We seem to be living in the time of the realistic hero. Last year, “Kick-Ass”, a movie about a young man who decided to become a superhero was very popular. More recently, “The Green Hornet” was revisited, now as a semi-comedy, with a more realistic feel as the Green Hornet and Kato are now average guys just trying to “help out”. And this week, we have Bosolakhana Thach of Lynn, hereinafter, “Rod Woman”.
Rod Woman was working at her convenience store on Monday afternoon, when the proverbial “bad guy”, a man wearing a hood, dark sunglasses and a knife came in. The man, hereinafter, “the Robber”) was a calm sort. He leaned over the counter and quietly warned Rod Woman to stay away from any alarms and to give him the money from the register.
What the Robber may not have known was that Rod Woman was, in reality, “Robbery Victim X Two Woman”. She was determined not to allow a third.
As is apparently recorded on the surveillance video (woops!), the Robber, after making his demands, turned his head away from Rod Woman. It was then that Rod woman grabbed a 4-foot, 15-pound iron rod from behind the counter and brought it crashing down on his wrist.
The knife was knocked from the Robber’s hand.
“I was not mentally prepared to hurt him or knock him down,” explains Rod Woman. “I was just thinking to get the knife away from him. He was confused after I hit him, because he just stood there, but then I told him to get out because I was calling the police.”
She did, according to the video, brandish the rod at the Robber, repeatedly asking, “You want it?”
He apparently didn’t. He fled.
In all seriousness, Rod Woman took a very big chance. Fortunately, it worked out well. The Robber may have gotten away, but she was not robbed and, more importantly, she is still alive. Through 25+ of criminal practice, I have had the experience of seeing too many cases that did not end so well.
While we tend to celebrate such people as Rod Woman…striking out as she did is not something that law enforcement usually suggests. I have to join with them in that one. People get killed during such heroics. I cannot imagine preventing your money being stolen and dying in the process to be much of a victory.
We have often spoken about the issue of self defense. We have seen cases in which someone protecting themselves or their valuables are charged with assault or other criminal acts because the force they used was not considered justified. Clearly, in this case, Rod Woman need not worry about a prosecution. But, what if she had a gun? What if he pulled the knife and she pulled out an Uzi and redecorated the store with his insides?
Under these circumstances, it would be a close question. However, since she was behind the counter, with no way to retreat, she may have escaped the thought of prosecution. These days you cannot tell though.
Every case is different, as I have often told you. Often, I am asked by a potential client whether I have handled their kind of case before. The answer is almost always “yes and no”. I have usually handled many cases with similar charges, but every case is different and has to be treated that way. There are too many moving parts, and most of them are human beings. Prosecutors, judges, police officers and prior criminal records differ as much as the nuances of the crimes alleged.
Here is alittle advice. If you ever consult a defense attorney and he or she promises that he/she has handled this exact case many times and promises a result…run!. First of all, promising a result is considered unethical. And it should be. Any experienced criminal defense attorney who is being honest with you knows that there is no guarantee.
By the way, along with the experience, you do want an attorney who is honest with you. Being told what you want to hear all the way until the end of trial when they are delivering the Commonwealth bracelets of shame and dragging you away to involuntary housing is not the way to go.
Anyway, . If you have a criminal matter and would like to discuss it with me, please feel free to call me at 617-492-3000 and to set up a free initial consultation.
And, yes, I will be honest and tell you the good, the bad and the ugly.
To view the original story, please go to: http://www.boston.com/news/local/massachusetts/articles/2011/03/02/store_owner_stops_robbery_with_iron_rod/?p1=Local_Links