Durham, North Carolina

From the Durham Herald-Sun of October 21, 2005

City closes illegal nightclub

Authorities have ordered the closing of an illegal night spot where a robber was killed in a basement shootout a week ago, but no charges have been filed against the club operators or the man who killed the armed intruder.

Durham Police Detective S.W. Vaughan said the multi-faceted probe is exploring, among other elements, whether gambling or other illegal activities were taking place at the club, operated by Daryl Taylor from the basement of the Holloway Service Store. The retail and grocery store at 1505 Holloway St. is owned by James L. and Joanne Boyette, who were issued an order from the City/County Planning Department to close the club on Tuesday.

Attempts to obtain comments from James Boyette were not successful.

The gun recovered from the slain 18-year-old, Brandon Brown of Lynn Road, is being traced for links to other crimes, Vaughan said, because Brown was only 18 and the legal age for a person to have a permit for a gun in North Carolina is 21.

Police cited witness accounts that Brown entered the private club armed with a gun, then threatened and robbed 38-year-old patron Michael Henderson. When Brown turned and threatened to shoot other patrons, Henderson drew his concealed gun and fired two shots, injuring Brown's hand, police said.

At that point Brown began firing random shots in several directions, and Henderson returned fire with fatal results, police said. Vaughan said Henderson had a permit for his weapon.