Peterborough store clerk charged following confrontation with baseball bat-wielding robber: police

canada-man

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A 22-year-old convenience store clerk from Peterborough has been charged following a confrontation with a baseball-bat wielding robber.

The incident happened on Jan. 5 at a corner store near King and Bethune streets.


Peterborough Police Service (PPS) were called to the area at around 2:30 a.m.

Officers at the scene said that a male employee was helping a male customer when a second man brandishing a baseball bat entered the store and demanded that the clerk hand over cash.

Police said that a struggle ensued and the suspect struck the worker with the bat.

The clerk then allegedly grabbed the bat away from the suspect, who fled the store, followed him out of the store and hit him “several times” with the bat on the sidewalk.

The suspect sustained head injuries and is now at a Toronto hospital receiving treatment.

The clerk, whose name has not been revealed, was treated at the scene by paramedics. He was subsequently charged with aggravated assault, and appeared in court on Jan. 6 and held in custody.

Police say that they intend to charge the robbery suspect, whom they have identified as a 37-year-old man, with robbery, assault with a weapon, and possession of weapon.

They are also looking to speak with a male customer who witnessed the incident.


 

Leimonis

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A 22-year-old convenience store clerk from Peterborough has been charged following a confrontation with a baseball-bat wielding robber.

The incident happened on Jan. 5 at a corner store near King and Bethune streets.


Peterborough Police Service (PPS) were called to the area at around 2:30 a.m.

Officers at the scene said that a male employee was helping a male customer when a second man brandishing a baseball bat entered the store and demanded that the clerk hand over cash.

Police said that a struggle ensued and the suspect struck the worker with the bat.

The clerk then allegedly grabbed the bat away from the suspect, who fled the store, followed him out of the store and hit him “several times” with the bat on the sidewalk.

The suspect sustained head injuries and is now at a Toronto hospital receiving treatment.

The clerk, whose name has not been revealed, was treated at the scene by paramedics. He was subsequently charged with aggravated assault, and appeared in court on Jan. 6 and held in custody.

Police say that they intend to charge the robbery suspect, whom they have identified as a 37-year-old man, with robbery, assault with a weapon, and possession of weapon.

They are also looking to speak with a male customer who witnessed the incident.


potentially good case for jury nullification
 

Leimonis

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Ridiculous country we live in.
in fairness we don't know how necessary or unnecessary the beating was. Aggravated assault is the most serious form of assault short of actually causing death.
If I was a juror I'd be seriously considering acquitting, unless it would be very obvious that the clerk beat the shit out of the guy way after he stopped resisting or escaping. I hope we can agree that there is no right to maim a guy for educational purposes.
 

Leimonis

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The part I don’t get is how the fuck they held the clerk in custody. Surely he should have made bail one way or another
 
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Paprika

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If the robber was fleeing, it meant the crime of robbery had stopped, thus chasing and hitting him with a basebat would be considered assault, legally speaking. That's what those cocksucking legal experts would tell you in a developed country.

Personally though I felt the robber had it coming, and it sucks the clerk now has to spend money defending himself. Nobody else would cover his legal costs.

In a lot of third world countries, robbers and thieves would be beaten to death and set on fire by the mob if caught.
 

massman

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If the robber was fleeing, it meant the crime of robbery had stopped, thus chasing and hitting him with a basebat would be considered assault, legally speaking. That's what those cocksucking legal experts would tell you in a developed country.

Personally though I felt the robber had it coming, and it sucks the clerk now has to spend money defending himself. Nobody else would cover his legal costs.

In a lot of third world countries, robbers and thieves would be beaten to death and set on fire by the mob if caught.
It’s pretty clear this went well beyond self defence. The would be robber had fled the store, and the clerk beat him so bad he had head injuries severe enough to need to be transferred to a Toronto hospital, which likely means his head injuries were potentially life threatening and if not fatal potentially could lead to permanent disability.

Now I have little sympathy for a scumbag who tries to rob a convenience store armed with a bat. However, I’m happy to live in a “developed country” where vigilante justice and attempts at extrajudicial killing are not allowed.
 

Joyrection

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Agreed. The store clerk should have left it alone when the guy was running away. If he was going to hit the guy with the bat, do so by hitting the dude in the legs. Hitting someone with a bat in the head as we know could kill them.
Kind of tied the police hands when he fractured the guy's skull with a baseball bat so bad that the police can't even arrest the robber for the crime. If he had just knee capped the robber he might not have been charged agreed.
 

tastingyou

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It’s pretty clear this went well beyond self defence. The would be robber had fled the store, and the clerk beat him so bad he had head injuries severe enough to need to be transferred to a Toronto hospital, which likely means his head injuries were potentially life threatening and if not fatal potentially could lead to permanent disability.

Now I have little sympathy for a scumbag who tries to rob a convenience store armed with a bat. However, I’m happy to live in a “developed country” where vigilante justice and attempts at extrajudicial killing are not allowed.
Hopefully the robber learned a good lesson . Unfortunately the justice system is now so lenient that the robber if apprehended would have been out on bail the same day - the justice system seems to never teach petty criminals a lesson these days.
 

Jenesis

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Once the clerk had the bay and the robber was out of the store, The clerk should have locked the store doors and called the police.

Anything beyond that, is assault. Not hard to figure out. The clerk was pissed, rightly so but pissed off does not give way for retaliation.

The charges for both are correct.
 

Redbag

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I did a background search of the Mayor of Peterborough-Jeff Leal. I have a prediction how the dust is going to settle in this case.

The Clerk- It does seem his actions might have been excessive. Mayor Leal will have a closed door meeting with the prosecutor and the judge demanding the book is thrown at the clerk since this story has brought negative outside media attention to the town causing embarrassment to him and his administration (in his mind).

The robber- all charges will be dropped (if charged at all) and will also receive a substantial financial compensation amount in a. non disclosure agreement.
 

rhuarc29

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Clerk should not have chased him out of the store and assaulted him there. That said, the suspect had literally just assaulted him with a weapon, so I think it's fair that maybe his mind wasn't in the headspace required to think of the finer legal details. If anything, the clerk should get a slap on the wrist.

I'm sorry, but if you commit a violent crime with a weapon, and the tables turn on you, you had it coming.
 

RZG

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Clerk should not have chased him out of the store and assaulted him there. That said, the suspect had literally just assaulted him with a weapon, so I think it's fair that maybe his mind wasn't in the headspace required to think of the finer legal details. If anything, the clerk should get a slap on the wrist.

I'm sorry, but if you commit a violent crime with a weapon, and the tables turn on you, you had it coming.
Robber boy FAFO, got what was coming. One less thieving scumbag on the street.
 

Leimonis

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I did a background search of the Mayor of Peterborough-Jeff Leal. I have a prediction how the dust is going to settle in this case.

The Clerk- It does seem his actions might have been excessive. Mayor Leal will have a closed door meeting with the prosecutor and the judge demanding the book is thrown at the clerk since this story has brought negative outside media attention to the town causing embarrassment to him and his administration (in his mind).

The robber- all charges will be dropped (if charged at all) and will also receive a substantial financial compensation amount in a. non disclosure agreement.
The clerk is entitled to a jury trial by virtue of the charge. There goes your research. Don’t quit your day job ;)
 

angrymime666

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Agreed. The store clerk should have left it alone when the guy was running away. If he was going to hit the guy with the bat, do so by hitting the dude in the legs. Hitting someone with a bat in the head as we know could kill them.
Being an armchair quarterback is easy. During an assault a person is going into fight or flight and rationality goes out the door. Try to rationalize I should be hitting the guy in the legs versus the head isn't going to happen unless you train. Even then it probably won't happen. A person reacts without thought in these situations. A guy has a gun point to his face, he pisses his pants. A uncontrollable fear response.

I hope the clerk gets off. Police are going to save your life. They just file the report.
 
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angrymime666

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Once the clerk had the bay and the robber was out of the store, The clerk should have locked the store doors and called the police.

Anything beyond that, is assault. Not hard to figure out. The clerk was pissed, rightly so but pissed off does not give way for retaliation.

The charges for both are correct.
The clerk should have stopped at the door, but humans in an extreme event as such loose all rational thought. Fear and self preservation takes over. I would charge the clerk(community service, counseling, fine, a slap on the hand with no jail time) but given the circumstances I would not give him a record(conditional discharge). People are going to flight or fight and it gets ugly. If the clerk had a history of assault then I was would view it as he is a safety risk to the community.

The guy over stepped, but don't ruin his life.
 
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MrPrezident

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The clerk prevented the robber from coming back in the store and hurting more people. This might have happened then or later. I see this as self-defense. Charges should be dropped against the clerk or hopefully a jury will find that he acted in self-defense. It would really be crazy if the robber would be able to sue and collect civil damages.
 
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