Alleged shoplifter sues Colo. store owner who shot him

By: Barry Leibowitz
Topics: Daily Blotter

Austin Bluffs Plaza Liquors in Colorado Springs, Colo.; the owner is being sued by the accused shoplifter he shot.

/ CBS Denver

(CBS) COLORADO SPRINGS, Colo. - In October 2010, Bryson Dewberry was suspected of stealing a bottle of vodka from a liquor store. The Colorado Springs store owner reportedly chased Dewberry out of the store and shot him in the jaw with a handgun.

Potential charges against the shopkeeper were dropped. Dewberry, the accused thief, is suing him for over $100,000, CBS Denver reported.

The lawyer for Dewberry, a 22-year-old musician, says his client's life "has been shattered."

The lawsuit was filed after prosecutors dropped charges against the owner of Austin Bluffs Plaza Liquors, Chang Ho Yi. Two separate reviews failed to charge Yi for his actions.

Dewberry was also never charged with shoplifting.

"Even if those allegations are true, what we're talking about is a shopkeeper who was so reckless that he takes it not one step too far, but 10 steps too far," Dewberry's attorney, David McDivitt, told CBS Denver.

Another man was also hit in the shooting.

McDivitt said Dewberry has extensive medical bills and was unable to continue with a music career he was pursuing.

"He had a life. A lot of that was shattered because of the reckless conduct on the part of this guy brandishing a heavy-duty revolver," McDivitt said.

The case fell outside of the purview of Colorado's so-called Make My Day law.

"People have a right to own a firearm and defend themselves, but where do they draw the line? Where do they go too far? When do they become so reckless that their actions endanger the lives of others in a way that is unfair to anybody," McDivitt said.

Yi's attorney told the Colorado Springs Gazette that his client fired his weapon because he was disoriented from being struck in the head during the incident.

That detail was never told to police during their investigation.

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by alliesg78 December 19, 2012 7:25 PM EST: So, according to the law as quoted by trottercc-2008, we are to understand that someone can go into an establishment beat up(or shoot, or stab)the clerk on duty, but no one is allowed to leave the establishment and stop said perp with a shot of their own? I do not believe there is a jury in the world that would have convicted this shop-owner, and obviously either did the prosecuters, that is the reason no charges were filed against him. As for the thief not getting charged with the theft--I can only surmise that they believed this kid would have figured out he paid a big price for his stupidity, and to punish him further(and also pick up the tab for his wounds), would have served no purpose, they were obviously wrong--this kid wasn't smart enough to figure that out.; Reply to this comment


by daddycrc-2009 December 19, 2012 2:00 PM EST: just goes to show you, SHOOT straight next time. kill the POS next time. that way he cant sue you.; Reply to this comment


by Joe_____M December 19, 2012 11:04 AM EST: Baloney. The alleged thief was outside of the owner's store and in a public area. I also hope the other completely innocent guy hit in the shooting sues the pants off this guy. This isn't the wild west, where any guy with a gun gets to decide that someone should be executed because he's the one carrying, and too bad about the collateral damage.; Reply to this comment

by txsunshyne December 19, 2012 10:18 AM EST

But it was OK for him to steal from the store owner? UH NO it wasn't. If you don't want to be shot don't steal from people. I sure hoped he learned his lesson.

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by trottercc--2008 December 19, 2012 11:01 AM EST: You obviously have no concept on the laws in Colorado. The shopkeeper, while he has the right to protect himself, cannot chase the alleged thief down and shoot him. Once the individual has left your property, you cannot peruse them and legally shoot him. This is a clear case of the shopkeeper being lucky, and I would not be surprised if he does lose his case and is successfully sued. Read up on some of the laws - I have on many occasions, and an shocked (based on LAW) that the shopkeeper was not charged.

by ttbird55 December 19, 2012 10:18 AM EST

Welcome to the new America....You are no longer responsible for your bad behavior. I can't wait until the next criminal sues the police for shooting him. What is the difference?

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by trottercc--2008 December 19, 2012 11:01 AM EST: You obviously have no concept on the laws in Colorado. The shopkeeper, while he has the right to protect himself, cannot chase the alleged thief down and shoot him. Once the individual has left your property, you cannot peruse them and legally shoot him. This is a clear case of the shopkeeper being lucky, and I would not be surprised if he does lose his case and is successfully sued. Read up on some of the laws - I have on many occasions, and an shocked (based on LAW) that the shopkeeper was not charged.