As reported via Boston.com:
Robber sues victims after they beat him
June 12, 2006
ROCHESTER, N.Y. --A man is suing an auto-parts store for assault and battery after he attempted to hold up the business and employees responded by beating him with a metal pipe.
Dana Buckman, 46, walked into an auto shop brandishing a semiautomatic pistol last summer, only to have it turned on him by two AutoZone employees, police said. The men beat Buckman with a metal pipe and held him with his own gun.
Buckman escaped and was arrested a week later.
He pleaded guilty to first-degree robbery and was sentenced to 18 years in prison as a repeat violent felon.
Buckman claims the men chased him out of the store and continued to beat him. He is suing the auto shop and the men for the injuries he suffered and for emotional distress.
"In some respects, you wonder if a case like this even needs a defense. It speaks for itself," said lawyer Patrick B. Naylon, who represents AutoZone and the employees.
But lawyer Phillip R. Hurwitz, who represents Buckman, said the employees crossed the line by pursuing Buckman and attacking him.
"The danger was past," Hurwitz said. "These two employees took it upon themselves to go after Mr. Buckman after he left the store."
The story can be found at; http://www.boston.com/news/odd/articles/2006/06/12/robber_sues_victims_after_they_beat_him/
Lesson Learned: Many CCW and self defense instructors as well as internet advisors advise; 'Do not become the offender'.
What does that mean? It goes like this. BG attacks you. You defend yourself and by hook or crook turn the tables to overcome circumstances and him/them. They sense failure and attempt to retreat. You then give chase out of anger, fear they might return, whatever...and continue the fight effectively escalting what had moments prior changed from a defensive situation to what is not offensive, with you in control of things.
It can happen that quickly too, at the snap of a finger...or bone...or trigger.
Even as those BGs who trespass against us should not, we as defenders of ourselves andown do not by law have the right to exact revenge. Vengeance is unlawful. Thats where these two victims from the AutoZone store have gotten themselves into trouble, and the crook as well as his attorney have a valid point....IF they can prove that his injuries and their actions occurred _after_ he had given up, turned tail, and fled or attempted to flee. It's a fine line and very important, not to mention costly.
I'm not saying that the BG here is an angel or that the AutoZone guys were not victims, becuase they were. But to put it simply at playground rule levels if a kid picks a fight with you and you succesfully defend yourself enough to cause the bully to change his mind and say 'No Mas'. If you then continue beating the bully, for what ever reason you might have had in the heat of the moment (e.g. rage!), then now the tables have turned and it is now you who is the aggressor...and the bully who becomes a victim in that next instant of a moment. This is exactly what happened to the cabbie guy in Boston a few weeks ago who shot a robber in the back as he fled, upon robbing the cabbie just moments prior. One has to know when to step on the gas, and in kind we also have to know when to hit the brakes...and how hard.
This case could very well likely result in the AutoZone or the two workers in specific coughing up some dimes & dollars, as per the letter of NY state law.