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Thread: Armed Pizza Man
09-27-07, 12:37 AM #1
Armed Pizza Man
A local court threw out charges against a Pizza delivery driver for CCW after he shot someone trying to rob him while making a delivery. It's about time that some common sense prevailed.
A Milwaukee County judge found the concealed-weapon prosecution of a pizza driver who shot two would-be robbers in seven months unconstitutional Monday.
The ruling by Circuit Judge Daniel A. Noonan means Andres Vegas won't face criminal charges in the non-fatal shootings. Prosecutors had filed a misdemeanor count of carrying a concealed weapon after the second shooting, in January, and said Vegas had been warned after a July 2006 shooting not to carry a concealed gun while driving for his job.
However, Noonan agreed with defense attorneys' contention that Vegas needed the gun to protect himself in his chosen work, citing state Supreme Court decisions that found justified exceptions to the state's concealed-carry ban.
"Given Vegas's experience, he has a need for a gun at a moment's notice," Noonan writes in his decision. "Enclosing and unloading the weapon is not a reasonable alternative to secure and protect his safety. Plus, Vegas while delivering pizzas enters and exits his car constantly; it would be unreasonable for him every time that he enters his car to require him to unload it and place it in a case and then reverse the process every time he exits. This defeats the purpose of having the gun for security and protection."
Craig Mastantuono, one of two attorneys who represented Vegas, said the weapons ban had presented Vegas, 46, with two untenable choices: either carry a gun illegally or else go unarmed on delivery runs in the same central-city neighborhoods where he has been robbed four times.
"Mr. Vegas's situation may seem unique," Mastantuono said, "but given the gap between the rights that are afforded Wisconsin citizens in the right to bear arms amendment and the prohibitions that restrict Wisconsin residents in the concealed-carry general ban that was never updated by the Legislature, I think it's going to be a recurring situation, quite frankly."
Deputy District Attorney Kent Lovern said the office has no plans to appeal the decision. An appeal could give a higher court an opportunity to hand down a precedent-setting decision on whether the concealed-carry prohibition is constitutional, whereas Noonan's decision applies only to Vegas's case.
Mastantuono said Vegas has moved on, career-wise. After the charge was filed, Vegas became a delivery driver in a Milwaukee suburb. He is now a cook.
"Mr. Vegas felt required by circumstances - not only of threats to his safety but being prosecuted for defending himself - he felt required to change careers," Mastantuono said.For the morning will come. Brightly will it shine on the brave and true, kindly upon all who suffer for the cause, glorious upon the tombs of heroes. Thus will shine the dawn.
09-27-07, 12:38 AM #2
Couldn't he have gotten a permit to carry legally?
The shoot was apparently justified and it seems he was rightfully cleared, but the misdemeanor charge of CCW should have stuck. The point is that he was carrying illegally.
Just my .02
"Stupid should hurt."
09-27-07, 12:46 AM #3
Wisconsin has no CCW for civilians. This guy had been robbed a couple of times, and decided enough was enough. I don't know if I necessarily agree with the courts reasoning, but I have no problem with the driver protecting himself.For the morning will come. Brightly will it shine on the brave and true, kindly upon all who suffer for the cause, glorious upon the tombs of heroes. Thus will shine the dawn.
09-27-07, 12:50 AM #4
This guy had been robbed a couple of times, and decided enough was enough. I don't know if I necessarily agree with the courts reasoning, but I have no problem with the driver protecting himself.
"Stupid should hurt."
09-27-07, 01:01 AM #5
I believe that the law is unconstitutional, however, I don't think he had any right to break it. Instead, I think he should have fought it in court before carrying.He who has the money, signs the cheques.
He who signs the cheques, makes the rules.
He who makes the rules, has the power.
He who has the power, has the money.
09-27-07, 01:12 AM #6
ya know what!,
Kudos to the fucking Pizza guy.
Whos cares if he broke the law or not, a stupid, worthless piece of shit scumbag, tried robbing the guy of his earnings.
I would say, the piece of shit is lucky he is still alive.
This is MHO.YEAH, IM THE BERRIES, AND CHERRIES IN YOUR REAR VIEW MIRROR.
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Eat it, Play with it, or piss on it, and walk away!
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09-27-07, 01:17 AM #7
Good for the Pizza guy.
Here it used to be an affirmative defense for the charge of carrying a concealed weapon if the person commonly transports large sums of money, has been the victim of previous violence, and has an articulated fear for his/her life. I'm not sure if that's still the case since the concealed carry permit process has been put in place."Like" us on facebook! https://www.facebook.com/pages/Offic...93147194083228
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09-27-07, 02:10 AM #8
I get the feeling his lawyers wanted to push it through to the higher courts so they could get the law overturned. The district attny figured out that he'd lose it, and he doesn't like that idea, so he's not going to try it. Shame.\\` ` ` ` < ` )___/\
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09-27-07, 08:49 AM #9
Good job PIZZA GUY!!!http://profile.myspace.com/index.cfm...ndid=197722498
"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell
09-28-07, 10:27 AM #10
09-28-07, 09:48 PM #11
where's the NRA?? they should be lobbying to get this flipped and get CCW back in Wisconsin
09-29-07, 12:24 AM #12
The last time they tried for CCW in Wisconsin, the gov., a Lib., threatened to veto it if it made it to his desk. Then, just before the vote, a Republican turned tail and voted against it.For the morning will come. Brightly will it shine on the brave and true, kindly upon all who suffer for the cause, glorious upon the tombs of heroes. Thus will shine the dawn.
09-29-07, 01:24 AM #13
I have a friend who's husband delivers pizza and carries. He is in Nevada and has a permit to carry, but it's against the rules of the pizza business. He said to hell with that, he is carrying. He delivers to everything from cat houses to casinos and has had run ins with all kinds of characters.
09-29-07, 08:33 AM #14
09-29-07, 01:02 PM #15
I am on the pizza guy's side...good for him!!
Back in 1993 i delivered pizza's up in Northern Cal.........one night i went on a delivery (which was a setup) and was robbed at gunpoint. Gun put to my head, guy threatening he was gonna blow my **** brains out. It changed how i lived, forced me to move to southern cal cuz i was paranoid this guy would find me and know i told the cops.. Just awful how it changes your life.......and here it is 2007 and still affects me.**********************
"I used to care
but now I take a pill for that"
09-29-07, 01:13 PM #16
Good for the pizza guy and Kudos to the judge.
Last edited by armsmaster270; 09-29-07 at 01:14 PM. Reason: error
Pretty women make us BUY beer. Ugly women make us DRINK beer. --Al Bundy
09-29-07, 11:46 PM #17
I would never move back to So Cal if I could help it but thats just me. Cost of living is much higher there than here.
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In memory of Sgt. Howard K. Stevenson 1965 - 2005. Ceres Police Dept.
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10-02-07, 01:08 AM #18
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