Good Samaritan Faces Charges After Shooting

Good Samaritan Faces Charges After Shooting

This is a discussion on Good Samaritan Faces Charges After Shooting within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Big time booboo Good Samaritan Faces Charges After Shooting Jason Gutierrez Has Concealed Weapons Permit POSTED: 6:02 pm EDT August 9, 2007 UPDATED: 6:55 pm ...

Page 1 of 4 1234 LastLast
Results 1 to 15 of 58

Thread: Good Samaritan Faces Charges After Shooting

  1. #1
    VIP Member
    Array Miggy's Avatar
    Join Date
    Jul 2005
    Location
    Miami-Dade, FL
    Posts
    6,258

    Good Samaritan Faces Charges After Shooting

    Big time booboo

    Good Samaritan Faces Charges After Shooting
    Jason Gutierrez Has Concealed Weapons Permit

    POSTED: 6:02 pm EDT August 9, 2007
    UPDATED: 6:55 pm EDT August 9, 2007


    FORT LAUDERDALE, Fla. -- A good Samaritan who tried to catch two robbers ended up spending the night in jail.

    Jason Gutierrez, 24, was charged with two counts of aggravated assault after police said he fired at the suspects with his 9mm handgun.

    "I think it was ridiculous; he was just trying to help out," Paul Maffet, one of several co-workers outraged by the arrest, told Local 10's Roger Lohse.

    The robbery happened Wednesday at the Inlet Liquor store on 17th Street in Fort Lauderdale. Gutierrez, who works in another business in the same shopping center, saw the suspects speed off and chased them in his car. At one point, the crooks drove down a dead-end street and when they turned around, Gutierrez got out of his car and shot at them, according to police.

    The bullet missed and the suspects drove away, police said. They eventually crashed their car on AIA, south of Sunrise Boulevard, and were taken into custody, Local 10 reported.

    Police arrested Gutierrez a short time later.

    Police said the "Stand Your Ground" law passed two years ago allows people to use deadly force only if their life or someone's life is in danger.

    Sgt. Gerald Machurick, with the Fort Lauderdale Police Department, told Lohse that citizens can't put themselves in a deadly situation.

    "You can stand your ground and defend yourself. You can't be the aggressor and go out after them. That's charged to the police department, and basically he overstepped that boundary," said Machurick.

    Gutierrez does have a concealed weapons permit and, despite a few traffic tickets, he has a clean criminal record, Lohse learned.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!


  2. #2
    Senior Member Array mocarryguy's Avatar
    Join Date
    Jan 2007
    Location
    Heaven
    Posts
    578
    Rambo lives....Rejoice.
    I know, I know, you are smarter than me..just ask you..

  3. #3
    Member Array Dihappy's Avatar
    Join Date
    Jul 2006
    Location
    Texas
    Posts
    272
    I have to say it, WHAT AN IDIOT!

  4. #4
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,889
    Maybe an idiot, but the world needs more like that and fewer prosecutors who will push the envelope of common sense to make a case.

  5. #5
    VIP Member Array Ti Carry's Avatar
    Join Date
    Nov 2005
    Location
    Under Cover
    Posts
    2,035
    Quote Originally Posted by Hopyard View Post
    Maybe an idiot, but the world needs more like that and fewer prosecutors who will push the envelope of common sense to make a case.
    There was nothing about common sense about what he did!

    And the guy who said, "I think it was ridiculous; he was just trying to help out" is even further brain dead.


    Ti
    Train and train hard, you might not get a second chance to make a first impression!

    I vote for Monica Lewinsky's Ex-Boyfriend's Wife for President.....Not!

  6. #6
    Senior Member Array blueyedevil's Avatar
    Join Date
    May 2006
    Location
    Colorado
    Posts
    615
    I certainly don't think this guys actions were advisable. However, I think he'll get off, as long as he was smart enough to keep his mouth shut. If he can make a case that he felt the BG's were trying to "run him down" with their car, and be justified in his use of deadly force. What he did was admirable, though not particularly smart. He tried to ensure that some scumbags ended up behind bars, and in doing so landed himself squarely in a $*!t storm. It's unfortunate that our society punishes moral behavior much more harshly than criminal behavior.

  7. #7
    Distinguished Member Array AKsrule's Avatar
    Join Date
    Dec 2004
    Location
    Pennsylvania
    Posts
    1,387
    "Gutierrez xxxx xxxx HADa concealed weapons permit and, despite a few traffic tickets, he xxx HAD a clean criminal record, Lohse learned."
    -------
    -SIG , it's What's for Dinner-

    know your rights!
    http://www.handgunlaw.us

    "If I walk in the woods, I feel much more comfortable carrying a gun. What if you meet a bear in the woods that's going to attack you? You shoot it."
    {Bernhard Goetz}

  8. #8
    Senior Moderator
    Array MattInFla's Avatar
    Join Date
    Nov 2005
    Location
    Central Florida
    Posts
    4,857
    Big, big, big mistake.

    Aggravated Assault with a firearm carries a mandatory three year prison term in Florida.

    Hope he has a good lawyer, as it appears he is going to need one.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  9. #9
    Member Array vashooter's Avatar
    Join Date
    Jan 2007
    Location
    Warrenton, VA
    Posts
    204
    What a dummy - using deadly force to try a "citizens arrest" on a couple of thugs who robbed some cash and liquor? Even if he had witnessed a murder at the robbery site, you don't try to pursue and apprehend the perps... all you're doing is putting yourself at risk, potentially putting others at risk (that scenario could have ended up in a gun fight between him and the perps in a public place with bystanders), and breaking the law yourself.
    His actions weren't admirable - they were immature, naive, and reckless. If there's no mortal threat to you or someone right then and there, then there's no reason to draw your weapon, let alone chase them down and fire off a shot. He should lose his carry permit at the very least.

  10. #10
    Senior Member Array Fragman's Avatar
    Join Date
    May 2006
    Location
    Houston
    Posts
    568

    Not a cop

    He CHASED them. 'Stand your ground' does not apply. If he wanted to be a cop, he shoulda joined.

    There is absolutely no self defense aspect, nor is there a defense of others.

    Now, in TEXAS, if it was his property, he MIGHT have a case. Note that the law in Texas provides that you can attempt to recover your own property. However, you can only PROTECT a third parties property.

    9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
    justified in using deadly force against another to protect land or
    tangible, movable property:
    (1) if he would be justified in using force against the
    other under Section 9.41; and
    (2) when and to the degree he reasonably believes the
    deadly force is immediately necessary:
    (A) to prevent the other's imminent commission of
    arson, burglary, robbery, aggravated robbery, theft during the
    nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing
    immediately after committing burglary, robbery, aggravated
    robbery, or theft during the nighttime from escaping with the
    property;
    and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or
    recovered by any other means; or
    (B) the use of force other than deadly force to
    protect or recover the land or property would expose the actor or
    another to a substantial risk of death or serious bodily injury.

    Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974.
    Amended by Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1,
    1994.


    9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
    is justified in using force or deadly force against another to
    protect land or tangible, movable property of a third person if,
    under the circumstances as he reasonably believes them to be, the
    actor would be justified under Section 9.41 or 9.42 in using force
    or deadly force to protect his own land or property and:
    (1) the actor reasonably believes the unlawful
    interference constitutes attempted or consummated theft of or
    criminal mischief to the tangible, movable property; or
    (2) the actor reasonably believes that:
    (A) the third person has requested his protection
    of the land or property;
    (B) he has a legal duty to protect the third
    person's land or property; or
    (C) the third person whose land or property he
    uses force or deadly force to protect is the actor's spouse, parent,
    or child, resides with the actor, or is under the actor's care.

    Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974.
    Amended by Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1,
    1994.

  11. #11
    Member Array Dusty Miller's Avatar
    Join Date
    Jun 2007
    Location
    Escalon, CA
    Posts
    335
    This is the exact kind of cowboy idiocy the anti-gun crowd predicted when the whole nation wide CCW thing got rolling. I'm hoping this remains an isolated incident otherwise we could experience a serious rollback of CCW rights.

  12. #12
    VIP Member
    Array Miggy's Avatar
    Join Date
    Jul 2005
    Location
    Miami-Dade, FL
    Posts
    6,258
    Quote Originally Posted by Fragman View Post
    He CHASED them. 'Stand your ground' does not apply. If he wanted to be a cop, he shoulda joined.

    There is absolutely no self defense aspect, nor is there a defense of others.
    Exactly. At the most he could follow while talking to 911 and give the description of the perps, vehicle & plate from a safe distance and disengage inmediately!
    And like Matt said, I hope he has a good lawyer 'cause in Broward County they will try to make an example out of him.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

  13. #13
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    Quote Originally Posted by Ti Carry View Post
    There was nothing about common sense about what he did!

    And the guy who said, "I think it was ridiculous; he was just trying to help out" is even further brain dead.
    Bingo

    - Col. Troutman
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  14. #14
    New Member Array jarhed1984's Avatar
    Join Date
    Jul 2007
    Location
    South Florida
    Posts
    7
    The cop that gave my CCW class told us that the retainer fee for pulling the trigger in S. Fla is $25,000. Good shoot or not. That hero stuff gets pricey fast.
    MouseGunner

  15. #15
    Senior Member Array mocarryguy's Avatar
    Join Date
    Jan 2007
    Location
    Heaven
    Posts
    578
    A fool and his money is soon parted...
    I know, I know, you are smarter than me..just ask you..

Page 1 of 4 1234 LastLast

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Phoenix Cop faces charges in fatal on-duty shooting.
    By SpencerB in forum In the News: The Good, the Bad and the Ugly
    Replies: 38
    Last Post: October 22nd, 2010, 02:56 PM
  2. Could Be Good or Ugly: Hartford LEO Faces Illegal Use of A Gun Charges
    By CT-Mike in forum Law Enforcement, Military & Homeland Security Discussion
    Replies: 17
    Last Post: August 2nd, 2010, 06:50 PM
  3. Charges Dropped Against Good Samaritan.
    By socal2310 in forum In the News: The Good, the Bad and the Ugly
    Replies: 30
    Last Post: January 29th, 2010, 09:16 AM
  4. Good Samaritan dies in Australian shooting spree
    By Cupcake in forum The Second Amendment & Gun Legislation Discussion
    Replies: 4
    Last Post: June 19th, 2007, 07:20 PM
  5. Officer faces gun charges in I-81 incident
    By paramedic70002 in forum Law Enforcement, Military & Homeland Security Discussion
    Replies: 21
    Last Post: February 23rd, 2007, 04:01 PM

Search tags for this page

cop experience walk
,
florida good samaritan law for those with a concealed weapons permit
,
fort lauderdale 2007 liquior store robbery concealed weapon arrested
,
good samaritan charged after shooting dog
,

good samaritan gone wrong

,
good samaritan laws and ccw
,
good samaritan shootings gone bad
,
jayson gutierrez fort lauderdale
,

paul maffet

,
shooting a bad guy samaritan law
,
shooting jason guiterrez
,
trial outcome jason gutierrez
Click on a term to search for related topics.