So here's a CHL holder saving the day

[Rayden]

http://www.khou.com/news/local/LIVE-VID ... 55614.html

by Stacy Morrow

khou.com

Posted on April 20, 2010 at 6:13 PM

Updated today at 12:21 AM

HOUSTON – A man who attempted to hijack a Metro bus Tuesday after crashing a stolen vehicle into several cars, injuring four people, was shot by a citizen who witnessed the commotion, Houston police said.

Police said it all began at about 5:30 p.m. when Henry Hankston III, 37, carjacked a person who was visiting friends at a residence in the 5200 block of Fair Green in southeast Houston.

“Suspect had approached them, appeared to be under the influence of some kind of drugs, apparently came up and started assaulting the person and took his vehicle from him,” said Sgt. Robert Torres, with HPD’s Homicide Division.

He said Hankston did not have a weapon, but used objects that he had picked up on the street.

“We were told that he was possibly on PCP, or his behavior was consistent with that of somebody who was on PCP -- really hyper and extremely strong,” Torres said.

Hankston fled northbound on Martin Luther King and about a block away from the carjacking he struck the first vehicle and continued driving, Torres said.

“When he got to the intersection, he hit three other vehicles until he got to the point where his vehicle was disabled, got out of that vehicle and ran up to a bus that was turning through the intersection,” Torres said.

Torres said the suspect entered the bus and began assaulting the driver, in an apparent attempt to hijack the bus, until the driver of a car idling behind the bus noticed what was happened.

“This person is a licensed concealed handgun carrier, he got out of the vehicle [and] went to the bus to try to intervene in the assault that was taking place," he said. "He did pull the suspect away from the driver and engaged in a physical confrontation with the suspect.”

As the two men struggled, the gun discharged and struck the suspect in the upper abdomen, Torres said.

“He got up and went and sat in his own car which, by the way, was on fire, and waited there, shot, and he was still there when the police and paramedics got here,” Torres said.

Hankston was transported to Ben Taub Hospital, where he was in surgery Tuesday night, but reported to be in stable condition. The bus driver was also hospitalized with injuries to his face and head. His injuries were not believed to be life threatening.

Four of the drivers whose vehicles were struck were transported with none-life-threatening injuries.

Police said Hankston faces several charges including aggravated robbery, failure to stop and render aid and aggravated assault.

“There maybe a couple of others that may also be appropriate, but I imagine he’s going to get at least aggravated robbery and aggravated assault,” Torres said.

[A-R]

The shooter is also a security guard. Guess which description the Houston Chronicle used (security guard or CHL) ...

http://www.chron.com/disp/story.mpl/met ... 67778.html" onclick="window.open(this.href);return false;

[GhostTX]

The shooter is also a security guard. Guess which description the Houston Chronicle used (security guard or CHL) ...

http://www.chron.com/disp/story.mpl/met ... 67778.html" onclick="window.open(this.href);return false;

Cute...

I love how simple twisting of words changes the whole context.

[Medic218]

Good job guy!
I'm also glad to see that most of the comments on the first news link(9/10 at the time) were all in favor of the CHLers presence and intervention. I know we're in Texas and everything but we still have a lot of liberal yahoos out there. It made me happy to read all the supportive comments left by readers!!

[shortysboy09]

Could the Security Guard possibly be in hot water over this? I know we are taught to stay back and be a good witness if at all possible. Seems like he entered the situation by his own choice.

Don't get me wrong. The shooting looks to be justified when the man, who was under the influence of PCP, engaged the security guard in a physical way. There's no way the man could have controlled the robber with him being on that type of drug therefore he could have taken the mans weapon and done some serious damage. But, isn't the best choice to stay out of the bus in the first place?

[Teamless]

As the two men struggled, the gun discharged

Does this mean that the shooter had his weapon drawn and did not mean to pull the trigger?
Don't get me wrong, I am glad he stopped it, and no one but the criminal was hurt, just trying to put myself in his shoes for a moment to learn something.

[cubbyjg]

Im in the same boat as some. While its good to hear (and i aplaud) that the CHL/security guard decided to get involved and help another person who was being assaulted, i am curious as to what legal troubles, if any, would be present. Based on what has been provided thus far, it seems that the shooting was not intentional since the BG was apparently trying to grab the CHL's pistol ("Police said the security guard fired when the man tried to grab the pistol."- Chron.com).

[Keith B]

While we don't know all of the details, but from the sound of it I would say it was a good shoot. The CHL/SG drew his weapon and used force to attempt to stop an aggravated assault on another individual. This is legal. When the altercation turned to an attack on the CHL/SG, then he would have the right to defend himself with force, and deadly force if he felt he was in danger of serious physical injury. If a person is trying to take away my CCW, then I would assume they might try to use it to try and seriously injure or kill me, and in turn I would be shooting them to prevent it from happening.

[joe817]

From the chron:

“It appears to be a ... justifiable shooting,” Torres said.

(Sgt. Robert Torres with HPD's homicide division.)

The CHL is a hero in many people's eyes. I wounder if this this will go any further than the investigative stage? Do all shootings go to the grand jury?

[zbordas]

Im in the same boat as some. While its good to hear (and i aplaud) that the CHL/security guard decided to get involved and help another person who was being assaulted, i am curious as to what legal troubles, if any, would be present. Based on what has been provided thus far, it seems that the shooting was not intentional since the BG was apparently trying to grab the CHL's pistol ("Police said the security guard fired when the man tried to grab the pistol."- Chron.com).

Finally a positive reporting about a CHL holder after 2 very negative events in the Houston area .

I doubt that Harris county would try to press charges. Due to the fact that most citizens are so fed up with crime and the assailant is a career criminal I doubt that a trial would find any wrongdoing. He did the right thing in my opinion. He protected a 3rd party by drawing the assailant’s attention to himself rather than the bus driver. From that point he reportedly tried to de-escalate the situation (said by witnesses). Whether the accidental discharge is just his story to avoid legal issues or not I don’t know (but would be interested).

[Keith B]

From the chron:

“It appears to be a ... justifiable shooting,” Torres said.

(Sgt. Robert Torres with HPD's homicide division.)

The CHL is a hero in many people's eyes. I wounder if this this will go any further than the investigative stage? Do all shootings go to the grand jury?

I believe all shootings will be sent to a Grand Jury just to let them make the decision on justifiable or not. This covers the department on any doubt as to whether they properly handled the case.

[Abraham]

The CHLer is a hero and should be awarded by the city with such recognition.

[Excaliber]

But, isn't the best choice to stay out of the bus in the first place?

It's the safest for you. Whether or not it's the best depends on your level of training and preparedness, your knowledge of the law as it applies to the circumstances, and whether or not you could live with yourself if you simply watched or drove away as innocent people were seriously injured or killed while you possessed the means to stop the attack. These are not simple issues, and are best considered at length before you find yourself in such a situation.

Whether the accidental discharge is just his story to avoid legal issues or not I don’t know (but would be interested).

Careful reading is required here. The news article did not report that the discharge of the weapon was accidental, although it may have been crafted to leave that impression as it clearly did in some cases. It said that the weapon discharged and the suspect was struck in the abdomen. This is a neutral statement of easily verifiable objective facts and does not give any indication of intent either way.

[puma guy]

http://www.khou.com/news/local/LIVE-VID ... 55614.html

apparently came up and started assaulting the person and took his vehicle from him,” said Sgt. Robert Torres, with HPD’s Homicide Division.

He said Hankston did not have a weapon, but used objects that he had picked up on the street.

he struck the first vehicle and continued driving, Torres said.

“When he got to the intersection, he hit three other vehicles until he got to the point where his vehicle was disabled, got out of that vehicle and ran up to a bus that was turning through the intersection,” Torres said.

I think the officer misstated the facts and the reported printed it. I'm sure the officer didn't intend it the way it was said. The objects he picked up on the street were weapons; as was the car. Little words, little twists influence more than we realize.

[cope]

The actor is justified by Texas Penal Code 9.32 and 9.33.