Judge: Robber Can Sue Store He Robbed

[WashingtonBay]

Judge: Robber Can Sue Store He Robbed
(CBS)

NEW YORK (CBS/AP) Apparently in Mount Clemens, Mich., crime does pay, especially if the people you rob fight back and beat you to a pulp.

A judge has ruled that Scott T. Zielinski can sue the store that he robbed at knifepoint because the employees allegedly shot and beat him on the way out.

Zielinski, who is serving an 8-year prison sentence after being convicted of unarmed robbery for the November 2007 heist at Nick's Party Stop in Clinton Township, Mich., claims he was chased, shot twice and beaten excessively by three employees after he robbed the store.

The 23-year-old filed a lawsuit seeking $125,000 in April against the store, its owner John Acho and three employees including Acho's brother-in-law Don A. Kallo, and two nephews, Justin Kallo and Johnathan Kallo.

Justin Kallo allegedly chased and shot Zielinski.

Circuit Judge David Viviano ruled this week that the case can move forward but said that although Zielinski is indigent and imprisoned, he must post a $10,000 bond to cover the store and employees' attorney's fees if he loses the case.

Zielinski held up the employees at knifepoint and allegedly threatened to kill them in order to steal cigarettes, liquor and $873 in cash. As he fled the scene he says he was hit twice from three or four shots fired by Justin Kallo as Zielinski fled the Cass Avenue store after the robbery. He claims he was beaten excessively by Justin and Johnathan Kallo.

What do you think? Should the allegedly wronged robber have the right to sue or is this a case of the legal system run amuck?

[HoustonFarrier]

That is why I advocate the timed honored rule......."one shot...one kill".:)

Steve

[WashingtonBay]

Heh... yeah - the problem doesn't seem to be that they went after him, the problem appears to be that they aren't good shots ;)

[outriding01]

I'm taking a risk management course right now dealing with these exact issues. He does have the right to sue. However, the likeliness that he will actually win is slim. But since he's already in jail and has nothing better to do, I guess it doesn't matter to him. That $10,000 is a little hefty though....

[cheval]

We've had house owners sued by robbers that were injured DURING a home invasion/robbery and won. I cannot for the life of me understand how that can be. But one home owner said, if I would have shot him, there would have been no lawsuit and left it at that. A lot of people that commented agreed with him. I do to.

[mare]

They shouldn't have gone after him when he ran. Tough to stop yourself, though. That's the only time I hear of the good guys getting in trouble.

I hope the store owners and employees don't lose this lawsuit. Glad the thief didn't press charges. I've heard of that happening, too.

[cheval]

I would have gone after them too. I think it's just a natural response.

[natisha]

Well, that was some party stop, hope he had a good time LOL

Tax payer money will pay for that scum's case too.
I agree- shoot em dead

[dame_wolf]

I agree Steve! 110%!!!

[vicklynn]

Well, that just plain SUCKS. Crime should not pay no matter the crime.

[Ragnar Danneskjold]

I think when you violate the property rights of somebody else you lose all claim to any damages for what they do to you. If a few more victims of crime delivered a little more in-person punishment... there would be less crime.

[lovesfortune]

that is just ridiculous. i really hope he doesn't win.

[offgridgirl]

here is one I like.....

[42many]

I'm real glad that at least he has to post the 10k to cover those fees - but real sad to figure that while he doesn't have the money he can probably get some idiot bleeding heart to cover it for him...

[JackieB]

I don't think a robber should be allowed to sue. The shop owner is going to be extremely agitated and likely to protect his life/property with lethal force, even if the robber is fleeing at the time of the shooting.