn't comply, the report said.

The clerk handed over the cash from the register. But an agitated Phillips demanded more money. The clerk bent over behind the counter but stood up holding his own pistol, which had been in his pants pocket, the report said. Phillips moved as if to pull out his weapon. The clerk, fearing for his life, opened fire, striking the robber twice in the "upper torso," the report said.

Phillips ran out of the store to a vehicle in the parking lot, leaving behind his wallet and the cell phone. The clerk followed into the parking lot hoping to get information on the get-away car. The clerk opened fire again when he noticed Phillips attempting to get out of the car, the arrest report said.

The bullet struck the driver's side door, but it's unclear if Phillips was hit again. He drove northbound on David Drive, wrecking the vehicle in the 300 block, Dyess said. Deputies took him into custody, and he was transported to a local hospital.

Investigators found a pistol in the wrecked vehicle matching the description given by the clerk. They later determined the weapon was a BB gun, Dyess said.

The clerk in the case will not face any charges because he fired his weapon in self-defense, according to Dyess.

[tombogan03884]

" Phillips ran out of the store to a vehicle in the parking lot, leaving behind his wallet and the cell phone."

Another criminal genius.   

[jnevis]

I'd chalk it up to "only in New Orleans" but...

Clerk is pretty lucky.  The shots IN the store are clearly self-defense but chasing the guy outside and shooting again could be considered premeditation in a lot of places.

[tombogan03884]

"The clerk followed into the parking lot hoping to get information on the get-away car. The clerk opened fire again when he noticed Phillips attempting to get out of the car, the arrest report said."

Sounds like he was on fairly safe ground, his stated purpose was to get the plate number, and the robber starting to get back out of the car would have placed him back in fear of his life.