Customer Shoots, Kills Would-Be Armed Robber

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OMAHA, Neb.

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 stumbled out of the store and collapsed.The wounded robber 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. The 17-year-old has been arrested on suspicion of robbery and use of a weapon to commit a felony.Investigators said the customer was questioned and released after conferring with the Douglas County attorney.Second Fatal Shooting Investigated Outside BusinessA second shooting took place at the JND Grocery store near 24th Street and Redick Avenue around 10 p.m.Investigators said they found 19-year-old Devon Brown near the door of the business with life-threatening gunshot wounds.Paramedics tried to resuscitate Brown, but he died on the way to the hospital, police said.

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

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jwidman wrote:

OMAHA, Neb.

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 stumbled out of the store and collapsed.The wounded robber 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. The 17-year-old has been arrested on suspicion of robbery and use of a weapon to commit a felony.Investigators said the customer was questioned and released after conferring with the Douglas County attorney.Second Fatal Shooting Investigated Outside BusinessA second shooting took place at the JND Grocery store near 24th Street and Redick Avenue around 10 p.m.Investigators said they found 19-year-old Devon Brown near the door of the business with life-threatening gunshot wounds.Paramedics tried to resuscitate Brown, but he died on the way to the hospital, police said.

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

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For the benefit of us non-Nebraskans, can someone answer my question: Huh??

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Me too.

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The city of Omaha requires a city open carry permit to carry openly only. They also allow the state CCW permit to carry openly. The person only had an open carry permit so they charged him with a misdemeaner for carrying concealed. He had the gun in his waistband.

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Gotcha. Why do they have to make being a law-abiding citizen so difficult?

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He shouldn't have talked to the Police. How do they know he wasn't carrying "openly"? It's up to them to prove it............(how he was carrying)

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xenophon wrote:

He shouldn't have talked to the Police. How do they know he wasn't carrying "openly"? It's up to them to prove it............(how he was carrying)

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I agree with you on this. The problem is that witnesses stated he pulled it from the waistband also.

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Hopefully this charge will be dropped or he will be found not guilty. Sometimes this is the case (depending on state) because, since he actually had to use his firearm to protect life, its almost impossible to find him guilty without violating his rights, and I think you also have a high risk of Jury Nullification.

My shoot was similar, and VA declined to prosecute on the concealed without a permit.
I've read of similar cases that went to trial in WI and the guy was found Not Guilty by a judge. (odd parallel, we were both pizza delivery guys too)

The argument is, if you have a valid fear your life is in immediate danger, it is actually a defense against a carrying concealed charge. It is not possible for a prosecutor to argue you didn't have a reasonable fear of immediate danger because the facts already prove you 100% had reason to fear immediate danger.

There is a thread about the WI case that goes into detail on this but I can't find it. (ok i didn't try super hard)

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On the good news front, it is getting more dangerous to be a criminal in Nebraska. Let the deterrent effect begin. I'll bet the family and loved ones of most convenience store clerks and businesses such as Walgreen's don't want the citizen charged with anything.

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"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.

Douglas County Attorney Don Kleine has spoken the truth here.

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IMO, this just goes to show that even an 'illegal' gun on the scene (in the hands of an armed citizen) can stop crime/save lives. Good for him...however he was carrying it. No criticism from me! Nor do I have any criticisim of ANYONEwho carries 'illegally' (criminals/lowlifes excluded of course).

If I had been carrying 'illegally" (althoughI can't recall if I ever did for 25 years, or if I did I'd cite the 5th Amendment), I knew I could be 'outed' someday if something happened and I had to get involved, but to me it would have been worth the 'crime.' It was the permit lawsthat were the crime, not me carrying 'illegally' (if, of course, that's what I was doing -- don't recall).

For many years I have been saying that I'd like to see a FEDERAL law (i.e., it would serve as a defense in any charges for carrying 'illegally' inany stateof the Union, even repressiveHawaii) saying that if a person got caught carrying a gun illegally, but this was only found out later when he/she was 'outed'after intervening/preventing a crime/death/bodily harm (or simply TRYING to), said person would NOT be charged with any crime of illegal carry NOR would his/her gun be confiscated. That would prevent a person from being prosecuted (or their property taken) for doing a public service. Any other time if said person was stopped and searched (as part of some other incident) then they COULD be charged with carrying illegally (until those stupid AND illegal laws areeventually repealedI hope). IMO, such a 'preemption law' would serve the SPIRIT of laws in general: To PROTECT people. And if people were PROTECTED, then where is the crime?

Being fired for violating corporate (or school) policy might even be included, but even if not, at least no criminal charges would be allowed (nor would civilsuits by the criminal's lawyer or family).

Of course, I'm just daydreaming again, butstill, people who dothe RIGHT thing using their gun -- legally carriedor not -- should NOT be prosecuted...or even charged.

Even, for example, in a public school if an 'illegally carrying'teacher takes out a shooter in the building: I'm sure the PARENTS of any children saved would not care at all if the gun were 'legal' or not, just thata gunwas THERE to save their kids. I can't imagine even ONE parent complaining about an 'illegal gun' being present when their own kid was saved because of it.

So in this case, and IMO, the end certainly DOES justify the means.

-- John D.

P.S. It appears the citizen just gunned the POS down...no conversation withsaid POS, no hesitation, just started drilling the POS with bullets. He saw the crime happening, drew and fired.A 'most excellent' response and anexample to all of us.

P.P.S. I hope that this person doesn't get suedbecause he used an 'illegal' gun to kill the criminal, instead ofa 'legal' gun (permitted/legal carry). A lawyer might argue that becausethe 'good samaritan' citizenwas carrying ilegally,he is NOTprotected (by any "castle doctrine) from a civil lawsuit by the criminal's familly. We shall see.

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xenophon wrote:

He shouldn't have talked to the Police. How do they know he wasn't carrying "openly"? It's up to them to prove it............(how he was carrying)

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well
lets see here
they said he was carrying in his waistband
so therefore he did not have an OWB holster(or any holster for that purpose)
So by reading the thread I think the cops would notice he was not open carrying
unless he was holding it in his hand which would be brandishing

common sense will answer most questions

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Still looking into the charge for ccw. They are talking to the witnesses to try and figure out if the weapon was completely concealed or not.His lawyer is trying to get the charge dropped.The police took his gun and could take up to a year to get it back if at all.The NFOA( Nebraska Firearms Owners Assc) has stepped up to help him out and he will get a new carry weapon from them.

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http://www.action3news.com/Global/story.asp?S=12401080

Man with Empty Gun, Shot and Killed

Omaha, NE-There are new detailsinthe deadly robbery attempt of the Benson Walgreens. Prosecutors say the would-be robberwas shot at eight times, and hit four times by an armed customer, James McCullough.

The robbery attempt goes down Monday night atWalgreens at 61st and Northwest Radial in Benson justafter 9:00 p.m.18-year-old MarquailThomas, along withAngelo Douglas, goes into the business.Douglas County Attorney Don Kleine says Thomas was carrying an unloaded, short shotgun.

As Marquail aims the gun at customers,McCullough pulls out his own handgun and fires, hitting and killing Marquail.

Marquail is reportedly shotin the chest, lower back, arm and hand. One bullet, even ends up inside Marquail's shotgun. Today, Thomas's mother tries to come to grips with Monday night's events."I can't tell you to be honest why he did what he did, he was hurting, he was hurting," says Kim Thomas.

Thomas says her son was influenced by gangsand she wants no retaliation. As for the man who shot her son, she doesn't agree with him just getting a ticket and doesn't understand why he shot so many times."I've already forgiven him, I've forgiven him. At the end of the day my son is resting, he's peaceful, he's happy. The gentleman who did what he did, he can't sleep at night."

At the scene, amemorial is growing for Marquail. His family tells me he went to church every Sunday. They say it was just recentlyhe started hanging around this new crowd and they actually prepared themselves for his death.His funeral will be next week.

The two other teens charged in the case are both in jail. A judge set bond for 17-year-old Angelo Douglas at one-million dollars. 15-year-old Jauvier is being held on $750,000 bond; despite their ages, both are charged as adults.

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Wow. It sounds like they are building the robber up as the victim here.

Who cares if the shotgun turned out to be unloaded. All guns are loaded--especially those held by others pointed at you. Good on McCullough.

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"As for the man who shot her son, she...doesn't understand why he shot so many times."

Douglas County Attorney Don Kleine already answered that question.

"People shouldn't enter stores with short shotguns and try and rob people. And it's as simple as that."

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http://www.wowt.com/news/headlines/92532359.html?ref=359

Gun Organization Raising Money For Walgreens' Shooter

The Nebraska Firearms Owner Association has offered to buy a new handgun for the man who shot and killed a robbery suspect at an Omaha Walgreens.

Harry "James" McCullough, 32, said he's been overwhelmed by the support from people appreciative of his actions. On Monday, April 26th, he noticed two men, one of them armed with a shotgun, threaten the clerk and another customer at the Walgreens on 61st and NW Radial. That's when he shot the man 4-times, killing him. McCullough then held down the other suspect until police arrived. "You only have one chance," is what he told reporters on Thursday about his reaction.

McCullough who worked in corporate security shoots competitively twice a month at a local gun club. "I carry (my gun) everywhere. It's like a wallet."

Omaha Police have taken his gun, a Smith and Wesson 40-caliber, for the investigation. It may take months for him to get it back.

Douglas County Attorney Don Kleine determined the shooting was justified.

Andy Allen, President of the Nebraska Firearms Owner Association said on the website: "He needs a new carry gun, and the NFOA Board of Directors has made arrangements with an FFL member in the Omaha area to get another S&W for him at dealer cost. The Board has also offered to pay for this firearm for him, and request donations from our members to cover this expense. We had not intended to publicize this donation at this time, but Mr. McCullough thought we should be recognized for our efforts to help him continue to have a way to protect himself."

McCullough was ticketed for carrying concealed without a permit. Omaha city prosecutor Marty Conboy hasn't determined if there is enough evidence to charge him.

McCullough's attorney believes the citation should be dropped because of the lives he saved.

Andy Allen talked to Channel 6 News Friday. He tells us enough money has been promised to buy McCullough a gun. However, when McCullough went to OPD Headquarters Friday afternoon to apply for a permit to buy a new gun, his permit was denied. Allen says no reason was given by police for the denial.

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You need to have permission to buy a gun in Nebraska? That is an intolerable violation of the 2A.

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Ah the great Omaha gun registration.... In the city you need to register your hangun before you can pick it up from the FFL.They think it keeps illegal guns off the streets.Starting in mid June they can no longer require CCW holders to register their hanguns.The state stepped up and clarified the laws this year.Without ccw you will still be required to register.