“A Nevada Supreme Court ruling, handed down two weeks ago, states
citizens do not have the right to use deadly force to arrest or
prevent the escape of a fleeing felon.”

I’m Moving to Nevada:)
=====================

http://www.lvrj.com/lvrj_home/2002/Apr-25-Thu-2002/news/18606226.html
Thursday, April 25, 2002
Copyright ? Las Vegas Review-Journal
DEADLY CHASE: Suspect in theft shot, killed by businessman
Police say carjacking attempt makes charges unlikely against
restaurant
owner
By RYAN OLIVER
REVIEW-JOURNAL

A man who stole money from a restaurant was shot and killed by the
restaurant owner as he attempted to carjack a vehicle to flee the
scene,
police said Wednesday night.

Police filed no charges against the restaurant owner. Homicide Lt. Tom
Monahan said prosecutors ultimately will determine whether charges
should be filed.

But Monahan said that based on witness statements, investigators
believe
the man probably was justified when he shot the suspect.

“At this point, it would appear there’s no criminal act,” Monahan
said.

At about 5 p.m., patrol officers responded to a report that the owner
of
Rosarito’s Restaurant was chasing a theft suspect near the
intersection
of Mojave Road and Charleston Boulevard.

Officers arrived to find a dead body in front of Weber Baking, on the
corner of Charleston and 30th Street. The restaurant owner, whom
police
would not identify because he has not been charged with any crime, was
standing nearby.

Monahan said witnesses told police that a man entered the restaurant,
located at 11 N. Mojave Road, and ordered some food. An employee then
went into the kitchen to prepare the order.
The employee told police she then heard the cash register open. She
looked toward the cash register, and saw the man reaching into the
drawer and taking money.

The man then ran down Mojave toward Charleston, and the restaurant
owner, who has a concealed weapon permit, gave chase, Monahan said.

Monahan said the restaurant owner and the man engaged in a slight
physical confrontation, and then the suspect ran west on Charleston.
The entire chase lasted several hundred yards.

When the suspect reached the parking lot of the bakery, he opened the
door to a small pickup and attempted to pull a female driver out of
the
vehicle, Monahan said. The restaurant owner called for the man to
stop,
but he did not comply, he said.

“The proprietor of the restaurant, fearing for her (the driver’s) life
and safety, fired a shot,” Monahan said.

The single shot from a handgun proved fatal. The suspect’s identity
was
unavailable Wednesday.

At no point did the suspect brandish a weapon and none was seen around
his body, police said. Investigators had not searched the body for any
weapons or other items by early Wednesday evening, Monahan said.

A Nevada Supreme Court ruling, handed down two weeks ago, states
citizens do not have the right to use deadly force to arrest or
prevent
the escape of a fleeing felon.

The court wrote that “deadly force is, as a matter of law,
unreasonable,
unless the deadly force is used in defense of self or others against a
threat of serious bodily injury.”

Monahan said the carjacker was in the process of committing a felony
and
could have seriously injured the driver of the pickup. Investigators,
therefore, concluded the restaurant owner was acting within his
rights.

“One potential scenario that we’re looking at is that he could have
pulled her out of the vehicle and then backed over her,” he said.

The case is similar to an officer-involved shooting that occurred
Tuesday.

A Las Vegas search and rescue officer fired a shot in attempt to stop
an
unarmed man from pulling a woman from her car in a carjacking.
The officer missed. An internal review board will determine if his
actions were justified.

Monahan said the law allows a citizen to shoot a person in the process
of committing a felony as long as the threat of death or serious
injury
is “reasonable and perceived.”

“If the carjacking hadn’t happened and the owner shot him, then you
have
a whole different set of circumstances,” he said.

Police will submit their investigative reports to the Clark County
district attorney’s office for a final review.

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