(CA) Gas station owner kills robber in shootout 03-08-05

March 1st, 2012

(CA) Gas station owner kills robber in shootout 03-08-05
Recordnet.com
Address:http://www.recordnet.com/daily/news/articles/030805-gn-2.php

Robber shot to death by gas station owner
By Scott Smith
Record Staff Writer
Published Tuesday, March 8, 2005

STOCKTON — The owner of a Beacon gas station on Charter Way exchanged
gunfire with a robber early Monday, killing him in what police say
appears to be a case of justifiable homicide.

Investigators believe a second robber, whom the businessman also may
have shot, remains at large, said Officer Sean Fenner, spokesman for the
Stockton Police Department.

Two trails of blood drops were discovered near the gas station and
convenience store at 701 East Charter Way. One led to the place where
officers found the victim of the 5:50 a.m. shootout. Another trail led
in the opposite direction.

The shooting victim was identified as Raymond Rubio, 23, of Stockton,
said Deputy Nelida Stone, spokeswoman for the San Joaquin County
Sheriff-Coroner’s Office.

The investigation into the shooting scene continued into the night
Monday. Officers questioned the unidentified business owner and released
him, Fenner said.

“A business owner has the right to protect himself,” Fenner said. “He
has to be able to articulate that he felt his life was in danger.”
Rubio was struck by multiple shots. The gas station owner wasn’t hurt,
Fenner said.

Police said the incident began when Rubio drove up in an older gold
Saab, entered the small convenience store and looked around. He tried to
rob the business owner at gunpoint when other customers left. The two
men fired at each other, Fenner said.

Rubio died on the sidewalk in front of G.K. Tires, a few steps away from
the gas station.

Another bloody trail, including footprints, led up the sidewalk in the
opposite direction from the gas station. The trail ended at Clay and
Stanislaus streets.

Yellow crime scene tape encircled the gas station, which detectives
combed well into the evening. Shattered glass covered the ground just
outside the food shop.

A small group of people who gathered outside the home of Rubio’s parents
Monday afternoon wouldn’t talk about Rubio. The house in the 1900 block
of South California Street is about five blocks away from the gas
station.

This isn’t the first time a shopkeeper has killed a would-be robber.
Last year, a 26-year-old man died in a botched robbery when a store
clerk working in a North Wilson Way liquor store dealt him a blow to the
back of the head.

The San Joaquin County District Attorney’s Office deemed the killing a
justifiable homicide and didn’t charge the clerk.

On Feb. 14, 2003, the former owner of the Better Buy Market in south
Stockton shot and killed a would-be robber.

Aaron Khan has run and operated US Gasoline, a short distance from the
Beacon station, for one year. Khan said he used to keep a gun inside his
small shop, but a relative told him to get rid of it. Khan said he
hasn’t been robbed so far.

“We don’t have no problem with nobody,” Khan said.