IL--Don't Prosecute Bob Buttrum for Catching a Thief!

Don Gwinn

Staff Emeritus
I received this from John's mailing list at www.concealcarry.org yesterday. The State's Attorney's office number again is 1-618-244-8025. From the reaction when I called, I'm certain they're getting calls from people asking them to prosecute Buttrum. There's some speculation in the email that the local NAACP chapter is leaning on the SA office because Buttrum is white and the "victim" who stole the gas is black. I don't see how that could possibly be a racial issue unless Buttrum allows white people to steal from him.

Before anyone starts, yes, what he did was tactically ill-advised and technically violates Illinois law. But if you don't want to see the man go to jail for it, please make a call.



It just keeps getting better in Illinois. First it's Hale Demar protecting his home and family in Wilmette prosecuted. Now we have downstater Mr. Bob Buttrum about to get a taste of liberal justice.

Bob owns a convenience store in Jefferson County. This county is so backwards they don't even have a web site. For that very reason some would say that makes Jeff' County an idyllic place . But guess you have to scratch the surface to see what lies below.

Back on May 26th Bob's store was robbed of gasoline. You know, fill the tank and split. But Bob's store is called "Midway Mart" not "Rob and Run."

Bob can't afford to lose profits this way and heck, stealing is just plain wrong. So Bob gave chase in his truck and finally stopped the vehicle and held the perpetrator by brandishing his gun in his general direction (that is pronounced DYE-wreck-SHUN down south.)

The sheriffs came and arrested 18 year old Larry Mitchell for theft of services. Now common sense would tell you that Bob would get a citizen's citation for his work - and that criminals would get the word that it just isn't safe for them to do business in Jefferson County in general and at Bob's Midway Mart in particular.

But this is Illinois, not the real world. Reliable sources inform me that Bob will likely be indicted by the Jefferson County Grand Jury on July 22d probably on felony unlawful use of weapons charges. Our sources tell us the sudden motivation for this move by Jefferson County State's Attorney Gary Duncan is mounting pressure from the local NAACP. You see the perpetrator is black and they feel young Mr. Mitchell was singled out by Bob based on race. Or so the NAACP do say. As if a white guy could drive into Bob's and pump free gas. But this is the NAACP mentality so, like a woman's mind, there is no fathoming it.

We are watching this case closely and will report to you if the indictment is handed down. If it is, well I think the Jefferson County courthouse is going to get a little visit. Probably from both gun owners and NAACP supporters. This could be the next three ring circus to hit the county seat of Mt. Vernon, IL.

But what is important is that as gun owners we have to stick together. When you arrest one gun owner, you arrest all gun owners.

Further, there is a long tradition that what happens north of I-80 gun rights-wise is handled by Concealed Carry, Inc. South of I-80 belongs to the Champaign County Rifle Association. I expect to follow their lead should an indictment be forthcoming. In a perfect world the I$RA would cough up the legal dollars, but I haven't seen them ever put out a dime to help a gun owner. Let's hope this case will be different should it come down to it.

You know I expect crap like this from Cook County and even the collar counties. But when southern Illinois gets this way, you have to wonder if the whole state shouldn't just be renamed "PENAL COLONY 5348B." I really need to go to a re-education camp as I am flumoxed by this situation. I need some liberal to 'splain it to me.

For those itching to make a difference now....you know, those of you who love to make phone calls to make politician uncomfortable, State's Attorney Gary Duncan phone number is 618 244-8025 and his personal cellular phone (We have our sources you see but the phone is only taking messages now....I wonder why?) is 618 214-2157.

I really think we could all save a lot of time and trouble if we gave Bob a citizenship award and not a trial. If you call SA Duncan be polite, short, to the point. He has not pulled the judicial trigger on Bob yet so let's hope the light of reason shines between now and next week.

The original reporting on this appears below.

NOTE TO OUR SUPPORTERS: Balanced the check book today. We have $451 dollars in the old bank and dropping. If anyone has recently won the lottery or still has a job and is feeling generous of spirit feel free to click on the PayPal or Amsoil links above or simply mail huge envelopes stuffed with cash (no questions asked) to:

Concealed Carry, Inc.
PO BOX 4597
Oak Brook IL 60522-4597

I'll be holding a vigil at the PO BOX....


Taking matters into his own hands
May 27 2004 12:00AM By

By MARY KAYE DAVIS
marykaye@register-news.com
http://www.zwire.com/news/newsstory.cfm?newsid=11809256&BRD=987&PAG=461

BLUFORD — Midway Mart owner Bob Buttrum has seen his fair share of shoplifters and people pumping gas, then driving off without paying.
Late Wednesday morning, it happened again.
Around 11:30 a.m., a black Blazer pulled into his gas station/convenience store on Illinois 15 near Markham City Road and a man got out and starting pumping gasoline.
“He started acting really suspicious and nervous,” Buttrum said. “He would look in the windows of the store and then look down. I turned to my friends in the store and said, ‘Boys, I think he’s getting ready to steal some gas.”
No sooner did he get those words out when he saw the man drop the gas hose and speed out of the parking lot, his vehicle spinning gravel into the air, Buttrum said.
Buttrum called the Jefferson County Sheriff’s Department, but was told it didn’t have a squad car in the area.
While most store owners probably would have just thrown up their hands, Buttrum and his two friends took a different route; they jumped in their vehicles and chased the man down.
Armed with cell phones and, in Buttrum’s case, a 9 mm pistol, the three men also sped out of the parking lot and headed south down Markham City Road.
Buttrum said another friend in town, who was standing outside during the chase, estimated the Blazer was traveling about 70 to 90 mph down the road.
“The people in the Blazer were throwing things out of the vehicle left and right as they were heading down the road,” Buttrum said. Finally, one of Buttrum’s friends was able to pass the Blazer and blocked it in. Buttrum and the other friend caught up and did the same.
“At that point, I got out of my vehicle and let the four guys know I did have a gun,” Buttrum said. “I really didn’t know what I was getting into because I knew one of them also had something in their hand, but I couldn’t tell what it was because the windows were all tinted. I ordered the person to put it down, but they were too busy acting crazy, mouthing off and yelling” profanity, the business owner said. “I called the sheriff’s department back and told them I had a gun and I was holding them at bay until someone could arrive.”
Buttrum told the vehicle’s occupants to show what they had in their hands. It turned out to be a cell phone.
The sheriff’s department arrested Larry Mitchell, 18, of 3805 Robin Drive, Mt. Vernon, at 2:22 p.m. Wednesday on a charge of theft of services, a sheriff’s department spokesman said. His bond was set at $1,000; he posted bond and was released.
The three other occupants in the Blazer have not been charged.
Buttrum said even small thefts can drive a small business into the ground, and he wasn’t going to let it happen again.
“Most owners just blow stuff like this off, but I can’t and I won’t,” Buttrum said.
The store owner said he makes about $30 to $35 profit a day on gas sales, working a 14-hour day, and he wasn’t going to let those profits just drive off.
“I’m just tired of it,” the businessman said. “People are running all over small stores. You read in the paper every day that someone drives off without paying for gasoline, but how many times do you read about them catching the person. We just wanted (the thieves) to know that even though we’re a small store about 10 miles out, we’re not going to put up with this kind of stuff. Hopefully, people will get the point.”

I believe this would be felony UUW. Jeff can probably tell us more about that, but I don't know how involved he will want to be. This is not very far from his jurisdiction.
 
Don, if you are going to post a pro gun story where a gun owner is facing charges, at least post a proper title that actually describes the truth. The title you posted commanded to not prosecute Buttrum for catching a thief. They aren't prosecuting him for that, are they? No they are not. They are prosecuting for weapons charges. There is not reason to lie or superficially augment the the actual truth to try to sway your fellow gun owners. When you do, it is as bad as when the anti-gun folks torque the facts around. It is okay to actually speak the truth and the truth is not that Buttrum is being prosecute for catching a thief. Alone, then that might be worth a metal, but Buttrum apparently broke Illinois law with his pistol and that is what he is being prosecuted for.
 
*pinches bridge of nose*

I feel a headache coming on...

Yes, they are prosecuting him for catching a thief. Period. Had he not done the right thing and aprehended said thief when the cops could not or would not he would not be in this position. If the laws in Illinois were not designed to protect criminals and empower the State he would not be in this position. If the lawmakers in the state of Illinois were more concerned with paying attention to the Constitution and BoR than lobbying groups supporting criminals and special interests he would not be in this position.

So yes, he is being prosecuted for aprehending a criminal. Call it whatever else one wants by citing whatever silly "laws" one may dig up but it remains what it is.
 
I'd prefer, in future, that you restrain any urge you may feel to call me a liar. I freely admit I don't take it well. If you disagree with me, well and good. The fact that you hold a different opinion does not make me a liar, sir.

2nd Amendment sums up my position well. The truth is that the weapons charges are simply the excuse. The fact that he committed an act of "vigilante justice" in the eyes of the state by apprehending his own thief rather than accepting the county's brush-off is the real issue here. Again, you may disagree with that assessment, but let's not stoop to personal attacks over it. All you have to do is tell me why you disagree--which, so far, you have not done.
 
Dns,

"Protecting your livelihood is not vigilantism. Check the definition." ;)

He was in hot pursuit, not seeking after-the-fact, cold-blooded vengeance.
 
Can anyone of our generation say "hot pursuit" without mentally throwing in a Sheriff Coltrane "gyu-gyu-gyu"? I know I can't. :D

There's GOT to be a legal difference between "brandishing" and "lawful use incident to citizen's arrest". Maybe it was so obvious back in the day, no one thought to write it down? :confused:
 
As far as I know, there is no legal right to pursue someone from the scene of a crime and use force to subdue him in Illinois. I dunno.

The bottom line is that the SA has enough discretion to declare that he won't prosecute a man for defending his business with a firearm. If we convince him to do that, it doesn't matter what the technicalities are.
 
The fact that he committed an act of "vigilante justice" in the eyes of the state by apprehending his own thief rather than accepting the county's brush-off is the real issue here.


Yep. Can't have the serfs acting like they have any authority, you know. That kind of thing undermines the REAL authority, which is the State, of course.


Oh, but maybe the real problem is that he captured a BLACK thief. At least, I'm sure that's how the NAACP sees it.
 
And there's the frustrating thing. Good guy, bad guy, I don't CARE what color he is. Neither do the police or the average Joe on the street. It doesn't become an issue 90% of the time until the NAACP or some other group that makes it's living off keeping race in the spotlight shows up and starts whining. :rolleyes:
 
As far as I know, there is no legal right to pursue someone from the scene of a crime and use force to subdue him in Illinois.

Don't know about IL statutes, but at common law, Bob would have the power to make a citizen's arrest for the crime committed in his presence. If he were armed and observed the perpetrator in possession of what he believed to be a weapon, "brandishing" his weapon and holding the perpetrator at gunpoint would be lawful force.

They might prosecute him for having an unregistered firearm (if that is the case) but any prosecution for brandishing a firearm, assault, etc., should fail based on the defense that he was making a citizen's arrest.
 
There's a good discussion going on over at THR as we speak.

The good news is that Buttrum will not be prosecuted. He has to take a 3-hour class on use of force or gun safety depending on who you believe, but that's about it. No criminal record, no trial.

The bad news is that either John Birch or SA Duncan is lying to us. Birch quotes a Mt. Vernon newspaper, the Morning Sentinel, as reporting that a "concealed weapons advocate from northern Illlinois" urged people to call SA Duncan on Buttrum's behalf, but that "none did, Duncan said."

Now, I KNOW people called. I called. Duncan wasn't in the office at the time, but the lady who took my call was very professional. She took my name, cell number and my position on the issue down in writing, and she read back my name and number to make sure she had it. There's no way Duncan actually believes he didn't get a call. Unfortunately, the Sentinel apparently doesn't have a web version, and the other newspaper that reported on this didn't mention Duncan's remarks about no one calling him.

I've emailed the reporter I do have access to (she writes for the paper that didn't mention Duncan's claim that no one called, but I thought maybe he said it to her too, in which case she could corroborate the other story.
 
I should also mention that Jeff White, a police officer from the county just north of Jefferson County, believes Buttrum was probably never in any real danger of prosecution. He says that Duncan probably only wanted to convene a grand jury because he knew they wouldn't indict Buttrum and it would get the NAACP off his back.

I'm not sure I buy that, but Jeff would certainly know better than I.
 
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