Store clerk dead after following Toledo police chief's advice

By Chad D. Baus

Writing about the victims of crime can be a sensitive business. The practice is done by the pro-Second Amendment community out of a desire to learn from others' experiences, and yet at times it is easy, when viewing media accounts of the events, to perceive victims' stories more as fictional case studies than for what they actually are - the horrifying experiences of actual people, and sometimes the grief of family members who have lost a loved one.

It is with a heavy heart, and with this need for sensitivity in mind, that I approach the story of Matthew Dugan, a 34 year-old man who was shot and killed at his workplace in West Toledo on August 13.

First, from the Toledo Blade story covering the shooting:

Matthew Dugan was wrapping up his midnight shift at a BP gas station in West Toledo yesterday when a man walked into the store about an hour after it opened.

The man stopped at the counter, walked back to a cooler and grabbed a drink, and then returned to the cash register, pulled out a gun, and demanded money.

Mr. Dugan, who had worked at BP only two months, handed the assailant an undetermined amount of money and then turned his back to him, according to video surveillance from the store at 3306 Dorr St., near Secor Road.

Moments later, he was shot once in the back of the head by the gunman, who then fled across Dorr Street and down Searles Road, police said.

Mr. Dugan, 34, who was pronounced dead at the scene about 7:50 a.m., died from a single gunshot wound in the head, said Dr. Diane Barnett, a Lucas County deputy coroner.

"When he turned around, he was probably expecting the guy to walk out the door," said a tearful Molly Dugan, 29, one of the victim's younger sisters. "He gave him everything. There was no reason. He was just doing his job."

...[Toledo police Capt. Ray Carroll] said Mr. Dugan did everything he was supposed to in that type of situation.

"He didn't fight him, he didn't try to grab the gun, he was cooperative," Captain Carroll said. "This was an unbelievably senseless crime."

In other words, Matthew Dugan did just what Toledo police chief Michael Navarre tells people to do when confronted by an armed robber, and it got him killed. Consider Navarre's advice to store owners as recorded in the Toledo Blade on January 23, 2004:

The chief, speaking at a City Council hearing to a roomful of carryout owners, stressed that nonresistance is the best response to an armed robber.

...Asked what they should do if bullets are flying, the chief said, "Take immediate cover - get away from the bullets."

He added: "Pick up a baseball bat if that’s your only defense against bullets coming toward you."

He said the best response to an armed robber is to comply fully and quickly, and to avoid making sudden movements.

Reading Navarre's irresponsible comments in light of the tragic death of Matthew Dugan is almost unbearable. And yet if we are to learn from history rather than repeat it, consider Chief Navarre's negligent advice we must.

Unfortunately, Navarre's advice about nonresistance depends on the good will of the armed criminal in order to save the victim's life. When a criminal decides his best hope to avoid capture is to leave no witnesses, Chief Michael Navarre's advice leads to the victim's death. And that type of help is no help at all.

But it seems that even now, Toledo police are having a hard time grasping the fact that there are criminals who simply do not possess the good will that Navarre's nonresistance strategy requires. Toledo police Capt. Ray Carroll has told the The Blade that officers are still trying to comprehend why the shooting occurred.

"It's hard to do, let alone trying to develop the mind-set of what would cause [someone] to shoot a guy who handed over the money," he said.

Deputy Chief Kenney reiterated yesterday that Mr. Dugan did everything the robber asked of him.

"There was absolutely no reason for him to be shot," he said.

"No reason" for him to be shot? Consider again Navarre's meeting with convenience store owners in 2004:

[Navarre] distributed a list of preventive tips, including:

• Note a robber’s appearance beyond clothing that can be easily discarded.

• Note the direction of the robber’s departure and details of the getaway car without compromising safety.

• Greet customers individually. Such recognition might rattle a would-be robber.

• Don’t be afraid to call police to report suspicious activity.

In short, Chief Navarre advised store owners that the best thing their employees can do to "prevent" an armed robbery is to be a good witness when one is already happening. Matthew Dugan's murderer did the logical thing (to the criminal mind, at least) to prevent that from happening.

While Toledo police can't understand the mindset of the murderers who killed Matthew Dugan, it is clear that citizens like Anis Cherradi do. Just one day before Dugan's murder, Cherradi, a Cincinnati deli owner, took a decidely different approach when two armed robbers entered his store. According to the Cincinnati Enquirer, when an armed criminal put a gun to Cherradi's head and forced him to his knees, the deli owner grabbed his own pistol and began shooting.

As Cherradi struggled with the gunman, he squeezed off two shots.

"He just let go and started running," Cherradi said.

In the summer of 2006, Cherradi said, his younger brother was working alone when two men armed with guns came into the store. They shot him. He returned fire and wounded them, Cherradi said. His brother has recovered.

"That's why I never take a chance with a robber and let them do what they want to do," Cherradi said.

"Look at my brother. They shot him first and asked questions later. I know what the outcome could be if they come to rob you. Even if you let them rob you, there is a big chance they will shoot at you anyway. I have a family and kids. I am not going to let something like that happen to me."

Back in Toledo, three arrests have been arrested in the brutal Toledo murder. A follow-up story in The Blade notes that the shooting is accenting debate over a new Toledo law that would, among other things, require convenience stores to aim surveillance cameras toward the cash register.

The Midwest Retailers' Association, a consortium of Toledo convenience store owners, has opposed the new ordinance. The group filed a lawsuit in April claiming the ordinance puts unconstitutional restrictions on how the stores do business.

Surveillance cameras captured Wednesday's killing on tape, telling police what happened in the incident, but Scott Ciolek, the group's attorney, said the city shouldn't dictate where convenience store owners place their surveillance equipment.

"If keeping a camera pointed at the cash register is aimed at keeping employees safe, in this case, it obviously didn't work," he said.

"The guys who run the business probably have a better idea of where to put the camera."

From useless gun control laws that only worked to disarm the innocent, to security camera laws and nonresistance advice from Chief Navarre, the City of Toledo has consistently failed to provide its citizens a safe environment to enjoy life, liberty and the pursuit of happiness.

Chad D. Baus is the Buckeye Firearms Association Vice Chairman, and teaches concealed carry courses through Northwest Self Defense LLC.

UPDATE: 16 slain in holdups at [Toledo] stations, stores in area since '83