Is It Worth It?

t's been all over the news in the past few days. From the Walla

Walla Union-Bulletin and the Yakima Herald Tribune to the Seat- tle Times and the San Francisco Chronicle, the story has received a lot of attention.

The Walla Walla County Prosecutor Jim Nagle decided on Mon- day not to file criminal charges against John Saul, the owner of the New York Store in Walla Walla who reportedly shot and killed a rob- ber at his business.

In his decision, Nagle underscored an important legal principle: defense of self and property, a right set out in state law and upheld by the state's Supreme Court. At the same time, we would like to point out that our county prosecutor also stressed how risky it is for civil- ians to use force in their exercise of this right, potentially endangering themselves, the suspect and the public. As has been widely reported this spring, Saul shot and killed 22-year-old Cesar Chavira after the 63-year-old store owner reportedly caught Chavira breaking in and stealing items from a display case. The burglar then allegedly threat- ened Saul before fleeing with some of the stolen items on his bicycle. The threat turned his offense from a burglary into second-degree rob- bery, which is considered a felony and a violent crime.

Saul still faces a possible civil suit from Chavira's family.

The tragic story about the nighttime incident on May 4 obtained a local connection when Saul hired Waitsburg Attorney Mike Hubbard to take his case.Hubbard, who has practiced law for more than 30 years and has proved to be successful in a wide array of legal cases, helped obtain a positive result for his client here too.

Saul's case took a favorable turn when the jury in a rare coroner's inquest recently ruled that the store owner's actions resulted in a "justifiable homicide." The Chavira family's attorney, Michele Trom- bley strenuously argued the killing was not "justifiable," saying the evidence shows the suspect was simply running away from the scene. The inquest jury reportedly was deadlocked at first on the question whether Chavira was the threat Saul claimed he was.

Although Nagle wasn't legally obligated to follow the inquest's outcome in his own decision whether to charge Saul, the inquest jury's verdict was an indicator of what a trial jury would probably have de- cided. In a statement released Monday, Nagle said the verdict showed how "difficult prosecuting the case would be."

The standard in self-defense cases is different from others. Unless the jury is convinced beyond a reasonable doubt that a person was not defending themselves, their property, or against a felony, it is instruct- ed to find the defendant not guilty.Chavira paid for his alleged robbery with his life, an unfortunate outcome that doesn't fit the crime.

Such an outcome should be avoided as should unnecessary or excessive force in exercising the right to self defense.

But that's easy for us to say. We weren't there. Saul was.

He was confronted by a robber whom he said not only threatened him and but was also within reach of a weapon the store owner kept in the vicinity of the broken display case. As Chavira fled the store with some of the stolen goods, he reportedly turned at least once, indicating he could have threatened Saul in some way again. Saul simply didn't know and didn't take the chance. According to law enforce- ment officials, Chavira was known for his criminal record and for his confrontational nature.

Hubbard reports that Saul, a reputable store owner opposite in nature from Chavira, was deeply shaken by the incident, according to Hubbard.Regardless of whether Saul made the right decision in the moment, it wasn't the store owner who set off the chain of events that led to Chavira's death. When he forced his way into the New York Store, Chavira knowingly broke the law, violated another man's right to privacy and strayed into the unknown, threatening Saul's life and jeopardizing his own.

As Hubbard points out, this case should remind criminals and would-be criminals that engaging in the kind of violent crimes of which Chavira was suspected could be a life-ending activity. They should ask themselves if it's worth risking everything this way.

When acting in self defense, even the most steeled and seasoned gun bearer is going to try to stay one step ahead of an intruder, mini- mizing the risk that even the slightest suspicious move is more than an innocent gesture, particularly after receiving a verbal threat of violence.If anything good can come out of this, perhaps young men on a dangerous path toward crime will realize they're better off reha- bilitating themselves and turning their energy to productive pursuits.

The alternative may be a dead end.