(IL) Carjacking victim won’t be charged 04-24-03

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Carjacking victim won’t be charged for killing teen April 24, 2003
BY ANNIE SWEENEY Staff Reporter

Charles Smith is one of several regulars at the busy Mobil gas station
at Garfield and Wells.

Each day he comes in twice for his lottery tickets–the Pick 3 or Pick
4. He parks his black van beside the air pump station, away from the gas
pumps as management requests.

He often wears a camouflage jacket with his name stitched on it. He
served in the Army, his daughter said, for 27 years.

On Wednesday, the regulars who came in for gas or juice were all abuzz
about Smith, the 76-year-old man who shot and killed a teenager who
tried to steal his van from the gas station the night before.

“He’s a really good guy,” said one of the station’s managers, who did
not want his name used. “He never causes no problems. He follows the
rules when he comes to play.”
Chicago Police decided not to pursue charges against Smith because he
was trying to protect himself and his property.

Linda Smith said Wednesday night her father, who lives with her, was
distraught.

“He is very upset about it,” she said. “I just checked on him and he
was in tears. It is not easy for the family … and it is not easy for
me.”

She said she didn’t know her father had a gun. Chicago Police said Smith
bought his lottery tickets Tuesday night and got into his 1998 Pontiac
van. The teen, identified by police as 18-year-old Blannie Hanes, was
waiting inside the van.

He put a gun to the back of Smith’s head and told him to “start the car
and get out or I’ll kill you,” Chicago police spokesman Patrick Camden
said.

Smith got out, but he refused to let Hanes leave.

Instead, as Hanes started to pull out of the parking lot, Smith
confronted Hanes on the passenger side. He opened the door and started
arguing with Hanes, showing his handgun, a .380-caliber Lorcin, Camden
said.

Hanes fought back, shutting the door and waving a pistol at Smith,
Camden said. Smith fired one shot through the closed window, hitting
Hanes in the chest.

After Hanes was shot, he ran to the 300 block of West Garfield and
collapsed, police said.
Investigators recovered a pistol.

A station employee who was working at the time said he heard glass
breaking after Smith walked out of the station, He said Smith calmly
walked back into the station and asked him to call police because
someone had just tried to rob him.

“He said: ‘Call the cops. Someone tried to stick me up,’ ” the employee
said.

Camden said that after reviewing the circumstances, Wentworth Area
detectives decided not to pursue charges.

“This is a 76-year-old man that is carjacked,” Camden said.

“He violated a city ordinance by having a gun in his possession, there’s
no doubt about it,” Camden said.

Still, the “traumatic circumstances” of the situation led to the
decision not to charge him, Camden said.

The gun was confiscated and will not be given back to Smith. The weapon
was not registered, and Camden was not sure how long Smith had owned it.

Hanes was pronounced dead at 12:05 a.m. Wednesday, the Cook County
medical examiner’s office said. Camden said Hanes’ police record
includes unlawful use of a weapon and numerous thefts.

The medical examiner’s office said Hanes’ age was listed as 16 and that
the office was given the name “Blancy Haynes.”