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Armed robber sues victim.

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Armed robber sues victim.

Old 06-18-06, 11:06 PM
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Armed robber sues victim.

http://www.upi.com/NewsTrack/view.ph...2-090711-6961r

Robber sues victims over beating

ROCHESTER, N.Y., June 12 (UPI) -- A convicted robber in New York is suing over the reported beating he received from the two AutoZone employees he robbed.

Moments after Dana Buckman brandished a 9mm semiautomatic pistol to steal cash from an AutoZone store in Rochester, N.Y., employees Eli Crespo and Jerry Vega beat him with a metal pipe and held him at bay with his own gun, the Rochester Democrat and Chronicle reported.

Buckman escaped when Crespo and Vega recovered the money and went to call 911. He was arrested a week later, pleaded guilty to first-degree robbery and was sentenced to 18 years in prison as a repeat violent felon.

Buckman is suing AutoZone and the two employees, claiming they committed assault and battery and intentionally inflicted emotional distress, the newspaper said.
Old 06-18-06, 11:13 PM
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I hope that guy ends up on the wrong side of a shank.

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Old 06-18-06, 11:15 PM
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What a dumbarse!
Old 06-18-06, 11:31 PM
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Hehe... AutoZone employees getting sued for battery....
Old 06-19-06, 01:25 AM
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At least give the guy credit for figuring out how to get the attention of an AutoZone employee.
Old 06-19-06, 03:47 AM
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Originally Posted by TomOpus
Hehe... AutoZone employees getting sued for battery....
Old 06-19-06, 06:07 AM
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there needs to be a law that if you're committing a crime you can't sue
Old 06-19-06, 06:26 AM
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Hopefully, the judge will find for Autozone, et al., and what little money Mr. Buckman can scrape together for toothpaste and cigs at the prison commisary will go to them instead to cover legal costs.
Old 06-19-06, 07:14 AM
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Isn't there a precedent for this in favor of the "victim". I seem to recall a story a few years ago where a guy broke into someone's house, got shot, and then sued the homeowner and won.
Old 06-19-06, 07:37 AM
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I don't know what the law is in NY, but the right to use force against someone who attempts to rob you is not unlimited. Generally, one can use unlimited non-lethal force when he is in reasonable apprehension of force being used against him. In other words, they can beat up on this guy while he is brandishing a gun. But, when they take his gun and he is lying on the floor, any subsequent wailing may be considered an assault.
Old 06-19-06, 07:40 AM
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If the judge doesn't thow this out, there is no hope for our country.
Old 06-19-06, 07:51 AM
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Originally Posted by BobDole42
I don't know what the law is in NY, but the right to use force against someone who attempts to rob you is not unlimited. Generally, one can use unlimited non-lethal force when he is in reasonable apprehension of force being used against him. In other words, they can beat up on this guy while he is brandishing a gun. But, when they take his gun and he is lying on the floor, any subsequent wailing may be considered an assault.
Yes, and that's exactly the way it should be. Just because somebody tried to rob you doesn't give you the right to throw him in your fruit cellar, chain him up and torture him for weeks. There are points where one crime ceases and another begins. Unless you're George Bush, revenge is not a valid legal defense.
Old 06-19-06, 08:14 AM
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No poll?
Old 06-19-06, 08:20 AM
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I think Mr. Buckman is lucky these guys weren't from Pep Boys.
Old 06-19-06, 08:20 AM
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Originally Posted by Numanoid
Yes, and that's exactly the way it should be. Just because somebody tried to rob you doesn't give you the right to throw him in your fruit cellar, chain him up and torture him for weeks.
How about an old freezer....and maybe a weekend? Is there room to negotiate?

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Old 06-19-06, 08:35 AM
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If he wins we'll have to throw out the old saying "Crime doesn't pay."
Old 06-19-06, 08:47 AM
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I'm surprised he didn't go all the way and claim the Autozone employees violated his civil rights.
Old 06-19-06, 08:51 AM
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with the mess our court system is in, i wouldn't be surprised if they find for the 'victim'.
Old 06-19-06, 10:37 AM
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Originally Posted by Numanoid
Yes, and that's exactly the way it should be. Just because somebody tried to rob you doesn't give you the right to throw him in your fruit cellar, chain him up and torture him for weeks. There are points where one crime ceases and another begins. Unless you're George Bush, revenge is not a valid legal defense.
Let the off-topic political jabs begin!
Old 06-19-06, 10:45 AM
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Originally Posted by mikehunt
there needs to be a law that if you're committing a crime you can't sue


Kind of a vage statement....
Old 06-19-06, 10:51 AM
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While it seems a little extreme to have an armed robber suing someone, I cannot in principle disagree with his rights to do that. In any civilised society there has to be some sort of definition of acceptable response to provocation. Once we define acceptable response, then responses outside that area become unacceptable.

Originally Posted by mikehunt
there needs to be a law that if you're committing a crime you can't sue
Ok, but consider this, my family’s starving and I’m broke, I go to the local store and I steal a loaf of bread that I need to feed my family. The shopkeeper catches me doing it and takes me hostage torturing me for months, before eventually killing me.

Under the above suggestion there would be no problem with the shopkeeper’s actions. I was clearly breaking the law in stealing the bread.

We need to agree what is and is not a proportionate response. I don’t believe that in the scenario above the shopkeeper’s response would have been proportionate. Therefore I feel that he should be arrested.

Regarding the case that initiated this thread their response seems far more proportionate, they were afraid of the robber with the gun and acted accordingly. It should be IMHO for a jury with full possession of the facts to actually determine whether their response was in deed proportionate or whether they just took the opportunity to enact their own violence in return.

In the latter case then I would find against them and want to see them pay for their actions.
Old 06-19-06, 11:08 AM
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Originally Posted by Numanoid
Yes, and that's exactly the way it should be. Just because somebody tried to rob you doesn't give you the right to throw him in your fruit cellar, chain him up and torture him for weeks.
So you're saying I should let those people out of my basement? Then who's going to make my counterfeit jeans, huh?
Old 06-19-06, 11:45 AM
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I can't believe that a lawyer would even take on this case. I hope it's dismissed. There's a difference between shooting a guy and preventing yourself from dying from a guy who has a gun.
Old 06-19-06, 12:13 PM
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Originally Posted by Green Smurf
I can't believe that a lawyer would even take on this case.
You have more regard for lawyers than I do as I can see plenty of them wanting to represent him.
Old 06-19-06, 12:25 PM
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If the beating continued after the robber was disarmed, then he has a legit case.

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