IN) Store manager won’t face charges in shooting 04-28-03

http://www.indystar.com/print/articles/5/039139-8595-093.html
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Store manager won’t face charges in fatal shooting
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By Tom Spalding
[email protected]
April 28, 2003
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No charges will be filed against a store manager who shot and killed a
would-be robber last week. The dead man’s juvenile accomplice, however,
isn’t so fortunate.

Authorities said today that Timmy Lee Taylor, 16, was charged as an
adult with murder, attempted robbery and carrying a handgun without a
license – even through he didn’t shoot cohort Dimitri Bullock.

Authorities say Bullock, 23, and Taylor had entered Beyond Wireless,
5200 block of East 38th Street, Wednesday afternoon with the intention
of robbing the business when manager Earl L. Dixon Jr., 47, pulled out
his own firearm and fired, striking Bullock in the head.

Indianapolis Police Detective Bob Flack, who investigated the shooting,
said Dixon’s actions were justified. “He was encountered by two armed
suspects with ski masks, and weapons were pointed at him. He defended
himself.”
Dixon couldn’t be reached for comment.

Several tenants of the strip mall where Beyond Wireless is located told
The Star after the shooting that carrying firearms is sometimes their
only alternative for protection.

According to court papers, Taylor said he and Bullock were at a cousin’s
house prior to the shooting and talked about “doing some licks” –
street language for committing a robbery. They walked over from a
residence in the 3700 block of Emerson Avenue to the Beyond Wireless
store at 11 a.m. to conduct surveillance. They returned 90 minutes
later, each carrying a handgun.

Bullock entered first, opening the glass door.
Witness Ericka Murray, 24, a customer in the store, told police she
heard the door open and someone yell, “Time to give it up, Earl.” She
saw Dixon draw his gun, so she dove to the floor and then heard a series
of gunshots.

Dixon told police as the first intruder came in and pointed the gun at
him, he “thought that he was going to die.” So he dropped to the floor,
retrieved a pistol that was kept at the business and got up, firing two
to three times.

Taylor wasn’t injured, and fled the scene. He was caught a short time
later. Bullock died from a gunshot wound to the head.

Taylor was arrested for carrying a handgun without a license, a
misdemeanor, last Sept. 19. He is due to be tried in that case May 30.

The decision to charge Taylor — and to clear Dixon — was made late
Friday. Marion County prosecutor Carl Brizzi said Indiana law allows for
a felony murder charge if there are two or more people in the process of
committing a felony, and one of the two criminals dies as a result.

“The idea here is, but for their felony criminal acts, a human being’s
life wouldn’t be lost,” said Brizzi.