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Walgreens sued by pharmacist who stopped robbery with handgun
#1
By Michael Oneal
Thu Sep 8 2011 4:46 PM
Lawyers for a Walgreen's pharmacist in Michigan who lost his job after using his own gun to thwart an armed robbery attempt last May released surveillance video Wednesday that documents the event in chilling detail.

Jeremy Hoven, who was hailed as a hero by gun rights activists after the incident, sued the retail giant in federal court for wrongful termination last month. Deerfield-based Walgreen Co. has denied the charge and is contesting the suit in U.S. District Court in Grand Rapids, MI.

Hoven gained national attention last May after he brandished his own Smith & Wesson 357 Magnum revolver to prevent an apparent armed robbery at an all-night Walgreen's store in Benton Harbor, MI. Shortly afterward, Walgreen fired him for violating company policy.

Hoven's court papers say he had a permit to carry a concealed weapon and only used it to protect himself and other store staff when two masked gunmen burst into the store at 4:30 am on May 8. The suit claims Hoven "had a right to defend himself and others" when he fired his pistol at the robbery suspects and had a "right to carry a concealed weapon" during the incident.

But Walgreen contends Hoven's actions violated store policy, which specifically bars employees from carrying weapons and instructs employees to avoid confrontation in the event of a robbery.

"Store employees receive comprehensive training on our company's robbery procedures," a spokesperson said in an emailed statement. "Compliance is safer than confrontation. Through this practice, we have been able to maintain an exemplary record of safety."

The suit explains that Hoven had worked for Walgreen since early 2006 and was rated "above-average" in his most recent performance review. He began carrying a gun to work after the Benton Harbor store was robbed by an armed assailant once before in December 2007.

Following that incident, the suit said, Hoven asked Walgreen management for increased safety measures, including installing a "panic-button" and mandating that the store be shut down during power outages. But when Walgreen didn't comply, Hoven decided to seek a permit for his own concealed weapon and started carrying a high-powered revolver to work in his pants pocket.

What happened on May 8 is clear from the surveillance videos.

Two hooded men carrying pistols burst into the store, which was empty of customers, and immediately grabbed one of Hoven's co-workers and dragged him around the store. Hoven tried to call 911, the suit said, but then one of the men jumped over the pharmacy counter and pointed his pistol at Hoven, who drew his own gun in response. The video shows Hoven, phone in one hand, gun in the other, firing multiple shots. With that, the two gunmen turned and fled from the scene, dropping one of their pistols in a store aisle.

Walgreen said in its statement that its non-confrontation policy, which it said is endorsed by law enforcement officials, is "designed to maintain the maximum safety of our customers and employees."

The company contests Hoven's claims that it neglected safety after the 2007 robbery.

"We've made significant investments in security technology in recent years, including increasing the number of digital surveillance cameras at our stores," the company said. "We continue to invest in state-of-the-art security measures and high-definition surveillance equipment and hope that the apprehension of robbery suspects in the Benton Harbor area will prevent future crimes."
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Walgreens sued by pharmacist who stopped robbery with handgun - by ZEROSPHERES - 09-12-2011, 01:06 PM