Armed Robbery - but no charges

[KLiQ]

Robbery, 3:08 p.m. September 30, 2015, 1100 Block Elizabeth Avenue (MT) – Michael D. Watkins M/19, No Address, was arrested following the armed robbery of a taxi cab driver that occurred at 3:08 p.m. September 20, 2015. A Lancaster taxi driver reported that he was called to the 1100 Blk of Elizabeth Avenue to pick up a fare. He picked up a male at that location, and as he started to drive away, the male put a gun to the back of his head and demanded cash and his cell phone. The driver complied, but as the suspect was getting out of the taxi, the driver fired one shot from his own weapon at the suspect, who was not hit. The suspect was observed jumping a fence onto Amtrak property, where he was quickly apprehended by Amtrak Police. He was charged with Robbery and Simple Assault, and turned over to Central Booking.

http://www.manheimtownship.org/civic....aspx?AID=1729

At first I thought they were giving us 9 days notice of this crime, but it was just a typo. Still, I found this pretty interesting. A lot is made of not using existing laws to deal with crimes with guns. Does the simple assault charge include the use of the gun? I just figured there would be a charge specifically related to the firearm.

I'm also curious if the driver will be disciplined by his employer for carrying on the job. I'm not sure what to make of him firing at the fleeing suspect. Need more details.

[alpacaheat]

As much as we'd all love to knock down a thug that just robbed us, he should not have fired that shot. The immediate threat was over because the criminal was fleeing. At that point, it is no longer self defense legally to shoot someone running away from you in the back.

[KLiQ]

The immediate threat was over because the criminal was fleeing. At that point, it is no longer self defense legally to shoot someone running away from you in the back.

That was my thought as well. But since the taxi cab driver wasn't charged I thought perhaps there is more information. Or maybe he will be in tomorrow's update.

[LivenLearn]

§ 507. Use of force for the protection of property.
(a) Use of force justifiable for protection of property.--The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:
(1) to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or
(2) to effect an entry or reentry upon land or to retake tangible movable property, if:
(i) the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession; and
(ii) (A) the force is used immediately or on fresh pursuit after such dispossession; or
(B) the actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained.
(b) Meaning of possession.--For the purpose of subsection (a) of this section:
(1) A person who has parted with the custody of property to another who refuses to restore it to him is no longer in possession, unless the property is movable and was and still is located on land in his possession.
(2) A person who has been dispossessed of land does not regain possession thereof merely by setting foot thereon.
(3) A person who has a license to use or occupy real property is deemed to be in possession thereof except against the licensor acting under claim of right.
(c) Limitations on justifiable use of force.--
(1) The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that:
(i) such request would be useless;
(ii) it would be dangerous to himself or another person to make the request; or
(iii) substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.
(2) The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily injury.
(3) The use of force to prevent an entry or reentry upon land or the recaption of movable property is not justifiable under this section, although the actor believes that such reentry or caption is unlawful, if:
(i) the reentry or recaption is made by or on behalf of a person who was actually dispossessed of the property; and
(ii) it is otherwise justifiable under subsection (a)(2).
(4) (i) The use of deadly force is justifiable under this section if:
(A) there has been an entry into the actor's dwelling;
(B) the actor neither believes nor has reason to believe that the entry is lawful; and
(C) the actor neither believes nor has reason to believe that force less than deadly force would be adequate to terminate the entry.
(ii) If the conditions of justification provided in subparagraph (i) have not been met, the use of deadly force is not justifiable under this section unless the actor believes that:
(A) the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
(B) such force is necessary to prevent the commission of a felony in the dwelling.
(d) Use of confinement as protective force.--The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he can do so with safety to the property, unless the person confined has been arrested on a charge of crime.
(e) Use of device to protect property.--The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:
(1) the device is not designed to cause or known to create a substantial risk of causing death or serious bodily injury;
(2) the use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the actor believes them to be; and
(3) the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.
(f) Use of force to pass wrongful obstructor.--The use of force to pass a person whom the actor believes to be intentionally or knowingly and unjustifiably obstructing the actor from going to a place to which he may lawfully go is justifiable, if:
(1) the actor believes that the person against whom he uses force has no claim of right to obstruct the actor;
(2) the actor is not being obstructed from entry or movement on land which he knows to be in the possession or custody of the person obstructing him, or in the possession or custody of another person by whose authority the obstructor acts, unless the circumstances, as the actor believes them to be, are of such urgency that it would not be reasonable to postpone the entry or movement on such land until a court order is obtained; and
(3) the force used is not greater than it would be justifiable if the person obstructing the actor were using force against him to prevent his passage.
(Dec. 19, 1980, P.L.1310, No.235, eff. imd.)

1980 Amendment. Act 235 amended subsec. (c).
Cross References. Section 507 is referred to in section 505 of this title; section 8340.2 of Title 42 (Judiciary and Judicial Procedure).


Isn't cash "tangible property"?

Shooting at the perp may not have been wise, but...........

[knight0334]

(cropped law citation)


Isn't cash "tangible property"?

Shooting at the perp may not have been wise, but...........

He didn't shoot him to protect property.

He shot him because he committed a forcible felony and was fleeing, and was known to be armed and dangerous. ...and since he was armed and dangerous, he couldn't effect and arrest. Since the perp was in the immediate vicinity he was still in the commission of the act.

See the following:

18 Pa.C.S.A. § 508
§ 508. Use of force in law enforcement
(a) Peace officer's use of force in making arrest.--
(1) A peace officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. He is justified in the use of any force which he believes to be necessary to effect the arrest and of any force which he believes to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person, or when he believes both that:
(i) such force is necessary to prevent the arrest from being defeated by resistance or escape; and
(ii) the person to be arrested has committed or attempted a forcible felony or is attempting to escape and possesses a deadly weapon, or otherwise indicates that he will endanger human life or inflict serious bodily injury unless arrested without delay.
(2) A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.
(b) Private person's use of force in making arrest.--
(1) A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which he would be justified in using if he were summoned or directed by a peace officer to make such arrest, except that he is justified in the use of deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or another.
(2) A private person who is summoned or directed by a peace officer to assist in making an arrest which is unlawful, is justified in the use of any force which he would be justified in using if the arrest were lawful, unless he knows that the arrest is unlawful.
(3) A private person who assists another private person in effecting an unlawful arrest, or who, not being summoned, assists a peace officer in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, if:
(i) he believes the arrest is lawful; and
(ii) the arrest would be lawful if the facts were as he believes them to be.
(c) Use of force regarding escape.--
(1) A peace officer, corrections officer or other person who has an arrested or convicted person in his custody is justified in the use of such force to prevent the escape of the person from custody as the officer or other person would be justified in using under subsection (a) if the officer or other person were arresting the person.
(2) A peace officer or corrections officer is justified in the use of such force, including deadly force, which the officer believes to be necessary to prevent the escape from a correctional institution of a person whom the officer believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.
(3) A corrections officer is justified in the use of such force, which the officer believes to be necessary to defend himself or another from bodily harm during the pursuit of the escaped person. However, the officer is justified in using deadly force only when the officer believes that such force is necessary to prevent death or serious bodily injury to himself or another or when the officer believes that:
(i) such force is necessary to prevent the apprehension from being defeated by resistance; and
(ii) the escaped person has been convicted of committing or attempting to commit a forcible felony, possesses a deadly weapon or otherwise indicates that he will endanger human life or inflict serious bodily injury unless apprehended without delay.
(d) Use of force to prevent suicide or the commission of crime.--
[B](1) The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary to prevent such other person from[b] committing suicide, inflicting serious bodily injury upon himself, committing or consummating the commission of a crime involving or threatening bodily injury, damage to or loss of property or a breach of the peace, except that:
(i) Any limitations imposed by the other provisions of this chapter on the justifiable use of force in self-protection, for the protection of others, the protection of property, the effectuation of an arrest or the prevention of an escape from custody shall apply notwithstanding the criminality of the conduct against which such force is used.
(ii) The use of deadly force is not in any event justifiable under this subsection unless:
(A) the actor believes that there is a substantial risk that the person whom he seeks to prevent from committing a crime will cause death or serious bodily injury to another unless the commission or the consummation of the crime is prevented and that the use of such force presents no substantial risk of injury to innocent persons; or
(B) the actor believes that the use of such force is necessary to suppress a riot or mutiny after the rioters or mutineers have been ordered to disperse and warned, in any particular manner that the law may require, that such force will be used if they do not obey.
(2) The justification afforded by this subsection extends to the use of confinement as preventive force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.

Commonwealth v. Chermansky
Annotate this Case
430 Pa. 170 (1968)
Commonwealth v. Chermansky, Appellant.
Supreme Court of Pennsylvania.
Argued January 4, 1968.
May 21, 1968.

Justifiable Homicide

A private person in fresh pursuit of one who has committed a felony may arrest without a warrant. Commonwealth v. Micuso, 273 Pa. 474, 117 A. 211 (1922); Commonwealth v. Long, 17 Pa. Superior Ct. 641 (1901); 2 Trickett, The Law of Crimes in Pennsylvania 683 (1908). And in Pennsylvania we have always followed the common law rule that if the felon flees and his arrest cannot be effected without killing him, the killing is justified. See Commonwealth v. Micuso, supra; 2 Trickett, supra. We hasten to note that before the use of deadly force is justified the private person must be in fresh pursuit of the felon and also must give notice of his purpose to arrest for the felony if the attending circumstances are themselves insufficient to warn the felon of the intention of the pursuing party to arrest him.

The common law principle that a killing necessary to prevent the escape of a felon is justifiable developed at a time when the distinction between felony and misdemeanor was very different than it is today.[1] Statutory expansion of the class of felonies has made the common law rule manifestly inadequate for modern law.[2] Hence, the need for a change or limitation in the rule is indicated. We therefore hold that from this date forward the use of deadly force by a private person in order to prevent the escape of one who has *174 committed a felony or has joined or assisted in the commission of a felony is justified only if the felony committed is treason, murder, voluntary manslaughter, mayhem, arson, robbery, common law rape, common law burglary, kidnapping, assault with intent to murder, rape or rob, or a felony which normally causes or threatens death or great bodily harm.[3] We also note that for the use of deadly force to be justified it remains absolutely essential, as before, that one of the enumerated felonies has been committed and that the person against whom the force is used is the one who committed it or joined or assisted in committing it. Commonwealth v. Duerr, 158 Pa. Superior Ct. 484, 45 A.2d 235 (1946). If the private citizen acts on suspicion that such a felony has been committed, he acts at his own peril. For the homicide to be justifiable, it must be established that his suspicion was correct.

[Black Sheep]

Isn't cash "tangible property"?

Shooting at the perp may not have been wise, but...........

Note the bold below. "Retaking tangible movable property" doesn't justify the use of deadly force under the statute, just force (e.g., hands, fists, etc.). Also, the shooting happened after the threat was, objectively, over. Look up Jerome Jay Ersland for what can happen if you do that.

§ 507. Use of force for the protection of property.
(a) Use of force justifiable for protection of property.--The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:
(1) to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or
(2) to effect an entry or reentry upon land or to retake tangible movable property, if:
(i) the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession; and
(ii) (A) the force is used immediately or on fresh pursuit after such dispossession; or
(B) the actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained.
(b) Meaning of possession.--For the purpose of subsection (a) of this section:
(1) A person who has parted with the custody of property to another who refuses to restore it to him is no longer in possession, unless the property is movable and was and still is located on land in his possession.
(2) A person who has been dispossessed of land does not regain possession thereof merely by setting foot thereon.
(3) A person who has a license to use or occupy real property is deemed to be in possession thereof except against the licensor acting under claim of right.
(c) Limitations on justifiable use of force.--
(1) The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that:
(i) such request would be useless;
(ii) it would be dangerous to himself or another person to make the request; or
(iii) substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.
(2) The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily injury.
(3) The use of force to prevent an entry or reentry upon land or the recaption of movable property is not justifiable under this section, although the actor believes that such reentry or caption is unlawful, if:
(i) the reentry or recaption is made by or on behalf of a person who was actually dispossessed of the property; and
(ii) it is otherwise justifiable under subsection (a)(2).
(4) (i) The use of deadly force is justifiable under this section if:
(A) there has been an entry into the actor's dwelling;
(B) the actor neither believes nor has reason to believe that the entry is lawful; and
(C) the actor neither believes nor has reason to believe that force less than deadly force would be adequate to terminate the entry.
(ii) If the conditions of justification provided in subparagraph (i) have not been met, the use of deadly force is not justifiable under this section unless the actor believes that:
(A) the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
(B) such force is necessary to prevent the commission of a felony in the dwelling.
(d) Use of confinement as protective force.--The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he can do so with safety to the property, unless the person confined has been arrested on a charge of crime.
(e) Use of device to protect property.--The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:
(1) the device is not designed to cause or known to create a substantial risk of causing death or serious bodily injury;
(2) the use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the actor believes them to be; and
(3) the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.
(f) Use of force to pass wrongful obstructor.--The use of force to pass a person whom the actor believes to be intentionally or knowingly and unjustifiably obstructing the actor from going to a place to which he may lawfully go is justifiable, if:
(1) the actor believes that the person against whom he uses force has no claim of right to obstruct the actor;
(2) the actor is not being obstructed from entry or movement on land which he knows to be in the possession or custody of the person obstructing him, or in the possession or custody of another person by whose authority the obstructor acts, unless the circumstances, as the actor believes them to be, are of such urgency that it would not be reasonable to postpone the entry or movement on such land until a court order is obtained; and
(3) the force used is not greater than it would be justifiable if the person obstructing the actor were using force against him to prevent his passage.
(Dec. 19, 1980, P.L.1310, No.235, eff. imd.)

1980 Amendment. Act 235 amended subsec. (c).
Cross References. Section 507 is referred to in section 505 of this title; section 8340.2 of Title 42 (Judiciary and Judicial Procedure).

[PAMedic=F|A=]

Note the bold below. "Retaking tangible movable property" doesn't justify the use of deadly force under the statute, just force (e.g., hands, fists, etc.). Also, the shooting happened after the threat was, objectively, over. Look up Jerome Jay Ersland for what can happen if you do that.

§ 507. Use of force for the protection of property.
(a) Use of force justifiable for protection of property.--The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:
(1) to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or
(2) to effect an entry or reentry upon land or to retake tangible movable property, if:
(i) the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession; and
(ii) (A) the force is used immediately or on fresh pursuit after such dispossession; or
(B) the actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained.
(b) Meaning of possession.--For the purpose of subsection (a) of this section:
(1) A person who has parted with the custody of property to another who refuses to restore it to him is no longer in possession, unless the property is movable and was and still is located on land in his possession.
(2) A person who has been dispossessed of land does not regain possession thereof merely by setting foot thereon.
(3) A person who has a license to use or occupy real property is deemed to be in possession thereof except against the licensor acting under claim of right.
(c) Limitations on justifiable use of force.--
(1) The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that:
(i) such request would be useless;
(ii) it would be dangerous to himself or another person to make the request; or
(iii) substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.
(2) The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily injury.
(3) The use of force to prevent an entry or reentry upon land or the recaption of movable property is not justifiable under this section, although the actor believes that such reentry or caption is unlawful, if:
(i) the reentry or recaption is made by or on behalf of a person who was actually dispossessed of the property; and
(ii) it is otherwise justifiable under subsection (a)(2).
(4) (i) The use of deadly force is justifiable under this section if:
(A) there has been an entry into the actor's dwelling;
(B) the actor neither believes nor has reason to believe that the entry is lawful; and
(C) the actor neither believes nor has reason to believe that force less than deadly force would be adequate to terminate the entry.
(ii) If the conditions of justification provided in subparagraph (i) have not been met, the use of deadly force is not justifiable under this section unless the actor believes that:
(A) the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
(B) such force is necessary to prevent the commission of a felony in the dwelling.
(d) Use of confinement as protective force.--The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he can do so with safety to the property, unless the person confined has been arrested on a charge of crime.
(e) Use of device to protect property.--The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:
(1) the device is not designed to cause or known to create a substantial risk of causing death or serious bodily injury;
(2) the use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the actor believes them to be; and
(3) the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.
(f) Use of force to pass wrongful obstructor.--The use of force to pass a person whom the actor believes to be intentionally or knowingly and unjustifiably obstructing the actor from going to a place to which he may lawfully go is justifiable, if:
(1) the actor believes that the person against whom he uses force has no claim of right to obstruct the actor;
(2) the actor is not being obstructed from entry or movement on land which he knows to be in the possession or custody of the person obstructing him, or in the possession or custody of another person by whose authority the obstructor acts, unless the circumstances, as the actor believes them to be, are of such urgency that it would not be reasonable to postpone the entry or movement on such land until a court order is obtained; and
(3) the force used is not greater than it would be justifiable if the person obstructing the actor were using force against him to prevent his passage.
(Dec. 19, 1980, P.L.1310, No.235, eff. imd.)

1980 Amendment. Act 235 amended subsec. (c).
Cross References. Section 507 is referred to in section 505 of this title; section 8340.2 of Title 42 (Judiciary and Judicial Procedure).

Respectfully. Any Force used could be deadly. The least dangerous option would be a taser, which is why I believe every officer should be required to carry them.

[elweasel]

What the taxi driver needed.