Milwaukee, Wisconsin

From the Milwaukee Journal-Sentinel of July 21, 2006
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Pizza delivery driver won't be charged in shooting

A 35-year-old pizza delivery man who shot a 14-year-old boy he said was trying to rob him won't face criminal charges.

Milwaukee County Assistant District Attorney Irene Parthum, who reviewed the July 14 incident, said Andres Vegas of Cudahy was acting in self-defense when he shot the boy, who himself was wielding a BB gun pistol. Police said at the time that the 14-year-old suffered non-life-threatening wounds to the shoulder, hand and buttock.

Parthum also said Vegas, who had been delivering a pizza in the 2400 block of N. 34th St. at the time of the shooting, won't be charged for carrying a concealed firearm because he had been robbed during a delivery last year and, under state weapons law, had a reasonable belief he needed to protect himself.

The 14-year-old and a 13-year-old who may have been his accomplice could be charged next week in Children's Court, prosecutors there said.

Emphasis ours. This is explained in an article by Clayton in the September 2003 Shotgun News, which you can find here. Pages 3 through 8. (.pdf file)

From the Milwaukee Journal Sentinel of January 31, 2007

Deliveryman who shot 2 is charged

Prosecutors say shootings justified, but gun concealed

A pizza deliveryman who has shot two people on the job in the past seven months was hit with his first criminal charge Wednesday: carrying a concealed weapon.

Andres Vegas, 46, who told authorities that the teenagers he shot last month and in July were trying to rob him, appeared in court and was released on a $1,500 signature bond Wednesday. He faces up to nine months in jail and a $10,000 fine if convicted of the misdemeanor. His next court appearance is scheduled for Feb. 19.

According to the criminal complaint, Vegas, of Cudahy, was making a delivery in the 2800 block of N. 22nd St. on the evening of Jan. 4 for Mona Lisa Pizza, 4831 W. North Ave. As he got out of his car, he was approached by an armed assailant. Vegas then reached into his car's passenger seat, got his .32 semi-automatic pistol and shot his assailant, the complaint says; he then waited for police.

The complaint says the suspect admitted trying to rob Vegas, who prosecutors then determined was justified in the shooting. But because Vegas' gun had been on "the front passenger seat beside the pizzas," it met the definition of a concealed weapon.

The complaint also says that "prosecutorial discretion" was why Vegas wasn't charged in the July shooting, even though he "admitted to carrying a gun on his person in a concealed manner." But Vegas was warned then that he could not carry a concealed gun for protection on his job.

Wisconsin needs to drag itself into the 21st Century, and become a Shall Issue State.

From Milwaukee’s WISN.com of September 24, 2007

Judge: Conceal-Carry Law 'Unconstitutional' In Shooting

Charges were dropped Monday morning against a Milwaukee pizza delivery man accused of shooting two would-be robbers, and in a 10-page statement, the judge said Wisconsin's law forbidding the carriage of a concealed weapon, as it pertains to this case, was unconstitutional.

Andres Vegas was delivering pizza near 22nd and Locust streets Jan. 4 when a 16-year-old pulled out a gun and demanded money, police said. Vegas was accused of pulling out his own gun and shooting the teen three times.

The incident in January was the second time in less than six months that Vegas shot someone who tried to rob him on the job. In July of 2006, a 14-year-old boy pulled a gun on Vegas, who retaliated by shooting the boy three times. Then-District Attorney E. Michael McCann said that since Vegas had been robbed in the past, state law said he had a reasonable belief that he needed to protect himself and did not file charges.

Following the latter case, Vegas was charged with carrying a concealed weapon and faced nine months in jail if convicted. That charge was dismissed Monday.

"He's happy the judge reached his decision and he appreciates being able to walk out of here after eight months of fighting this prosecution," Vegas' lawyer, Craig Mastantuono, said.

Mastantuono said two laws collide in this case. One constitutional amendment allows people to bear arms for certain purposes, such as self-defense, but another makes it illegal to carry a concealed and dangerous weapon.

"So you have this gap between what the amendment allows for in terms of protecting Wisconsin citizens and what the law bans. Right now this gap is the problem," Mastantuono said.

Milwaukee County Circuit Judge Daniel Noonan cited two previous cases, State v. Hamdan and State v. Fisher, in his decision.

Noonan said that Vegas "works in a dangerous, high crime area in the city" and "is engaged in a cash business activity that makes him a target of armed robberies." He also acknowledged that Vegas had been the victim of multiple violent crimes, that the gun was purchased legally for the "purpose of security and protection," and made a "strong inference that Vegas' concealed weapon has saved his life" in the past.

According to the National Rifle Association, 40 states have right-to-carry laws. The remaining 10 have very limited issue of permits and are not considered right-to-carry states. In Texas, having a concealed weapon means applying for a permit. In Vermont, no permit is necessary.

District Attorney John Chisholm's office said they will not appeal Noonan's decision and lawyers for Vegas said that he is no longer delivering pizzas.