permit holder who shot two robbers gets gear back, but not gun

Status
Not open for further replies.

ThatIsAFact

Member
Joined
Aug 18, 2004
Messages
44
The Philadelphia Daily News runs a column called "Urban Warrior." The April 2, 2007 column appears below.

Urban Warrior:
Police assurances on his gear are music to DJ's ears

By Chris Brennan

Brian Lewis was leaving his apartment, heading to a gig as a disc jockey in January 2005, when three guys jumped him. Two of them pulled pistols.

The men wanted his gear, including two CD mixers worth $499 each. They also wanted Lewis to turn around and go back inside his house with them. What the robbers didn't know was that Lewis had a gun, and a permit to carry it. Lewis reached for his gun, telling the robbers he was pulling out the key to his door. Lewis aimed across his body, drawing a bead on the head of one man aiming a pistol at his back.

Click. The gun was loaded, but there was no bullet in the chamber. The two robbers heard the pistol's dry fire and blasted away, shooting Lewis in the back.

"I was able to stand my ground and get a round in there," Lewis said. "I turned around, started yelling and shooting back. I shot every bullet I had in my clip. I just kept pulling the trigger." Lewis hit two of the three men, killing one of them. Lewis slumped to the ground and briefly passed out.

He woke up worried about the two robbers still alive. "I was scared to death," he said. "I was shot. I wasn't going to wait until they finished me off. I got the hell out of there." Lewis drove, beeping his horn and screaming for help, several blocks to a friend's house, where police and an ambulance came to take him to the hospital.

More than a year later, Lewis knows he is lucky to be alive, and recovered from his injuries.Police, meanwhile, quickly ruled that he'd been justified in defending himself. Still, his close call has left one lingering mystery: What happened to his disc jockey equipment? "I've been stumped," he said. "I've called everybody. I called the Homicide detectives. I called the district attorney's office." Then he called the Daily News.

It took some digging, perhaps because there were three police reports filed for the incident in front of Lewis' home in the Ivy Hill neighborhood. The first officers to arrive there found a dead robber and the disc jockey equipment. The wounded robber was found somewhere else. And Lewis was found at his friend's house - three locations, three reports.

So the Police Department and the D.A.'s office rooted through their files last week to trace the mystery of the missing disc jockey equipment.

Lewis also wondered about the fate of his gun, a .40-caliber Taurus that he dropped in front of his house after firing all 11 of its bullets at the three robbers. "If I'm not going to get my gun back, I'd like to get it out of my name," Lewis explained.

It was unclear last week if the two robbers who survived the shootout with Lewis ever faced criminal charges. The D.A.'s office has no record of the case being sent its way.

Capt. Ben Naish of the Police Department's Public Affairs Unit did some research and determined that the disc jockey equipment was confiscated as evidence, in part because it was covered with blood in the robbery. "We'll be able to get him his stuff back," Naish said last week, predicting that Lewis would be reunited with his equipment this week. "We're working on getting him the proper receipts out of storage right now so that he'll be able to claim them. It shouldn't be a problem."

As for Lewis' gun, Naish explained that "Guns used in a homicide, justified or not, stay in the custody of police." Lewis could file a petition in court for the gun but it doesn't sound like he wants it back. Naish said Lewis shouldn't worry about the gun still being registered in his name. "It's not something that he'd have to worry about being out on the street," Naish said.

Lewis was thrilled to hear his equipment might be returned. "That's beautiful," he said last week.
"That's great news."

E-mail [email protected] or call the Urban Warrior tip line at 215-854-4810.

Find this article at:
http://www.philly.com/dailynews/loc...rances_on_his_gear_are_music_to_DJs_ears.html
 
I am glad to hear he came out ok from that. I know I probably would not be worried about getting a gun that "failed when needed most" (the first shot). May have been his error, may have been the gun, don't know myself. However, I would look into another firearm none the less.
 
As for Lewis' gun, Naish explained that "Guns used in a homicide, justified or not, stay in the custody of police." Lewis could file a petition in court for the gun but it doesn't sound like he wants it back.

Even assuming that were true, they've taken his property without compensation. Even post-Kelo, the government still has to compensate citizens for property it takes from them.

They don't want to give it back, they can damned well pay for it.
 
Click. The gun was loaded, but there was no bullet in the chamber. The two robbers heard the pistol's dry fire and blasted away, shooting Lewis in the back.

I'm assuming they mean that the loaded magazine was inserted, but without a round in the chamber. I guess this is a persuasive argument for keeping 1 in the chamber and you can forget these things in the heat of the moment.
 
It's not something that he'd have to worry about being out on the street," Naish said.

I recall an incident someone posted on here about police taking some of the nicer weapons during gun turn ins.
 
Naish explained that "Guns used in a homicide, justified or not, stay in the custody of police.

It would be interesting to know if that includes LEO guns. Are they in an evidence locker or returned to the LEO.
 
Guns taken as evidence remain in evidence until any and all appeal processes are over.
 
1. This is why we "press check" to ensure we have loaded weapons. If you walk around with a unloaded weapon, it matters not what type of weapon it is.

2. This is why we buy multiple copies of the weapons we like. Work under the assumption that the police will take your gun, if not all your guns, have guns hidden off your property.

"It's not fair!" No, life is not fair. "It's not legal!" The government does illegal things everyday.

3. Guns are rountinely stolen from police property rooms and sold to criminals or to dealers. Philly cops are keeping his pistol in order to steal it and sell it later. If Lewis is smart, he will have his attorney motion the court for a return of his property at once.
 
I am confused. What gives the police the right to seize property that is not stolen or used in a crime?

Do they seize cars that people kill people with accident or not?

Can someone clear this up?
 
Kudos to the permit holder maintaining enough fortitude to chamber a round and start shooting. This thread should convince people that star other threads questioning whether or not to have a round chambered while carrying...
 
Tejon, The police are not a power unto themselves. Sometimes they think they are though. That is right before they get taken down a notch by their employers; us.

I was just curious if some freedom grabbing law maker in Philly or Pa passed some kind of law allowing this, if not.... lawsuit?

The only other reason I can think of is if it mght be needed as evidence in a possible future murder charge.
 
Actually, if you read the story it says you can file a petition to have the gun returned to you. Apparently Mr. Naish has not done that yet since he didn't know where the gun was or who had it.

Apparently Philadelphia takes the position that if a gun is used in a homicide, a court should review the facts of the case before releasing the gun back to its original owner.
 
I assume that if I ever use a gun in self defense I will never see it again. That's why I carry a reliable gun that I can shoot well and I can afford to loose. If necessary, I can replace my Glock without breaking the bank.
 
Actually, if you read the story it says you can file a petition to have the gun returned to you. Apparently Mr. Naish has not done that yet since he didn't know where the gun was or who had it.

The gun owner might start a legal action to recover his gun, but considering where all of this happened the outcome would be questionable, and cost far more then buying a new pistol.

An I fully agree with El Tejon. Police departments in the major cities do indeed believe they are a law onto themselves when it comes to guns. :banghead:
 
I do pity you big city dwellers a little but there are of course tons of crooked small town LEOs also. In some cases the whole department is crooked.

I think small cities where the town is just large enough to afford a professional force but not so large as to create a huge 'bearacratic' nightmare where you don't know any of the officers by name are best.

BOT- Still the police did say that even if filed petition he would likely not get his weapon back. Does this show intent to subvert the process?
 
Post #11

El Tejon's post is worth reading again.

1. This is why we "press check" to ensure we have loaded weapons. If you walk around with a unloaded weapon, it matters not what type of weapon it is.

2. This is why we buy multiple copies of the weapons we like. Work under the assumption that the police will take your gun, if not all your guns, have guns hidden off your property.

Thanks El Tejon for posting that again sir!
 
Status
Not open for further replies.
Back
Top