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Gun control is using both hands - Man shoots robber

Trucker kills assailant; second suspect caught

By Neil Gonzales
Record Staff Writer
Published Friday, March 7, 2003

LODI -- A big-rig driver fatally shot one of two assailants trying to rob him late Wednesday at a Flag City truck stop, authorities said.

Byne Delorio, 44, of Weed was pistol-whipped before he opened fire with his own gun, the San Joaquin County Sheriff's Office said.

Ira Joe Braggs, 52, of Stockton was killed, the Sheriff's Office said.

The shooting comes less than a month after a Stockton store owner shot a would-be robber, who later died.

Victims stand up to their assailants "from time to time," Sheriff's Office spokeswoman Nelida Stone said. "We do not tell people to confront suspects. Sometimes it's just easier to turn over your property, but when someone points a gun on you, things change."

Law enforcement officials said Delorio had stopped for a snack about 11:45 p.m. Wednesday at 3 B's Auto Plaza near the interchange of Interstate 5 and Highway 12.

After Delorio walked out of the market, he was approached by Braggs and 38-year-old David Banks of Stockton. The men asked for directions and followed Delorio to his rig, authorities said.

Braggs then pulled out a gun and started beating Delorio inside the cab, Stone said.

Delorio got his .45-caliber handgun and shot Braggs once in the chest, Stone said. Braggs died at San Joaquin General Hospital soon after.

Banks fled but was caught a few hours later near the White Slough wastewater-treatment plant.

Deputies found him wet, without shoes and trying to catch a ride from passing motorists, Stone said.

He was arrested on charges of murder, attempted robbery and a parole violation.

According to state law, culpability for Braggs' death falls on the perpetrator of the attempted robbery.

Braggs and Banks apparently were targeting Delorio's personal belongings, not his cargo of cardboard, Stone said.

Delorio had a valid permit to carry a concealed weapon and was not immediately charged with a crime, Stone said.

The Sheriff's Office will finish its investigation and hand the case over to the San Joaquin County District Attorney's Office for review, she said.

In a similar episode on Valentine's Day, Darrell Deal was shot twice by gunmen during a botched heist at his south Stockton convenience store but fired back, hitting one of his attackers.

Another case of an apparent self-defense shooting happened earlier Wednesday in Reno.

A woman had dropped off two children at a clinic and day-care center and was returning to her van when she saw a man vandalizing the vehicle, authorities said.

She shot the man as he advanced toward her, authorities said. The man was reported in stable condition in a hospital intensive-care unit.

The woman had a permit to carry the weapon and was not arrested, officers said.
 
According to state law, culpability for Braggs' death falls on the perpetrator of the attempted robbery.

NICE!!! I like that law!
 
According to state law, culpability for Braggs' death falls on the perpetrator of the attempted robbery.

NICE!!! I like that law!
Yeah, I saw that. It also applies to civil liability/tort cases so the family of the criminal or the criminal himself cannot sue his victim.

It is a sad day indeed that we NEED such a law to begin with, but apparently we do.
rolleye.gif


Also notice the two other stories of self-defense mentioned in the article. This stuff happens two, maybe three, dozen times per day in this country but is rarely reported.
 
Originally posted by: amnesiac 2.0
According to state law, culpability for Braggs' death falls on the perpetrator of the attempted robbery.

NICE!!! I like that law!

Stole the words right out of my mouth.

Viper GTS
 
Originally posted by: amnesiac 2.0
According to state law, culpability for Braggs' death falls on the perpetrator of the attempted robbery.

NICE!!! I like that law!

It's not uncommon; it's the felony murder law. If you are perpetrating a felony and someone dies (whether it is your fault directly, indirectly, or not at all) you are responsible. I believe it is a law in almost every state and the federal system.
 
Originally posted by: tcsenter
Delorio had a valid permit to carry a concealed weapon and was not immediately charged with a crime, Stone said.

wtf? What would they even consider charging him with? Not allowing himself to be robbed at gunpoint?
 
Originally posted by: PipBoy
Originally posted by: tcsenter
Delorio had a valid permit to carry a concealed weapon and was not immediately charged with a crime, Stone said.

wtf? What would they even consider charging him with? Not allowing himself to be robbed at gunpoint?

too bad the person decided to rob someone,in the first place. 😉
 
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