An afternoon shootout at a busy Burger King restaurant in Miami left a potential robber dead and the customer who shot him seriously wounded. The bloody event unfolded about 4 p.m. Tuesday at the restaurant at Northeast 54th Street and Biscayne Boulevard. It was a time, employees said, when it is usually crowded with schoolchildren and people getting out of work early. The robber entered wearing a ski mask. He approached a clerk, showed his gun and demanded money, said Miami police spokesman Jeff Giordano.

A customer eyed him and the two started arguing. The customer had a concealed-weapons permit and his gun — and the two exchanged gunfire. The robber crumpled to the floor and was pronounced dead at the scene. The customer, with several gunshot wounds, was in serious but stable condition at Jackson Memorial Hospital’s Ryder Trauma Center.

Officers divided witnesses into several groups outside the restaurant to gather information about the incident. Employees waiting to start their shift called friends and family members on their cellphones to pass the time because they were not allowed through the police tape. ”I just hope all my people are OK inside,” said Cynthia Thomas, who has worked at the Burger King for five years. “It is scary.”

Around them, drivers on busy Biscayne Boulevard gawked at the scene.

There are times when it would be unwise to get involved. This would probably be one of them.




  1. bobbo says:

    Perfect example of “stupid with a gun” as everyone with a gun is.

    I assume no one else was hurt in the melee?

  2. Paddy-O says:

    cool, perp is killed. One less on the street. Cheaper for the tax payer too.

  3. GF says:

    Good Guy – 1
    Bad Guy – 0

  4. Benjamin says:

    Stupid was arguing with the robber first. He should have just pulled out his gun and shot the robber.

    Still the private citizen was right to have confronted the robber. How long and how many people would get hurt before the police decided to show up. Now, the people of Miami don’t have to worry about a trial for the robber or housing him in a jail.

  5. Somebody_Else says:

    Like #4 said he should have just shot the guy, but good job anyway. The world is a slightly better place now.

  6. Mr Diesel says:

    #1 bobbo

    I’m sure the people down in Killeen, Texas at Luby’s were probably wishing for someone, anyone with a carry permit.

    But no, the liberals thought guns were bad for people and now 23 bobbos are dead.

    And much as I disagree with you sometimes I don’t want any harm to come to you bobbo.

    I have a permit and carry whenever I have the chance. I won’t argue if I feel threatened but then again if the guy just wants the money you can’t just shoot him anyway.

    To all the pinheads out there you can’t shoot someone on your porch and drag them in either. Don’t bother putting a gun or knife in their hands unless Barney Fife is your CSI.

  7. The Monster's Lawyer says:

    They should have known this was going to happen, The Hamburgler had been released from jail only the day before.

  8. bobbo says:

    #6–Diesel==as long as you admit that each case stands on its own, then you are fairly engaged in the issue.

    The Killeen case cried out for a citizen hero who was packing. The guy in this thread was an idiot on the fact known so far putting everyone’s life at risk.

  9. Mac Guy says:

    #4 – Pretty much. Simply brandishing a firearm is considered having used deadly force, so if the situation is serious enough to warrant drawing your weapon, it is serious enough to discharge that weapon. In other words, yes, the guy should have just shot him. However, he’s human, and this is not what anyone wishes for.

    #6 – Actually, each state varies in their laws regarding the use of deadly force. Check with your local lawyer regarding what is “justified deadly force” if you have any questions.

    In North Carolina, we have the “Castle Doctrine.” If someone is in the process of breaking into your home to commit a felony, it is legal to shoot them through the door, window, wall, etc. Once they are in the home, the rules change.

    And that’s why the first shell in my 12 gauge pump-action shotgun is a slug. After that, it’s 00 buckshot.

  10. Paddy-O says:

    # 6 Mr Diesel said, “you can’t shoot someone on your porch and drag them in either. Don’t bother putting a gun or knife in their hands unless Barney Fife is your CSI.”

    Really? That’s exactly what my local Sheriff told me to do, then call him directly…

  11. Bob says:

    I’m in agreement with Mac Guy’s response to #4. If someone points a gun at you, then they have already chosen to take your life. This is when deadly force is acceptable. Approaching the guy and arguing with him was a stupid idea. If you are carrying, you have two options: 1) let the robbery take place unless he gets violent and starts hurting people, or 2) get a clear shot, make sure no one is behind him, and take the shot.

    This is a catch 22. Depending on where you live, you could get in to just as much trouble for NOT doing anything to stop him.

    Regardless, I have seen the darker side of humanity. When I was in EMT school, I was riding on an ambulance as part of the class requirement. We responded to a gun shot wound and when we patched the patient up, the guy who shot him reached over my shoulder and shot him three more times before running away. It was a gang hit. Luckily, he didn’t shoot us, but he could have very easily. After that moment, I have carried everywhere I’m legally allowed.

    There’s no such thing as gun control when it comes to criminals.

  12. Mr Diesel says:

    #8 bobbo

    That’s what I said. I am engaged and study it when I have the time. If someone is robbing a place and I happen to be there with one of my weapons that doesn’t give me the right or even a good reason to start shooting.

    #9 Mac Guy

    I’m not sure I would shoot through a wall or door just because someone was trying to break into my house. Didn’t we just have a case where some drunk tried to get into the wrong house and was killed for his mistake? Seems a little harsh, even for me.

    #10 Paddy-O

    Then your local Sheriff is a complete and utterly stupid LEO and I suspect that if you can prove he said it and you have the opportunity to follow his advice you may both be sharing the same cell somewhere.

  13. Ah_Yea says:

    For the record, I am pro gun.

    I also am anti-stupid.

    According to the information given, I would say this customer may have been very, very stupid. Have gun – don’t think.

    The only time to pull out a gun is when it is clear that someone’s life is in danger. Although the robber was stupid enough to pull out a gun in the first place, was it clear that he intended to use it?

    If so, then the customer using the gun was justified because of the imminent threat of death.

    If not, then the customer overreacted and should have let the robber go.

    Is burger king pocket change worth killing over? NO.

  14. Somebody_Else says:

    #13

    Are you kidding me? When someone pulls a gun out are we supposed to ask them nicely if they really plan on shooting someone?

    The customer should have shot the robber as soon as he pulled the gun on the clerk.

  15. Brian says:

    #1 Typical liberal idiot. Lay down and die instead of defend yourself.

    #4 Exactly. He was in his rights to shoot first, then argue with the guy.

    I am so glad I live in a free state like Texas.

  16. bobbo says:

    #16–Brian==typical idiot gun nut on a blog. and Gee a Texan. Who could have called that?

  17. Jetfire says:

    #6 “Don’t bother putting a gun or knife in their hands unless Barney Fife is your CSI.” You’re in the real world there is no CSI. Your big cities might have CSI’s but nothing like TV. Most of your towns only have 1 or 2 Deputies and Sheriff. What will happen then is you call 911 and 25 minutes later the Deputy will show up since he has the whole county to cover. He’ll look at the scene and say yep look justified to me. He’ll wake the Sheriff up and 25 minutes late the Sheriff will show and say yep looks justified to me. Then repeat with the County Coroner.

    The customer was wrong to argue with the robber. He should have just shot him. In self defense you act, you do not react. The robber could have had the gun pointed at the ground with the customer pointing the gun at the robber with finger on the trigger. The robber would have shot the customer before the customer could react to the robber moving the gun. This is real life not a TV show. This is also why the customer got shot. He reacted and didn’t act.

  18. Paddy-O says:

    # 12 Mr Diesel said, “Then your local Sheriff is a complete and utterly stupid LEO”

    Hardly, he’s been the Sheriff for 20 years…

    LOL

  19. bobbo says:

    #19–Paddy-O-LEO==WoW. You are that, that, that, – – – – whats the right word? Stupid doesn’t really catch it. You are like a characterchure (sp) of a joke.

    but then, Alen Keyes does exist.

  20. thePenguin says:

    I just have a couple of questions.

    1. If our “hero” in the course of the shootout at the BK Corral had shot and killed an innocent child who was simply a bystander then is he still a “hero”?

    2. Given the shooting of an innocent, who is libel – BK for not providing a safe environment, our “hero” for reckless endangerment (was he trained in proper firearm use, did he need to use deadly force?)

  21. Mr Diesel says:

    #19 Paddy-O

    While that may sound good IMHO he is an idiot. I know our local sheriff and there is no way he would condone or even suggest someone do something as stupid as that.

    Let’s see now, shoot someone outside your house and drag him/her inside. ?? Blood trails left behind as evidence or are you going to try and just explain why you didn’t call for several hours why you worked on your alibi and allow the chlorine smell to go away from cleaning?

    Sorry, but my first call about your sheriff still stands, 20 years or not.

  22. Mr Diesel says:

    #18 Jetfire

    I use the term CSI as it relates to anyone investigating the crime scene, not the number one TV show in America.

    The next time one of your deputies or the sheriff is around say hay to Barney for me will you.

  23. bobbo says:

    #21–Penquin==actually the robber would be liable for the innnocent bystander being killed under the “felony murder rule.” Course, everyone else could be sued as well. Highly fact dependent.

  24. Mr Diesel says:

    It wouldn’t make any difference about the facts. In today’s society everyone gets sued.

    Another excellent reason for not pulling your gun and shooting someone. The “hero” will still be sued by the dirtbag’s family or maybe even the dirtbag’s friends if he had any.

    Then all the people that the “hero” potentially saved will sue him for emotional distress.

    You see, it isn’t so simple to say just shoot them now is it?

    If you are going to carry be prepared for the consequences, all of them.

  25. Paddy-O says:

    # 22 Mr Diesel said, “Let’s see now, shoot someone outside your house and drag him/her inside. ?? Blood trails left behind as evidence or are you going to try and just explain why you didn’t call for several hours”

    Explain what? It’s all taken care of behind the scenes… By the police.

  26. Sinn Fein says:

    If you carry a weapon that won’t put a perp DOWN with one halfway decent shot, I’d say, don’t carry it. Its not worth getting in a gun battle with a wounded, yet still able to be deadly, assailant. Oh yeah, DON’T ARGUE…ACT if that’s your plan anyway. GO MEAT!

  27. Mr Diesel says:

    #26 Paddy

    Then I hope for your sake you never have to test your theory.

  28. brm says:

    “Melee” is a loaded word for this situation. Two people fighting each other is not a melee.

  29. Paddy-O says:

    # 28 Mr Diesel said, “Then I hope for your sake you never have to test your theory.”

    I don’t work on theories, only facts. 😉
    I hope I never again find myself in a shooting situation though. Scary as hell.


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