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Omaha Walgreens Shooting: Customer Shoots and Kills Armed Robber

by | 6:54 am, April 28, 2010 | 10 Comments

**Update 7** City Prosecutor Marty Conboy will not charge James McCullough with carrying a concealed weapon without a permit because James’ firearm was not completely concealed during the Omaha Walgreens Shooting last Monday evening. The Omaha World-Herald has the video:

**Update 6** Since Mr. McCullough’s Smith & Wesson pistol was taken by the Omaha Police Department and now lives in the OPD evidence room, it could be up to a year before Harry gets it back, if he ever does. In an effort to help Harry defend himself since his carry gun has been confiscated, The Nebraska Firearm Owners Association is taking up donations and has arranged with a local Omaha Federal Firearms Dealer to replace Harry’s pistol at dealer cost. If you’re interested in contributing to replacing Harry’s heater or contributing to his legal defense fund, head on over to the NFOA website. Harry potentially saved the lives of the other customers in that Walgreens, and now after choosing to do the right thing, he has swelling legal fees and a handgun to replace. Please consider giving; even $10 would help.

**Update 5**WOWT reports charges have been filed for Bad Guy #2 and Bad Guy #3 – both as adults. Bond was set at $1 million for 17 year-old Angelo Douglas and $750,000 for 15 year-old Jauvier Perkins. Prosecutors say the men are known gang members.

**Update 4**The World Herald reports that Kim Thomas, mother of armed robber Marquail Thomas, forgives shooter. She says, “I’m not angry or mad at him, I’ve already forgiven that man. What Marquail did wasn’t right.” Thomas conitunes saying that she thought something was wrong with Marquail because months ago he stopped videotaping Sunday services at their church, he started hanging out with people she didn’t know, he hadn’t been sleeping at home, and rarely spoke to her. The World-Herald also reports that Marquail had been attending high school from 2006-2009, but dropped out of in March as he had reportedly been struggling and had never progressed past ninth grade.

**Update 3** Bad Guy #3 arrested. Police have arrested and booked Jauvier Perkins, the 15 year-old getaway driver, for Attempted Robbery and Use of a Firearm to Commit a Felony. WOWT has the story.

**Update 2** KETV has posted an exclusive video interview with Harry McCullough’s attorney, James Davis.

**Update** From the North Platte Telegraph: Douglas County Attorney, Don Kleine, has released a statement saying that Mr. McCullough’s use of deadly force was appropriate and justified and that there will be no criminal charges brought against Harry. Kleine continued, ” If someone feels threatened, they have the right to defend themselves.”

Now, perhaps Nebraska will consider following Vermont, Alaska, and Arizona in the adoption of a “Vermont Carry” law that does not require law-abiding citizens to obtain permission from the government to carry a concealed weapon. Consider the logic. A Bad Guy, by definition, breaks laws – his application to the state government for a permit to carry a concealed weapon would likely be rejected. This of course doesn’t mean Thuggy McThuggery is going to leave his heater at home when he heads out to knock off the local 7-11, or Walgreens. Why should law-abiding citizens go through a lengthy legal process to obtain permission when the bad guys don’t have to. Let’s consider making it easier for responsible citizens to defend themselves against violent, irresponsible criminals.

Well, last night was a bad night to be a bad guy in the armed robbery profession, as reported by KPTM Fox 42. Apparently two masked bad guys walked into a Walgreens in North Omaha and declared that this was indeed a good place for a stickup. Bad Guy #1 was armed with a shotgun and pointed it not only at the register but at the customers. Walgreens turned out to be a poorly chosen location for the thuggery business when they leveled their firearm on 32 year-old Harry McCullough, an average citizen. An armed, average citizen. Harry, after being threatened with deadly force, pulled out his heater and proceeded to ventilate Bad Guy #1 who was operating the shotgun. Bad Guy #1, 18 year-old Marquail Thomas, fled from the scene, collapsed outside the drug store, and later died at the hospital. Bad Guy #2, 17 year-old Angelo Douglas, was held at gunpoint by Mr. McCullough until the Omaha Police responded to the call and arrest Bad Guy #2.

Police report that Harry had obtained a permit to carry his pistol openly, but did not have a permit to carry his handgun concealed.* So Mr. Saves-the-Day by preventing a possible massacre of law-abiding citizens was cited with a misdemeanor for carrying a concealed handgun. It would be nice to see the misdemeanor charge thrown out on the grounds of Nebraska’s “Affirmative Defense” clause in Section 28-1202(1)(b).

The moral of the story kids, is that while dangerous in the hands of a law-breaking criminal, guns can also save lives when in the hands of a law-abiding citizen who is trained in firearm safety and use. It’s unfortunate that the criminal was killed, but this outcome was much better than a headline reading something like, “Armed robbers kill 5, wound 7, and get away with $212 dollars from local drug store.”

Nice shootin’ Harry; Clint would be proud.

*While Nebraska is an open carry state, meaning that any citizen who can legally possess a firearm can also carry that firearm openly in public, local municipalities like Omaha have required that a permit be obtained and the handgun registered with the Omaha Police Department.

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Comments

  1.   j.k.Pearsoll
      April 27th, 2010 @ 5:33 pm

    When I first heard that there was another killing and it was at Walgreens, all I could think was that there were probably several innocent lives taken.
    I was actually overjoyed when I heard that it was the Bad Guy #1, and that Bad Guy #2 was stopped by the HERO too. McCullough should be given a thank you from the city, how many shootings have there been 14 – 15, this was self defense, if someone put a shotgun in my face and I had a gun, BELIEVE ME, I am shooting first, no questions asked……
    DOES ANYONE REALLY THINK THE ROBBERS WENT IN THERE JUST TO SCARE EVERONE AND RUN. NO……
    they had a shotgun, a lot of damage in a little time.
    I am glad you did what you did, Mr. McCullough, I would have done the same

  2.   KJ
      April 28th, 2010 @ 7:38 pm

    Ight bruhh you have your say on that but man truefully i knew the kid first hand he just made a dumb mistake. He was an ok kid he just was in a spot were he had no business. i believe Marquail would really hurt anybody. but you have your say and you have your right to fucking assume ya trick ass bicth.

  3.   Whit
      April 28th, 2010 @ 8:20 pm

    Truth. The idea to attempt robbery is a stupid idea. Truth. Putting that idea into action is even stupider. But, include all the facts in the story. The kids went in knowing they weren’t going to inflict harm on anyone. The shotgun used in the robbery wasn’t loaded.

  4.   wesley
      April 29th, 2010 @ 7:07 am

    Oh, the shotgun wasn’t loaded, Whit? Well that just changes everything… or does it?

    Let’s review Jeff Cooper’s firearm safety rules that are followed by every responsible gun owner I know:
    1) All guns are always loaded. Even if they are not, treat them as if they are.
    2) Never let the muzzle cover anything you are not willing to destroy.
    3) Keep your finger off the trigger till your sights are on the target.
    4) Identify your target, and what is behind it.

    Why would Marquail choose to bring a shotgun that’s not loaded? I’ve never knocked off a drugstore, but I’m going to guess he brought it to force the customers/employees to comply with his demands through use of a credible threat.

    Here’s the problem KJ and Whit: on Monday night, Marquail chose to be a wolf who thought he could attack a flock of sheep without consequence. He leveled his shotgun on other people and threatened them with deadly force if they didn’t obey him. You say he’s an ok kid, KJ? Ok kids don’t do that. Marquail learned the hard way that not all people you run into in this world are sheep. Many are sheepdogs. Harry is a sheepdog. When the wolf threatens the sheep, the sheep often becomes the wolf’s dinner. But when the wolf threatens the sheepdog, the sheepdog fights back. KJ and Whit, you’d do well to read Lt. Col Dave Grossman’s short essay on Wolves, Sheep, and Sheepdogs.

  5.   Kelly Maher
      April 29th, 2010 @ 5:25 pm

    It’s a good thing bad guys are smarter than to commit crimes around you, Spider, they will get shot.

  6.   T.L. James
      April 29th, 2010 @ 9:57 pm

    I’m sorry, Whit, but that’s a pretty asinine way of looking at it.

  7.   T.L. James
      April 29th, 2010 @ 10:02 pm

    An attempt to write in a coherent, intelligible manner would be appreciated, KJ, should you choose to comment here again.

  8.   darr christiansen
      May 2nd, 2010 @ 11:32 pm

    once marquail drew the weapon and aimed it at other human beings, whether it was loaded or not, he actually killed himself. whatever happened after he drew his weapon is completely his responsibility. even his mother understands that.

  9.   mike
      May 3rd, 2010 @ 11:09 am

    Well anyone that walks into a place with a gun and acts in a threatening manner should understand they are risking their life. The person who stops that person has no way of knowing what the intent of that person is except by the actions of that person. Unless he knows that person personally he would not know if they were a (ok Kid) and even if his history was that he was a (ok Kid) his actions that day says he was a armed robber and a threat to public safety. I feel sorry for his poor Mother. But he caused his own fate that day.

  10.   Peoples Press Collective | Colorado Politics | Omaha Walgreens Shooting: McCullough Interview :
      May 4th, 2010 @ 6:52 am

    [...] you’ve not been following the Omaha Walgreens Shooting of an armed robber by Harry “James” McCullough, then take a look at that [...]

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