Security guard: Shooting man was last option

[bigdog Member Find all posts View Profile Close bigdog]

Security guard: Shooting man was last option

09:04 PM CST on Monday, January 28, 2008

By MELISSA MCGUIRE
KVUE News An Austin security officer was on suspension Monday after a weekend shooting at a Northeast Austin night club.




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"I yelled at stop, get back. They still advanced toward me,” said Marc Chappelle. “I fired three shots."
Chappelle is a certified, commissioned security officer in Austin. He is licensed to carry a gun. The ex-Air Force cop has used his weapon before, but never while working security.
"The thought of having to use it, that's always in the back of your mind, but it's always the last thing I'd ever want to do," said Chappelle.
Chappelle has worked weekends at Club Navegante for the past month. But early Saturday morning, he found himself in an altercation with several men who he says were intoxicated.
One of the men had vomited in the parking lot. As Chappelle confronted another man who was urinating in the parking lot, a third man hit him in the head.
Chappelle then used pepper spray.
"At that point, all of the group started charging the security guard. The security guard, in fear for his life, started taking off running," said Det. James Mason, Austin Police Department.
The men began throwing rocks at Chappelle. That's when he told them to stop.
"Had I gotten caught by those individuals, I would have been the one at the hospital or worse," said Chappelle.
When the men did not follow his orders to stop, he fired his weapon, hitting one man in the shoulder.
Police say charges are pending against the man who was shot.
APD
Jose Benjamin Cabrera-Diosdado

APD
Luis Enrique Ortega-Vazquez

The rest of the group drove away, but police caught up with Jose Benjamin Cabrera-Diosdado, 18, and Luis Enrique Ortega-Vazquez, 26. They are charged with aggravated assault against a peace officer.
Chappelle says using his weapon is always the last option..
"Once I saw that he was responsive, still breathing, it wasn’t a very serious injury, I was relieved after that," said Chappelle.
The man who was shot suffered non life-threatening injuries.
Police are looking for two more men who were involved in the assault on Chappelle. They could also face charges.
Chappelle is suspended from his security job while the shooting is under investigation.

[jbaerbock Member Find all posts View Profile Close jbaerbock]

Wow self-defense and he get suspended, he better as hell get pay.

[Tennsix Member Find all posts View Profile Close Tennsix]

The media often confuses concept of administrative leave with suspension. They often use the terms interchangeably. It seems (based on the article) the officer acted appropriately and lawfully.

[gonzo1510 Member Find all posts View Profile Close gonzo1510]

Chappelle is a certified, commissioned security officer in Austin..They are charged with aggravated assault against a peace officer.

Are commisioned security officers considered peace officers in Texas ?

[Black Caesar Senior Member Find all posts View Profile Close Black Caesar]

Are commisioned security officers considered peace officers in Texas ?

No. What others call a "Guard Card" or whatever in other states is called a Commision Card here. I got mine from Wackenhut back in the day, but I took the PPO course from These guys a couple years later.

About the main story: TennSix already called it. He'll be cleared and should be able to return to work, unless the company he works for are total D-bbags lol (he should thank his lucky stars he works in Texas)..

What the Austin PD Detective said was the important part [quote]"At that point, all of the group started charging the security guard. The security guard, in fear for his life, started taking off running,"[/quuote]

I'm glad he made it out of that alive. Of course some "rights group" or another group of idiotic monday morning QBs are gonna complain about him shooting an "unarmed man". Some people will never understand that even a small group of humans can kill a person with their bare hands. Mob attacks are deadly force and no Texas law requires anyone to die or be seriously injured FIRST lol.

Good shoot and Good job but that S/O.

[JB diligence Member Find all posts View Profile Close JB diligence]

Sounds like equal force to me, considering his training and the force used against him as well as being out numbered, I think he did the right thing, remember as a trained military person he could have very well ended his enemies' life.

Had he not used this force, he may not have got to go home that night. Nice shot.

[Guest Close Guest]

Ok...

I just wanted to hit a few things here:

1. With the facts provided, the officer acted accordingly.
2. He is suspened, it is not admin leave or anything else. State law requires this. Actually, his license can still be pulled, even on a righteous shoot.
3. No, we commissioned officers are not considered peace officers. However, we are viewed in the eyes of the law as 'public servants.' This title gives a little more clout to criminal cases if we are assaulted, it's the same as hitting a cop.
4. BC...he may still get screwed. The Austin DA is a reaaal special guy. He loves to ruin the lives of hard-working folks. I wish this guy the best of luck.

[NRM_Oz Senior Member Find all posts View Profile Close NRM_Oz]

Thanks for the explanation BC, Tenn and Dougo. Anything of this nature is an automatic 2 day leave suspension paid at most companies as there is the offer of assessment and counselling to the staff involved. As an outsider from the USA, the man took reasonable steps to avoid confrontation, was protecting his life and was attacked in the process. He them checked on the shooting victim and provided a duty of care. Problem solved !! I would argue that his experience and training kicked in and protected himself from harm.

Would be curious if our Texan posters could explain SOP on matters like this with state laws ? Here you automatically have your firearms licence suspended pending further investigation.

[Tennsix Member Find all posts View Profile Close Tennsix]

Sounds like equal force to me, considering his training and the force used against him as well as being out numbered, I think he did the right thing, remember as a trained military person he could have very well ended his enemies' life.

Had he not used this force, he may not have got to go home that night. Nice shot.

The law does not require one to meet force with equal force. The law allows a person to meet force with a greater force, so long the greater force is not disproportionate.

As for his training, I would venture to guess the officer did not shoot to “wound”. He most likely fired to end the lethal threat which usually means a center mass or head shot. A person under such extreme stress often experiences diminished control of his fine motor skills. Moreover, the officer was exposed to multiple and dynamic threats. In short, his rounds didn’t necessarily hit was he was aiming at.

The officer is to be commended for his performance. I can only hope to do as well, given the circumstances.

[Black Caesar Senior Member Find all posts View Profile Close Black Caesar]

I just wanted to hit a few things here:

2. He is suspened, it is not admin leave or anything else. State law requires this. Actually, his license can still be pulled, even on a righteous shoot.

Can you direct me to the exact law. I've never heard of such a thing.

The Texas Administrative Code requires notification, not any other action. From Title 37:

(g) The discharge of a firearm while in the performance of their duty by any person registered, or commissioned by a licensee shall be reported to the Austin office of the board. Notification of the discharge of a firearm shall be in writing within 24 hours of the incident, and shall be faxed by the licensee, or manager. The fax shall be addressed to the manager of the bureau at (512) 424-7728. The fax shall include:

(1) name of the person discharging the firearm;

(2) name of the employer;

(3) location of the incident;

(4) a brief narrative of what happened;

(5) whether death, personal injury or property damaged resulted; and

(6) whether the incident is being or was investigated by a law enforcement agency.

I don't see anything in the occupations code that describes an automatic suspension of a Commisson for any reason, and have never ever heard of one. like i said, I'd like to see the specific law.

[SecTrainer Senior Member Find all posts View Profile Close SecTrainer]

...and may I point out that the minute these men picked up rocks they were no longer "unarmed", anyway.

[Bill Warnock Senior Member Find all posts View Profile Close Bill Warnock]

When undergoing Air Police Training at Lackland AFB, TX, we had to run in-place for 30-seconds and then follow commands as to what string of fire would be used. At nighttime shooting, light shining on reflective circle while M-80s were being tossed by instructors. Many of those instructors had returned from their first deployment in Viet Nam, so they added combat realism in each course of instruction.
That guard automatically reverted to his training and came out alive. As SecTrainer wrote, rocks could represent potential lethal force.
I'd wager those young men have been in trouble before.
Enjoy the day,
Bill

[bpdblue Member Find all posts View Profile Close bpdblue]

I agree that having, and additionally throwing rocks at the guard constitutes deadly force being used by the suspects, and using your weapon to defend yourself is lawful.

Good going for the guard!

[Hoji Junior Member Find all posts View Profile Close Hoji]

Anytime a security officer is involved in a shooting in Texas, the PSB will suspend the license of the officer until all of the legal smoke clears. The officer will not be able to work in ANY security capacity until his card is reinstated.

I teach the Level III Course for http://statewidetrainingacademy.com/

[OMG_Ihatethisjob Member Find all posts View Profile Close OMG_Ihatethisjob]

I wouldn't have done what he did

Seeing it was a group of men, and he was by himself, that was red flag #1.
He was working in a bar environment, where people will be intoxicated, and likely do and say things they wouldn't have done if they were sober, was red flag #2. He's black, and the subjects were all hispanics; I don't know what the racial situation is in Texas, but in California, hispanics and blacks don't get along too well. The fact that he was looking at a group of hispanics, and he was of a race whom hispanics are usually not too friendly with, was red flag #3.

If it was me, I wouldn't have approached these hispanic men by myself. If it were 2 men, yes, I'll talk to them (with my PR24 tucked under my arm). 3 or more, I'm going to need some back up if these (possibly intoxicated) group of men decide they are going to gang up on me, which in this case, they did. I think he made a bad decision to approach without calling for some help. If he was working by himself with no partner, then he should had called LEOs to the scene for urinating in public, and indecent exposure.

I've worked bars before, and without talking to a group of suspicious men, I just walk up and write down license numbers, and they get in their cars and leave.

I'm a California guard, and we have no power at all out here. We are classified as "private citizens," which means we have as much police power as the next Tom, Dick, & Harry with prior felony convictions. When we are given our guard license, we are not sworn in to recite any oath. The agency that regulates CA guards stipulate that we are only to "observe and report," and not to take corrective action that exposes ourselves to an unreasonable amount of risk.