Nebraska teenager jailed for alleged beating of home invader

[charby]

Lex boy jailed for alleged beating of home invader
By BETSY FRIEDRICH, Hub Staff Writer
12/06/2007

LEXINGTON A Lexington man was arrested Wednesday after allegedly severely beating a would-be robber with his own pistol.


Michael Atkins, 17, of Lexington was charged in Dawson County Court Wednesday with assault and use of a weapon to commit a felony. Lexington Police Chief Charlie Clark said Atkins assaulted Ernesto Guerrero, 26, of Grand Island after Guerrero allegedly tried to rob him at gunpoint Nov. 23.

Guerrero tried to rob Atkins west-central Lexington home, which he shares with his mother. Clark said she was not home at the time.

He (Guerrero) walked into a home and stuck a gun in the guys (Atkins) face, Clark said.

Several of Atkins friends arrived, and a fight began. Guerrero tried to flee, but Atkins tackled him in the yard and beat him severely with his own pistol, Clark said.

Clark said Atkins was acting in self-defense when he took the gun away from Guerrero, but it ceases to be self-defense, especially when you pistol whip the guy over the head with his own gun.

Clark said authorities are not sure whether anyone else was involved in the beating and are still searching for suspects. He said Guerrero had at least one accomplice in the robbery, but police have not yet identified that person.

Guerrero was transported privately to Cozad Community Hospital where he was treated overnight. He was arrested in Grand Island last weekend and brought to Lexington on Monday. He has been charged in county court with robbery and use of a weapon to commit a felony and is being held in the Dawson County Jail on a $10,000 bond.

Robbery and use of a firearm to commit a felony are both Class II felonies punishable by up to 50 years and a minimum of one year in prison.

Atkins was charged with second-degree assault, a Class IIIA felony punishable by up to five years in prison, a $10,000 fine or both. He was also charged with use of a firearm to commit a felony, a Class II felony, and unlawful possession of a revolver, a Class III misdemeanor punishable by up to three months in jail, a $500 fine or both.

Atkins was arrested at about 11:30 a.m. Wednesday when he reported to his probation officer. He is on probation from juvenile court. He is being held on a $5,000 bond in the Dawson County Jail.

Clark said the gun has not been found, but police were told it is a revolver.

e-mail to:
betsy.friedrich@kearneyhub.com

*************************************

Somethings just amaze me.  If I was the town's police chief I'd shake the kids hand.

[Manedwolf]

Wait. He took the bad guy's gun away, and is being charged with unlawful possession because he TOUCHED it?

The justice system is truly no longer on the side of the law-abiding.

Also, I suppose he should have just shot him instead. He tried to knock him out in a nonlethal manner, and look what it got him.

[K Frame]

At the point where he used the gun to beat the guy, he was illegally possessing a firearm and using it in the commission of a felony.

[Len Budney]

If the story is accurate, the attacker was fleeing when they disarmed and beat him. It's pretty well established that once the threat ends, further use of force is not self-defense.

--Len.

[Paddy]

Clark said Atkins was acting in self-defense when he took the gun away from Guerrero, but it ceases to be self-defense, especially when you pistol whip the guy over the head with his own gun.

Hogwash.  Cops will continue to beat, taze and pepper spray any suspect not completely compliant and totally still.  Why the double standard?  And what about being just plain pissed after somebody stuck a pistol in your face?

We need to begin hauling some of these civil servants out of their cozy offices, tarring and feathering them, then place them in a pillory for the day, for all to scorn.

[Edited for language.  We have a diverse audience here, 'nuff said.] 

[MechAg94]

Regardless, if a jury actually convicts this guy, they are bunch of idiots. 

For once, I agree with Riley. 

[SteveS]

If the story is accurate, the attacker was fleeing when they disarmed and beat him. It's pretty well established that once the threat ends, further use of force is not self-defense.

--Len.

I agree, but question the wisdom of incarcerating (potentially) this person. 

[Racehorse]

I agree that in technical legal terms this may have been against the law. But if I were on a jury, I would never vote to convict. The guy deserved a beating.

[Manedwolf]

At the point where he used the gun to beat the guy, he was illegally possessing a firearm and using it in the commission of a felony.

Yeah, technically, but still...

It could be argued that if the guy was in a gang, especially MS-13, there was a real possibility that he'd run off and get them, come back and do a drive-by. They do that.

But...eh.

[grampster]

Let's go out to the graveyard and reanimate some of our forefathers; those real men who carved a nation out of a wilderness.  Let them read about this incident and get their reaction.  My guess is that they would go get the sheriff and ride him out of town on a rail.

[richyoung]

Clark said Atkins was acting in self-defense when he took the gun away from Guerrero, but it ceases to be self-defense, especially when you pistol whip the guy over the head with his own gun.

Hogwash.  Cops will continue to beat, taze and pepper spray any suspect not completely compliant and totally still.  Why the double standard?  And what about being just plain pissed after somebody stuck a pistol in your face?

We need to begin hauling some of these civil servants out of their cozy offices, tarring and feathering them, then place them in a pillory for the day, for all to scorn.

I find myself in rare, complete agreement with you.  +1.

[Desertdog]

I do hope the jury finds him not guilty.

[Creeping Incrementalism]

If the story is accurate, the attacker was fleeing when they disarmed and beat him. It's pretty well established that once the threat ends, further use of force is not self-defense.

The question is whether you can definitely say that the threat had ended.  Considering a fleeing man with a handgun could easily turn around and shoot the homeowner, something I've read about happening in a number of robberies (though usually in stores), I don't think you can say for sure the threat had ended.

I agree with the people who say a cop would never be charged in this situation.

[roo_ster]

Clark said Atkins was acting in self-defense when he took the gun away from Guerrero, but it ceases to be self-defense, especially when you pistol whip the guy over the head with his own gun.

Bull.*expletive deleted*it.  Cops will continue to beat, taze and pepper spray any suspect not completely compliant and totally still.  Why the double standard?  And what about being just plain pissed after somebody stuck a pistol in your face?

We need to begin hauling some of these civil servants out of their cozy offices, tarring and feathering them, then place them in a pillory for the day, for all to scorn.

I was going to write that the Chief & his minions oughta be pistol-whipped his own self, but the above is a better solution.

[Thor]

I'm wondering if Guerrero isn't an illegal.........

[HankB]

. . . Clark said the gun has not been found, but police were told it is a revolver.

No gun? All they've got is hearsay that a gun was used; with no firearm, there's no basis for the firearm charges.

I'm wondering if Guerrero isn't an illegal.........

That would explain why they're prosecuting Atkins. 

[RevDisk]

If this was a just world, Michael Atkins would get a handshake and Lexington Police Chief Charlie Clark should be the one going behind bars.

[grislyatoms]

My initial thought was "The letter of the law was served, but justice was not."

Then I read this: "Several of Atkins friends arrived, and a fight began. Guerrero tried to flee, but Atkins tackled him in the yard and beat him severely with his own pistol, Clark said."

So did the fight begin before or after the initial robbery attempt? Why did several of Atkins' friends arrive?  Guerrero tried to flee after the friends arrived? And only then was he beaten with the revolver?

Something fishy about this story.

"No gun? All they've got is hearsay that a gun was used; with no firearm, there's no basis for the firearm charges."

Even fishier.

I'll reserve an opinion on this 'til more of the story comes to light, if it ever does.

[Manedwolf]

Considering it further, I'd like to see more of the facts on this, too.

Whenever this has happened in this area, it's never random. It's always someone who knew the robber, and almost always a drug deal relationship that went bad.

[Iain]

Sounds a bit like 'reasonable' and 'proportionate' may be being applied. Shocked.

[cassandra and sara's daddy]

very fishly story

[Sergeant Bob]

Someone sticks a gun in your face, they deserve a beating. Period.

[geronimotwo]

Then I read this: "Several of Atkins friends arrived, and a fight began. Guerrero tried to flee, but Atkins tackled him in the yard and beat him severely with his own pistol, Clark said."

So did the fight begin before or after the initial robbery attempt? Why did several of Atkins' friends arrive?  Guerrero tried to flee after the friends arrived? And only then was he beaten with the revolver?

Something fishy about this story.

X2


 

Atkins was arrested at about 11:30 a.m. Wednesday when he reported to his probation officer.

here's the scenario.

po "how did you get those bruises"

atkins "i got in a fight"

po "thats a violation of your probation, your going to jail"

atkins "but.... umh....he had a gun..yeah...and he was robbing me....yeah that's it, yeah."

at this point the po is #%@#$@, and throws the book at him for lying.

[BryanP]

I'm wondering if Guerrero isn't an illegal.........

How would that be relevant to this case?

[doczinn]

If all the facts are as reported, the guy deserves a good hard slap on the wrist.