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Police Log: Would-Be Robber Scrams When Clerk Doubts He Has A Gun

Notable incidents encountered July 8 to 14.

A Livermore retail clerk called the bluff of a customer last week when he reportedly attempted to hold up her store.

The would-be robber entered the shop on the 4300 block of Las Positas Road Wednesday at 7 p.m., selected items and proceeded to the cash register, said Sgt. Keith Graves of the .

After the clerk rang up the shopper's items, he grabbed his waistband, said he had a gun, and demanded the money in the till, Graves said.

The clerk told the man she did not believe he had a gun.

He insisted he did, Graves said, and the clerk countered: "Is it worth going to prison for?"

To which, Graves said, the attempted robber replied: "I gotta do what I gotta do."

The clerk then reached for the phone, announced she was dialing 911, and the suspect fled, Graves continued.

The suspect was described as a dark-skinned white or possibly Hispanic man in his mid-20s, with a stocky build and a tattoo on his neck, Graves said.

Anyone with information or who may have witnessed the incident is encouraged to call police at 925-371-4900.

In other news:  

Saturday, July 14

  • A man, 44, was arrested at 4:14 p.m. for allegedly resisting officers and causing bodily injury. Location of the arrest is unknown.
  • Narcotics possession reported 6:36 p.m. along 4100 East Avenue.
  • Obstructing/resisting police cited 2:41 a.m. on 2400 First Street, and 1:54 a.m. along 7700 Southfront Road.
  • Public intoxication reported 5:24 p.m. on Cartier Drive at Arroyo Road.
  • at Santa Rita Jail for suspected DUI. 

Friday, July 13

  • Shoplifting theft cited 4:52 p.m. along 2900 Las Positas Road; petty theft on 2200 First Street at noon.
  • Possession of controlled substances reported 9:39 p.m. on 1300 Locust Street.
  • Identity theft logged 3 p.m. along 6600 Brookdale Court.

Thursday, July 12

  • Domestic assaults reported: 3:17 p.m. on the 1100 block of Aberdeen Avenue; 8 p.m. on the 500 block of Cedar Drive.
  • Battery reported 9:31 a.m. along 5500 Leahy Way.
  • Individuals allegedly under the influence of controlled substances reported: 12:55 a.m. on De Soto and De Leon ways; 2 a.m. along 7700 Southfront Road.
  • Theft recorded 1 p.m. on 2300 South Vasco Road.
  • Controlled-substance possession logged 2:43 a.m. on 3800 Madeira Way.
  • enter not guilty plea.
  • Unlicensed motorist cited 12:04 a.m. on Maple Street at East Avenue.

Wednesday, July 11

  • Robbery reported 7:08 p.m. along 4300 Las Positas Road.
  • Vehicle reported stolen on 1000 Bluebell Drive at 5:40 p.m.
  • Theft using access cards cited 3:30 p.m. along 4500 Las Positas Road.
  • Other thefts: 5:45 p.m. on 2900 Las Positas Road; 6 p.m. along 1100 Aberdeen Avenue.
  • Telephone harrassment reported 1 p.m. on the 500 block of Nightingale Street.
  • Felony vandalism logged 11:25 p.m. on 5300 Charlotte Way.

Tuesday, July 10

  • Contempt-of-court violations reported: 3:39 a.m. on the 3400 block of Leahy Way; 6;30 p.m. on the 400 block of Leona Drive.
  • Theft from vehicle logged 8 p.m. along 800 Grace Street.
  • Domestic assault reported 6 p.m. on the 500 block of Colusa Way.
  • Battery reported 5:25 a.m. on 3500 Madiera Way.
  • Drug-paraphernalia possession cited 11:28 p.m. along 4400 First Street.
  • Livermore .

Monday, July 9

  • Domestic assaults: 2:24 a.m. on the 1900 block of Chestnut Street; 5:15 p.m. on 3500 Leahy Way.
  • Unlicensed motorist cited 1:10 p.m. on East Airway Boulevard.
  • Car break-ins logged 9 p.m. on 600 Los Alamos Avenue and 11:30 p.m. on 1400 Railroad Avenue.
  • Narcotics possession reported 12:40 p.m. on East Stanley and Murrieta boulevards.
  • Grand theft recorded 11 a.m. along 1700 Niagara Drive.
  • Shoplifting reported 6:30 p.m. on 2900 Las Positas Road.
  • Stolen vehicle recovered 8 a.m. on 1500 Spring Valley Common.
  • Fire reported 7 p.m. at .
  • Battery reported 12:28 a.m. on 1700 Catalina Court.
  • Livermore for sex crimes.

Sunday, July 8

  • Two arrests made along 4400 First Street for alleged theft with fictitious checks: an Oakland woman, 19, at 11:41 a.m.; a Hayward woman, 20, at 2:37 p.m.
  • Vandalism cited 12:27 a.m. on 4400 First Street, and 1:45 a.m. on 5800 East Avenue.
  • DUI arrest made 1:42 a.m. on East and Hillcrest avenues.
  • Controlled-substance possession reported 3:33 p.m. on 2300 Chestnut Street.

 

Cmilos July 17, 2012 at 02:33 PM
Why would a store clerk risk their life for a few bucks, what if he did have a weapon? That was not a smart move woman
david July 17, 2012 at 03:50 PM
Why doesn't the Patch name the business where this robbery attempt occurred? Giving a block number address seems pointless.
Lmr July 17, 2012 at 05:50 PM
Why single out a business and a store clerk? No need to name the business what would we do with that information?
david July 17, 2012 at 06:10 PM
Oh, my bad, I forgot the facts - who,what, WHERE, why and how; don't seem to matter to readers or many journalists.
Cmilos July 17, 2012 at 07:17 PM
This store had no security camera? And wtf store was it? Geez
JustRobb! July 17, 2012 at 08:13 PM
why not tell us about the tattoo on the neck so we can actually ID this scum and well maybe detain him for arrest
JustRobb! July 17, 2012 at 08:15 PM
neck tattoos are hard to hide...tell us ALL the info if you want help or is that the point police dont want us to catch this guy???
Becky July 17, 2012 at 11:07 PM
I wonder what the charge would be? Attempted robbery? 'Nice try' robbery? I think the clerk sounds like a gramma with a heart of gold. I really would like to hear more details.
Rich Buckley July 18, 2012 at 01:13 AM
Part 1 of 4 CONSTITUTIONAL BUSINESS Published By Citizens' Justice Programs Post Office Box 90, Hull, Massachusetts 02045 Citizens' Arrest By David C. Grossack, Constitutional Attorney Common Law Copyright � 1994 All Rights Reserved Not long ago the politically correct Boston Globe noticed a "shocking" new trend. It seems as if some citizens of Massachusetts were so fed up with crime that they have begun to intervene in petty street crime afflicting the streets of our cities. Thieves and pickpockets in Massachusetts should exercise caution in where and how they ply their craft as the chances that vigilantes pummel them and drag them to the nearest cop are definitely on an upswing. While the Globe is shocked at this healthy trend, students of the law should note that both a statutory and common law basis for a certain degree of "vigilante behavior" is well founded. Indeed, in an era of lawlessness it is important that readers be advised as to their lawful right to protect their communities, loved ones and themselves by making lawful citizens' arrests. The purpose of this essay is to simply explain the law and the historical context of the citizen's arrest. First, what is an arrest? We can thank Black's Law Dictionary for a good definition: "The apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime." See Ex parte Sherwood, (29 Tex. App. 334, 15 S.W. 812).
Rich Buckley July 18, 2012 at 01:13 AM
Part 2 of 4 Historically, in Anglo Saxon law in medieval England citizen's arrests were an important part of community law enforcement. Sheriffs encouraged and relied upon active participation by able bodied persons in the towns and villages of their jurisdiction. From this legacy originated the concept of the posse comitatus which is a part of the United States legal tradition as well as the English. In medieval England, the right of private persons to make arrests was virtually identical to the right of a sheriff and constable to do so. (See Inbau and Thompson, Criminal Procedure, The Foundation Press, Mineola, NY 1974. A strong argument can be made that the right to make a citizen's arrest is a constitutionally protected right under the Ninth Amendment as its impact includes the individual's natural right to self preservation and the defense of the others. Indeed, the laws of citizens arrest appear to be predicated upon the effectiveness of the Second Amendment. Simply put, without firepower, people are less likely going to be able to make a citizen's arrest. A random sampling of the various states as well as the District of Columbia indicates that a citizen's arrest is valid when a public offense was committed in the presence of the arresting private citizen or when the arresting private citizen has a reasonable belief that the suspect has committed a felony, whether or not in the presence of the arresting citizen.
Rich Buckley July 18, 2012 at 01:14 AM
Part 3 of 4 In the most crime ridden spot in the country, our nation's capitol, District of Columbia Law 23- 582(b) reads as follows: (b) A private person may arrest another - (1) who he has probable cause to believe is committing in his presence - (A) a felony, or (B) an offense enumerated in section 23-581 (a)(2); or (2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make an arrest. (c) Any person making an arrest pursuant to this section shall deliver the person arrested to a law enforcement officer without unreasonable delay. (July 29, 1970, 84 Stat. 630, Pub. L. 91-358, Title II, � 210(a); 1973 Ed., � 23-582; Apr. 30, 1988, D.C. Law 7-104, � 7(e), 35 DCR 147.) In Tennessee, it has been held that a private citizen has the right to arrest when a felony has been committed and he has reasonable cause to believe that the person arrested committed it. Reasonable grounds will justify the arrest, whether the facts turn out to be sufficient or not. (See Wilson v. State, 79 Tenn. 310 (1833). Contrast this to Massachusetts law, which while permitting a private person to arrest for a felony, permits those acquitted of the felony charge to sue the arresting person for false arrest or false imprisonment. (See Commonwealth v. Harris, 11 Mass. App. 165 (1981))
Rich Buckley July 18, 2012 at 01:15 AM
Part 4 of 4 Kentucky law holds that a person witnessing a felony must take affirmative steps to prevent it, if possible. (See Gill v. Commonwealth, 235 KY 351 (1930.) Indeed, Kentucky citizens are permitted to kill fleeing felons while making a citizen's arrest (Kentucky Criminal Code � 37; S 43, �44.) Utah law permits citizen's arrest, but explicitly prohibits deadly force. (See Chapter 76-2-403.) Making citizen's arrest maliciously or without reasonable basis in belief could lead to civil or criminal penalties. It would obviously be a violation of a suspect's civil rights to use excessive force, to torture, to hold in unsafe or cruel conditions or to invent a reason to arrest for the ulterior motive of settling a private score. Civil lawsuits against department stores, police departments, and even cult deprogrammers for false imprisonment are legend. Anybody who makes a citizens arrest should not use more force than is necessary, should not delay in turning the suspect over to the proper authorities, and should never mete out any punishment ... unless willing to face the consequences. As the ability of the powers that be to hold society together and preserve law and order diminishes, citizen's arrests will undoubtedly be more common as a way to help communities cope with the wrongdoers in out midst. Check your state law in your area
Patricia G July 18, 2012 at 08:24 AM
I found out that this actually occured at the hallmark store. I believe they do have cameras...
Allthatazz Nicole Marshall July 23, 2012 at 12:31 AM
That's citizens arrest shit is bullshit
Rich Buckley July 23, 2012 at 03:10 AM
Perhaps it's viewed as such by many, or perhaps we are so far away from the law of our heritage that we no longer understand: http://en.wikipedia.org/wiki/Citizen's_arrest
Rich Buckley July 23, 2012 at 03:35 AM
Here is a cherished true story. Decades ago, a friend of mine bought an old boarded up building in Carson City, Nevada. He moved his bed into the building and began a slow restoration of the classic old closed casino near the state capital. On night he was awakened early in the a.m. with the sound of people breaking into his home/business. He grabbed his pistol ran outside and found a burglar trying to break in. He hollered at the man to get the hell off his property. The burglar lunged at him in the dark. He shot the burglar in the leg instinctively not wanting to kill him. Then called the police. Maybe not the smartest actions but that was his story. A couple of months passed and a young DA wanting to bring Nevada into modern times, decided she would make an example of my "reckless, lawless" friend who tried to take the law into his own hands. He found himself front page Carson City news. He sent me a copy half way through his trial. Now this is where the story takes a strange twist. The judge allows the DA to bring the case to trial and then in a highly improbable move cites the Nevada law to the DA from the bench, like a defense attorney, and throws the case out of court. In Nevada, a citizen not only can arrest a burglar, but can, if in fear of their life, use deadly force in doing so. But that's the expected part. The unexpected part is the colorful ending the judge gave in court citing an 1800's statute still on the books that a citizen (see part 2)
Rich Buckley July 23, 2012 at 03:40 AM
...part 2 .... That a citizen can chase down the burglar on horseback 20 miles in pursuit and use deadly force to stop him. That's a two hour or better chase in rough terrain. We are just too distant from our own roots, culture, heritage, and common law rights to remember.
Kerry Taylor July 23, 2012 at 04:25 PM
The citizen’s right to defend themselves is slowly eroding away, as is the reliability of our hired police defenders. Overburdened, understaffed and constrained by regulation, police response time gets slower every year. The average in California is now around 15 minutes. With each passing year our State and Federal Government enacts dozens of new restrictive laws. The Obama Administration is mounting a subversive attack on private gun ownership. Their overt efforts have been thwarted to some extent, countered by overwhelming resistance. This coming week the UN is set to meet to agree on an international arms treaty on "small arms," called the ATT. The treaty was engineered by Hillary Clinton, and is the second shot from the Obama White House to covertly take our 2nd Amendment rights away through indirect means. The first was of course the "Fast & Furious" program that walked guns into Mexico in hopes that our gun freedom, and gun dealers, would be blamed for spilled blood across the border.
Kerry Taylor July 23, 2012 at 04:25 PM
The small arms treaty will carry the force of a constitutional amendment once it is ratified by the Senate and signed by the President. The treaty will prohibit the export of all small arms. You may not feel strongly about this issue, because you have no plan to ever export any of your guns. But like everything else we’ve seen from this administration, this is a platform for a sneaky and underhanded way to register and eventually take away our guns. The catch of this agreement not to export guns is that the White House, through the BATFE, could decide that in order to prevent guns from being exported, all the guns in the US need to be inventoried and registered, so that the government can make good on their promise not to export. So with no law, no congressional oversight, no debate, no conditions, the Federal Government could simply mandate that all firearms become registered. We know from history, whether it be Nazi Germany, Communist China, Pol Pot’s Cambodia, Stalinist Russia, and every other murderous dictatorship, that the first step in taking weapons is inventorying and registering t
Rich Buckley July 23, 2012 at 10:05 PM
Hi Kerry, indeed there is a deep and grand diversion at play by powers od darkness that have already lost and want to exit defiantly: (1) http://johnkettler.com/comment-page-824/#comment-20870 It’s a set up. “James Holmes, age 24, is in custody after shooting during a midnight showing of “The Dark Knight Rises” in Aurora, Colo. (Credit: University of Colorado Denver)” James Holmes, will be the Oswald-fall-guy. The shooter on the other hand, who came through the door, was reported to be wearing tactical SWAT outfit from helmet to vest. That should be easy to track down. Colorado is turning into the symbol of death on many levels as Toanaath said on her site on another matter, the “F.U.” index of the Cabal, and serving a higher purpose to try and shape the collective consciousness, the so-called “inception point” I was blabbing on about a few days ago. Look to other mass media events that this will effect. Find the positive somewhere and reinforce the positive. Those are my instincts…(see part two)
Rich Buckley July 23, 2012 at 10:06 PM
Part 2 Those are my instincts… (2) http://www.youtube.com/watch?v=O9aVMfYR8to&feature=youtube_gdata_player (3) http://webcache.googleusercontent.com/search?q=cache:zVGvdC5GMmcJ:info.publicintelligence.net/DHS-FBI-TheaterAttacks.pdf+&hl=en&gl=us (4) http://www.veteranstoday.com/2012/07/22/aurora-asking-the-right-questions/  (5) http://americannationalmilitia.com/2012/07/truth-is-sometimes-hidden-right-before-your-eyes/
Rich Buckley July 24, 2012 at 01:31 PM
Part 1 of 2 Update: The Veterans Today link number four (4) above has been removed and is down as of 6:00 am. Gordon Duff is a respected veteran affairs blogger I linked in number 4, who has recenently began releasing critical information "aginst the Cabal's activities." In other words he appears to be taking sides on the side of truth, irrespective of political affiliation. Link (4) four above, was working last night and was an analysis of mainstream media's (MSM) coverage of the Aurora shooting which raised many conflicting questions over the shooter's dress at time of purchasing a ticket. The Cabal has removed his analysis because it came too close to demonstrating the distortions being reported in MSM. This removal is a classified function that all non-MSM bloggers are used to dealing with. The article said (and I interpolate) that the shooter ...according to MSM analysis, bought a ticket dressed in full SWAT gear including throat guard, vests, and helmet... No questions asked. This would mean on the heals of the May 27th FBI advisory (link 2 and 3 above) "to be on the alert for theater terrorist shooters this summer." This would not serve well for the image of Aurora Chief of Police and raise many a question on the veracity of many things in the Denver - Aurora - Waldo Canyon area.
Rich Buckley July 24, 2012 at 01:32 PM
Part 2 of 2 It's all about trying to incite fear in you personally. There are many ways to fight the Cabal. Exposing their evil as it is, an energy they thrive on, is often enough all it takes to cleanse them out. My small way is to "try" to speak truth, rely on intuition, find the center within myself that knows love, and manifest outward positive energies. This sounds hokey and silly, perhapes even weird, but that is a limitation in thinking of our Western culture. What the powers that rule this world want of you more than anything is for you to remain in fear. Their system thrives on division and fear. The great secret they do not want you to understand is, what we "collectively project" in our thoughts and feelings changes our future time line of experiences. We literally collectively create our much of our own future through our thoughts. Incredible? Be fearless, be humble, be loving, seek truth. That's my motto.
Rich Buckley July 24, 2012 at 04:18 PM
Veterans Today blog which was off line completely at 6:00 am is back up with the Martin Maloney article reposted: (4) http://www.veteranstoday.com/2012/07/22/aurora-asking-the-right-questions/ I referred to Gordon Duff who also blogs her, the article is Martin Maloney.

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