View Full Version : Ambushed pizza man kills attacker


TabulaRasa
03-09-2009, 03:13 PM
Irmo High student shot in robbery attempt Saturday night, authorities say
By JOHN MONK - jmonk@thestate.com
An Irmo pizza delivery man ambushed by a group of young men trying to rob him Saturday night shot and killed one of his attackers, the Lexington County Sheriff's Department announced Sunday afternoon.

One of his assailants, Paul Andrew Sturgill Jr., 17, of 5819 Kenna Drive near Irmo, was pronounced dead of gunshot wounds later at Palmetto Health Richland Hospital, Sheriff James Metts said. An autopsy will be performed today.Sturgill was a senior at Irmo High School and a musician who received honor grades and planned to join the Army at the end of this school year, said his parents, Lynn and Paul Sturgill Sr., on Sunday night.

They said they were stunned to learn of their son's death.


"This was the first time he has ever been late for his curfew," said Lynn Sturgill, interviewed Sunday night in front of her Kenna Drive house, less than half a mile from Irmo High. "He's a good kid."

The shooting took place about 10:25 p.m. Saturday on Avery Place Lane, a quiet residential street less than a quarter-mile from Irmo High. Sturgill lay on the ground next to a driveway bleeding from wounds in the chest and stomach for a half-hour before medics arrived on the scene, neighbors said Sunday night.

The pizza delivery man, Christopher Steven Miller, 43, had a concealed weapons permit and was trying to retreat from his attackers while being beaten by one of them, Metts said. Such a permit allows a person to carry a hidden gun.

Miller carried a .45-caliber Taurus handgun in a fanny pack and took it out and fired while being beaten backward, Metts said. Such large caliber pistols are known for their "stopping power" -- the ability to bring down an attacker instantly.

No weapons were recovered from Sturgill, Metts said.

Metts said Sunday afternoon it appears Miller acted within the law and will not face charges. However, police have made no final decisions and will discuss the incident with prosecutors, he said.

"At this point in time, his (Miller's) actions look very appropriate," Metts said, describing them as apparent "self-defense" because Miller was retreating and his assailants continued to attack.

The sheriff's department said Miller told detectives he did not want to talk publicly about the shooting.

"He is a little shaken; I understand he has a broken nose," Metts said.

In custody Sunday afternoon were Jason Todd Beckham, 18, of 415 Emory Lane, and Carlos Renard Dates, 20, of 1506 Nursery Hill Road, both near Irmo. Both are charged with robbery and criminal conspiracy.

A final suspect, Justin Towan Roundtree, 18, of 610 Emory Lane near Irmo, turned himself in to the Lexington County Sheriff's Department at 9:15 p.m. Sunday night. He is charged with robbery and criminal conspiracy.

Roundtree is suspected of having a connection to a gang, Metts said. Metts did not have details.

Initial checks on the young men's backgrounds indicate -- apart from the possible gang connection -- all had good records, Metts said.

Metts said that on Saturday night an order had been called in to Pizza Hut on Irmo Drive for two large, thin-crust pizzas with extra cheese for delivery to a house on Avery Place Lane.

However, when Miller showed up with the pizzas, he was met by a young man outside the house he was delivering to, Miller told detectives.

In fact, Metts said, the suspects had called the order in on a cell phone. The people who lived in the house had no knowledge of the pizza request, Metts said.

Miller gave the following version of events to police, Metts said: Miller exited the car with his pizzas. The young man standing in front of the house asked him if he had change for a $100 bill. Miller grew suspicious on noting that the young man had no money.

The young man began to hit him, and Miller spotted two other men coming toward him out of a nearby woods. Miller began to run away, pursued by the young man, who was hitting him. As he ran, he drew his pistol and fired, hitting him in the upper torso. The shots caused the two other men to run off.

After being shot, the assailant fell to the ground and began thrashing about and yelling.

"I thought he was saying, `Let me die,'" said Sandy Briggs, on whose driveway the assailant's blood was still visible Sunday night. But another neighbor, Marsha Woods, believed the young man was shouting, "I don't want to die."

Neighbors, joined by sheriff's deputies, looked on as the young man lay bleeding. Deputies administered first aid, they said.

Paul Sturgill Sr. said his son had big plans.

"He was planning on joining the Army and wanted to be an Airborne Ranger," Sturgill said. "He had already signed papers."

Sturgill asked people not to judge his son on this incident. "He made one wrong decision. I guess he paid the ultimate price."

The pizzas were worth $25.13.

Police said Miller called police on his cell phone right after the shooting. Neighbors said they also called 911. Sheriff's deputies were on the scene within minutes, they said.

Judith Shealy, whose house on Avery Place Lane the pizzas were brought to, said Sunday she has never ordered pizza.

Metts said that although an investigation will continue, one thing about Miller's using his weapon is clear:

"This sends a loud message to the criminal element -- you don't know who's going to be armed and who's not going to be armed when you go to rob someone."

S4ucy
03-09-2009, 03:40 PM

truth
03-09-2009, 04:00 PM
Sad that a seemingly good kid made such a stupid choice.

fusilier
03-09-2009, 04:52 PM

CC Rider
03-09-2009, 05:30 PM
I bet the pizza guy had future plans too, and they didn't involve having to defend himself for a defensive shooting from a "good kid" [sic].

schnellmb
03-09-2009, 05:48 PM

nyet
03-09-2009, 06:02 PM

js0ne
03-09-2009, 08:42 PM

a_o_smith
03-09-2009, 10:43 PM

ads
03-10-2009, 06:18 AM

Parikh1234
03-10-2009, 06:53 AM

js0ne
03-10-2009, 07:37 AM

Zoomer
03-10-2009, 09:36 AM

odelay12v
03-10-2009, 12:28 PM
"This sends a loud message to the criminal element -- you don't know who's going to be armed and who's not going to be armed when you go to rob someone."

TabulaRasa
03-10-2009, 05:37 PM
IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).
(d) A person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff; and
(B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after landing.
(e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
(f) Notwithstanding subsection (d), a person is not justified in using force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.8; Acts 1979, P.L.297, SEC.1; P.L.59-2002, SEC.1; P.L.189-2006, SEC.1.<ul><li><a href="http://www.handgunlaw.us/states/indiana.pdf">http://www.handgunlaw.us/states/indiana.pdf</a</li></ul>

TabulaRasa
03-10-2009, 05:53 PM
Pizza man says fear he'd die led to shooting
He's unlikely to be charged for killing teen, has resigned job because of company gun policy

By CLIF LeBLANC

cleblanc@thestate.com

A pizza deliveryman, who said Monday he has been held up twice before, fired shots that killed a teenager during a holdup because he feared he would die and not see his wife and 5-year-old daughter again.

"I believe everyone has the right to defend themselves if their lives are threatened," Christopher Miller, 43, said in a statement issued through police.

Miller, who said he has delivered pizza for about 10 years, has resigned because Pizza Hut bans employees' carrying weapons, corporate spokesman Chris Fuller said.

Miller, who carried the gun in a fanny pack, had a permit to carry a concealed weapon and is unlikely to be charged, authorities said.

Paul Sturgill Jr., 17, bled to death under a hickory tree near an Irmo driveway after Miller fired two .45-caliber rounds into his chest Saturday, authorities said.

The bullets struck vital organs, but not Sturgill's heart, Lexington County Coroner Harry Harman said, declining to provide details.

Sturgill and three other unarmed men chased Miller when he arrived at a house on the 300 block of Avery Place Lane about 10:25 p.m. Saturday, authorities said.

Someone had called in an order to a St. Andrews Road carry-out restaurant for two large, thin-crust pizzas with extra cheese.

Miller said he ran about 100 feet while Sturgill beat him before he pulled the trigger.

"Mr. Sturgill caught up to me," Miller said. "He jumped on top of me, punching me several times in the face and head."

Fearing the others would be on him soon, Miller said he "pulled my weapon and fired two shots in self-defense."

He called 911.

Miller apologized to Sturgill's parents for the loss of their son, who had returned to Irmo High School Jan. 5 after being away since the spring of 2005.

"I cannot begin to imagine the pain that you are going through, and for that I am deeply sorry," Miller said.

In court on Monday, two of the accused denied they were involved in planning the holdup.

"My best friend's gone," Jason Todd Beckham, 18, told Lexington County Judge Brian Jeffcoat.

"As far as planning and the going through with the robbery, I didn't have anything to do with it," the slightly built teenager said as he stood in a orange jail jumpsuit at soldier-like attention.

"The only reason I didn't say anything before is that I was threatened," Beckham said without explaining.

Carlos Renard Dates, 20, denied he was involved in a conspiracy.

"It really wasn't anything like that," Dates told Jeffcoat, the county's associate chief magistrate. The suspect said the men where "chillin'" at the Avery Place Lane house, where the owner later said he knew nothing about a pizza delivery.

When the commotion broke out between Miller and Sturgill, "I tried to stop it," Dates said.

"There was nothing I could do. The guy had a gun and shot him."

Lynn Sturgill said Sunday her son had never before missed a curfew. Paul Sturgill said, "He made one wrong decision. I guess he paid the ultimate price."

Sturgill played in Irmo High School's jazz band and had no disciplinary violations, the spokesman said.

A memorial service for Sturgill will be at 7 p.m. Wednesday at Barr-Price Funeral Home Lexington Chapel. Visitation will begin two hours earlier.

Lexington County Sheriff James Metts said the suspects -- all former Irmo High students -- are "callous."

Metts said he thinks, but has no proof, they ate the $25.13 worth of pizza as Sturgill lay dying beside a driveway across the street from the delivery address.

"They took the pizzas and left; ... they were on the ground. We presume they ate the pizzas," Metts said.

Detectives seeking an explanation for the robbery attempt are looking into the possibility that it might have been a gang initiation, Metts said.

Lexington County prosecutor Donnie Myers said he does not plan to review whether Miller acted properly.

The S.C. Attorney General's Office said self-defense for deadly force can be, "kind of complicated."

The person under attack must act reasonably throughout the incident, said Jennifer Evans, deputy attorney general for prosecutions.

The victim of the attack also must not be doing anything illegal, must try to retreat when possible and must believe he or she is in danger, Evans said.

Miller had run between 115 and 118 feet from where he was confronted before he shot Sturgill, sheriff's spokesman Maj. John Allard said.

Myers said he agrees that Miller fired legally.

"If you're bringing a pizza and they're whipping your butt, you've got reason to shoot them," Myers said.

On Monday in the small courtroom adjacent to the county jail, Judge Jeffcoat set identical $250,000 bonds for the three on charges of strong-arm robbery and criminal conspiracy. Both of the charges are felonies and carry penalties of up to 15 years and five years, respectively.

Justin Roundtree, 18, was the only one of the three to say nothing about the attack in court.

Relatives of Beckham and Dates attended the hearing but declined comment.

The three men left Irmo High without graduating, Roundtree and Dates in the fall of 2007, and Beckham in the spring of 2008, Buddy Price, spokesman for Lexington-Richland 5 said.

All said Monday they are unemployed.

Reach LeBlanc at (803) 771-8664.

JoeS4
03-11-2009, 06:41 AM

Zoomer
03-11-2009, 07:24 AM

CC Rider
03-11-2009, 08:50 AM
He tried to evade the attackers. One caught up to him and was beating on him. The attackers had a numerical superiority (four of them total).

The attack met all of the requirements for a justified defensive shooting:

- ability or means: again, numerical superiority constitutes the ability to threaten his life
- access or opportunity: he was out in the open, with nothing to protect himself from the attackers
- motive: they wanted the pizza and/or his money; his life was in danger the moment they started beating him up

All three of these categories were met from the reports, and he even tried to retreat.

Zoomer
03-11-2009, 09:31 AM
the others are trying to squirm their way out from jail time......they better not get off the hook

Parikh1234
03-11-2009, 09:43 AM
someone who wasnt carrying and got seriously hurt.

truth
03-11-2009, 09:51 AM
as well as the distance from the door to the shooting site which supports his claim. As does the callous nature of the "friends" that left the kid to die in the street while they left and ate the pizzas.