May. 05, 2004
Akron Beacon-Journal

Dairy Mart clerk injured in holdup
Robber strikes worker on head with pistol before fleeing with cash

A robber entered a busy West Market Street convenience store Tuesday and struck a clerk in the head with a gun before fleeing with the store's cash.

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The holdup occurred about 10:50 a.m. at the Dairy Mart at West Market and Rhodes Avenue, just east of the Highland Square area. Six customers were in the store when a hooded man walked in and pointed a handgun at the clerk, police said.

"I was at the lottery machine and had just rung something up for a customer when he showed me his gun,'' the clerk, Mustapha Taoufik, recalled later. "He put the gun in my face and said, 'Open the register and give me all your money.' ''

Taoufik worked nervously to punch buttons on the register so it would open. Once he got the register to cooperate, he started handing over the money.

The robber raised his gun.

"He knocked me in my head with his gun and then took the rest of the money,'' Taoufik said. "Sometimes (robbers) are not satisfied. They want to hit somebody, too.''

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When the gunman walked out of the store, he headed north across Merriman Road.

"He left really cool,'' Taoufik said. "He was not in a hurry.''

Later, on nearby Charlotte Street, police found a purple Chevrolet Cavalier believed to be connected to the robbery. Officers took pictures of the car and had it towed away.

Police charged Edward Morton, 23, of Cuyahoga Street with aggravated robbery. He was being held at the Summit County Jail on Tuesday night.

Taoufik was struck hard enough to draw blood. He was treated for the injury at Akron General Medical Center.

The store owners declined to be interviewed about the incident. They said they didn't want "negative publicity.''

Commentary:
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If they didn't want negative publicity, the owners should never have made this store a disarmed victim zone.

Does ANYONE believe this criminal would have walked into the Ashtabula BP station at the intersection of Rt. 45 and I-90, after having read THIS sign?

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Do Not Patronize While Armed

FOR IMMEDIATE RELEASE
May 5, 2004

Ohioans For Concealed Carry is pleased to announce that OFCC member and
Cuyahoga Co. resident Jim Irvine has been completely successful in his lawsuit
to force Cuyahoga County Sheriff Gerald McFaul to comply with his duty under
the law.

After having told the media that he would not accept CHL applications
until "the end of May" or "the beginning of June", and refusing to accept
Irvine's application on April 8 as required by law, Irvine filed a Complaint
for a writ of mandamus with the Ohio Supreme Court, asking the court to force
Sheriff McFaul to perform his duty under the law. Ohioans For Concealed Carry
was an early provider of support and assistance for this lawsuit.

Sheriff McFaul has now reversed plans to hold off acceptance of concealed
handgun license applications until later this month, and began taking
appointments on Monday, May 3. McFaul's office had already shown signs of
weakening resolve, having announced that they would accept temporary emergency
license applications within days of being sued.

"For years, gun owners have complied with laws we didn't like, and we expect
all 88 Ohio sheriffs to comply with the law," said OFCC member Jim Irvine, of
Strongsville. "I hope that other sheriffs will do all they can to comply with
the letter and spirit of the law, and avoid action such as I was forced to
take, which serves only to waste taxpayer money."

Sheriff McFaul has agreed to pay for court costs and attorney's fees
incurred by Irvine for having to bring the suit.

Said Irvine, "Cuyahoga County accepted my temporary emergency license
application this morning. There where some startup problems, but we worked
through them and everyone was polite and professional the entire time. I don't
expect any further problems."

"I am gratified that the attorneys at the Cuyahoga County Prosecutor's office
were willing to be consummate professionals and reach a resolution to this
case, without having to go through added time and expense in litigation," said
Irvine's attorney Ken Hanson, of the law firm of Firestone and Brehm Ltd. "We
will continue to seek reasonable resolutions to problems as they are
identified, and only bring litigation as a last resort."

Related Stories:
Cuyahoga County citizen files suit against Sheriff Gerald McFaul

Jim Irvine's Writ Of Mandamus Court Documents

Activists throughout Ohio are continue to make OFCC aware of successes in educating business-owners about why making their stores criminal protection zones is a very bad idea. We can't publish every story, but the following emails detail how just one persistent customer can make a difference:

April 23: Just left my bank, First Knox National, Centerburg office - they are banning firearms, as is the Mt. Vernon office. I should say "former bank" - I am closing my savings and company accounts. Have been talking to the managers, and just sent a letter to the Pres. & CEO of First Knox National to close my accounts.

April 26: Just sent another letter to First Knox National requesting that they
provide an armed guard to walk me to my car when my savings account is closed
later this week (it's not just a few Thousand). I also asked if they have considered what will happen when
people go in to draw cash from their SS and other checks that are direct-deposited about the first of the month. What easy pickings!!!! I advised that the Co. account will be closed when the uncashed checks clear - that one had deposited over [middle-six figures] last year. I think this is only a knee-jerk reaction that will cease, but if they are that stupid I do not want to deal with them.

April 28: When I got home last night had two messages from the President [of Ft. Knox Ntl. Bank]. I reached him this afternoon about 2:45, and he said they
revisited the issue and the signs are coming down. They may not all be down today but will by the end of the week!!! He said my letter and email was not the
reason they just decided that it did not make any sense.

Whatever the reason Ft. Knox National believes they removed their signs, they should be told it was the right decision - it just doesn't make any sense for banks to advertise that everyone inside is defenseless.

Ohio has one of the highest rates of bank robbery in the nation. One Fifth-Third bank customer in Michigan was unfortunate enough to discover just how disappointing or even dangerous banking can be while defenseless.

Click on the "Read More..." link below for more.

UPDATE:
Kroger digs in for a fight.

Ohioans For Concealed Carry has been informed by Kroger Customer Relations that the company is reexamining its decision to post signs barring concealed handgun license-holders from its Cincinnati-Dayton area stores.

One of the most offensive parts of the decision by Kroger's Cincinnati region risk management division is that although that department controls stores in Northern Kentucky as well as Cincinnati and Dayton, signs are NOT being posted in the Kentucky stores! Many customers have asked why Kroger trusts Ohio citizens less than those from Kentucky or the rest of the nation. Why is Kroger discriminating against concealed handgun license-holders from Ohio?

Since OFCC first made the hypocritical move by Kroger management public last Saturday, the company reports having received a large amount of of phone calls, including calls from AZ, GA, MI, IN, KY, VA, WV, CA, FL, TN and other states. The complaints are being forwarded to the division and the home office. Customer Relations reports that home office is reconsidering the policy.

Headquartered in Cincinnati, the Kroger Company has years of experience with doing business in concealed carry states. It is likely that CHL-holders have shopped at Kroger-owned companies while armed on literally millions of occasions.

Until the hypocritical, discriminatory signs come down, concerned customers should continue to let Kroger know how they feel. Kroger's national customer service number is 800-576-4377 or 866-221-4141. Click here to share comments online.

Click here to view a list of other "business ban hypocrites" - and to see details of progress in the effort to treat Ohioans as they do customers in other states.

Related Story:
Signs come down at former hypocritical Business Banners