Fort Wayne, Indiana

From the Fort Wayne Journal-Gazette of July 9, 2005

Merchant ends holdup, shoots robber

A discount tobacco store owner shot and critically wounded a would-be robber after he took money from the proprietor at gunpoint Friday night, Fort Wayne police said.

The gunman, whose name was withheld, approached the owner at his business, the Smokehouse Tobacco Outlet, 2217 S. Lafayette St., at 7:41 p.m., demanding money, Fort Wayne police spokeswoman Robin Thompson said.

The proprietor gave the man cash, then pulled a gun while the would-be robber was walking away from the counter.

The proprietor fired several shots, hitting the intruder, Thompson said.

The would-be robber, who is in his 20s, was taken to a hospital in critical condition, Thompson said.

One customer was inside the store and another was outside, Thompson said, but neither was injured.

The owner of the store was taken to police headquarters on Creighton Avenue to be interviewed.

Prosecutors will decide whether he acted in self-defense or whether his actions warrant criminal charges. No charges had been filed as of late Friday.
…

There have been other holdups in recent years in which would-be robbers were shot and killed.

A man who tried to rob a downtown liquor store in August 2003 was killed when he faced a counterattack by an employee. Cecil Eugene Wilson, 25, was shot to death during the robbery attempt at Cap n’ Cork, 1031 Broadway.

The shooter, Matthew Novak, was cleared of any criminal charges.

In November 2002, an employee at a gas station shot and killed a would-be robber. Patrick E. Byrd Jr., 26, was shot multiple times after he entered Sunoco, 5133 Coldwater Road, pointed a gun at the employee and demanded money.

The employee, John W. Washington III, pulled his own gun and fired several shots. He then followed Byrd out the door and fired more shots. Byrd, who did not fire his weapon, died at a hospital. Washington was not charged in the shooting.

From FortWayne.com of September 7, 2005

Shooting at store deemed defense

Prosecutor said owner had reason to believe he would be harmed.

The owner of a discount tobacco store on South Lafayette Street was justified when he shot a man police said was trying to rob the business, the Allen County Prosecutor’s Office has determined.

Prosecutor Karen Richards said store owner Mike Venable acted in self-defense when he shot Lee J. Church after Church pulled a gun and demanded cash. Richards said she watched a videotape of the incident, and was convinced Venable had reason to believe he would be harmed if he did not comply with Church’s demands.

Richards said Church carried a gun that used a carbon dioxide cartridge to fire projectiles. The weapon resembled a semi-automatic pistol, the prosecutor said, but did not fire actual bullets.

Police said Church entered the store about 7:45 p.m. July 8, pulled the gun and demanded money. Venable gave him cash from the store’s register, then police said Church said he also wanted money from the sale of lottery tickets that was kept separately from the store receipts.

Venable began to back away from the counter, a police report said, and Church walked toward him. Venable then retrieved a gun he kept behind the counter and fired, striking Church.

Church has been charged with felony counts of robbery and false informing. Police said he initially told them his name was Anthony White, but said they learned his true identity two days after the shooting when his mother called detectives and said she believed her son might have been involved in the attempted robbery and shooting. Church’s mother eventually identified him through tattoos on his body, police said.

Church, who suffered critical injuries, is being held in the Allen County Jail pending an initial court appearance.