July 24, 2009 Shoplifter sues security after being shot www.privateofficer.com
Tucson AZ July 24 2009
An 18-year-old Tucson man shot and paralyzed outside a south- side convenience store after a failed shoplifting attempt by his buddies filed a lawsuit against Circle K, Valley Protective Services, Inc. and two security guards.
On Tuesday morning, the Pima County Attorney’s Office confirmed it will not seek an indictment against security guard Joshua Kosatschenko in connection with the shooting, nor will it seek indictments against Daniel Tarango, who was shot, or the shoplifting suspects.
Tarango was sitting in his mother’s car when Kosatschenko and fellow security guard Nicholas Kagas chased three young men from inside the Circle K into the parking lot, according to the lawsuit, which was filed in Pima County Superior Court.
“After failing to apprehend the boys, Defendant Kosatschenko fired his gun in the direction of (Tarango),” the lawsuit states. “Tarango was struck by three hollow-point bullets, which caused life- threatening, severe and permanent injuries. One of the bullets lodged in or near his spinal cord and has paralyzed him from the waist down. He now requires substantial medical care for the rest of his life.”
The lawsuit alleges Kosatschenko acted “negligently and recklessly” and his employer, Valley Protective Services, and Circle K are “vicariously liable” for his and Kagas’ actions.
The guards were instructed to use force to arrest anyone suspected of shoplifting, the lawsuit states.
Tarango is seeking unspecified damages for himself, his two children, ages 1 and 2, and his parents.
Circle K spokeswoman Diane Ketterhagen declined to comment, and Valley Protective Services did not return messages.
Prosecutors said Kosatschenko was not indicted in the shooting because it appears he fired his weapon to prevent Tarango from running over Kagas, who fell under the car while wrestling with one of the shoplifting suspects.
In a letter to the Pima County Sheriff’s Department, Deputy Pima County Attorney Kellie Johnson wrote: “It is truly unfortunate that this tragic incident resulted in a young man being paralyzed.”
Johnson said they opted not to pursue a case against the shoplifting suspects because the charges would only be misdemeanors.
While Kosatschenko wasn’t indicted in connection with the shooting, prosecutors did convince grand jurors to indict him on a weapons charge Tuesday afternoon.
Kosatschenko is facing a possession of a deadly weapon by a prohibited possessor charge, which carries a maximum prison sentence of 3.75 years in prison.
Kosatschenko had his right to carry a firearm revoked as a juvenile. However, he was licensed to work as an armed and unarmed security guard by the Arizona Department of Public Safety because the agency’s background searches only bring up adult convictions.
Kosatschenko’s defense attorney, Brad Roach, said they are disappointed that his client was indicted on that charge since Kosatschenko was told by DPS he could arm himself.
“We think we’ve got a good defense in that case,” Roach said.
Court documents indicate this was not Tarango’s first run-in with the law.
Tarango was arrested at the age of 14 on criminal damage and liquor law violation charges after causing more than $1,300 worth of damage to tires owned by 10 separate victims while drinking.
Two months later, Tarango was arrested again when he broke a glass over another person’s head, pushed his mother to the floor and caused other damage while drinking, court documents state.
Tarango was placed on one year of probation and ordered to pay restitution, and probation officers unsuccessfully tried to revoke his probation on four occasions. Court documents indicate at different times Tarango smoked marijuana, failed to enroll in school, didn’t complete substance-abuse programs, didn’t pay restitution, didn’t write letters of apology and didn’t finish parenting classes.
In January 2008, Tarango was accused of shoplifting six bottles of liquor from a grocery store. In April 2008, Tarango was accused of repeatedly skipping out on his house arrest.
Tarango was upgraded to juvenile intensive probation in April 2008 and successfully completed it in October 2008.
An 18-year-old Tucson man shot and paralyzed outside a south- side convenience store after a failed shoplifting attempt by his buddies filed a lawsuit against Circle K, Valley Protective Services, Inc. and two security guards.
On Tuesday morning, the Pima County Attorney’s Office confirmed it will not seek an indictment against security guard Joshua Kosatschenko in connection with the shooting, nor will it seek indictments against Daniel Tarango, who was shot, or the shoplifting suspects.
Tarango was sitting in his mother’s car when Kosatschenko and fellow security guard Nicholas Kagas chased three young men from inside the Circle K into the parking lot, according to the lawsuit, which was filed in Pima County Superior Court.
“After failing to apprehend the boys, Defendant Kosatschenko fired his gun in the direction of (Tarango),” the lawsuit states. “Tarango was struck by three hollow-point bullets, which caused life- threatening, severe and permanent injuries. One of the bullets lodged in or near his spinal cord and has paralyzed him from the waist down. He now requires substantial medical care for the rest of his life.”
The lawsuit alleges Kosatschenko acted “negligently and recklessly” and his employer, Valley Protective Services, and Circle K are “vicariously liable” for his and Kagas’ actions.
The guards were instructed to use force to arrest anyone suspected of shoplifting, the lawsuit states.
Tarango is seeking unspecified damages for himself, his two children, ages 1 and 2, and his parents.
Circle K spokeswoman Diane Ketterhagen declined to comment, and Valley Protective Services did not return messages.
Prosecutors said Kosatschenko was not indicted in the shooting because it appears he fired his weapon to prevent Tarango from running over Kagas, who fell under the car while wrestling with one of the shoplifting suspects.
In a letter to the Pima County Sheriff’s Department, Deputy Pima County Attorney Kellie Johnson wrote: “It is truly unfortunate that this tragic incident resulted in a young man being paralyzed.”
Johnson said they opted not to pursue a case against the shoplifting suspects because the charges would only be misdemeanors.
While Kosatschenko wasn’t indicted in connection with the shooting, prosecutors did convince grand jurors to indict him on a weapons charge Tuesday afternoon.
Kosatschenko is facing a possession of a deadly weapon by a prohibited possessor charge, which carries a maximum prison sentence of 3.75 years in prison.
Kosatschenko had his right to carry a firearm revoked as a juvenile. However, he was licensed to work as an armed and unarmed security guard by the Arizona Department of Public Safety because the agency’s background searches only bring up adult convictions.
Kosatschenko’s defense attorney, Brad Roach, said they are disappointed that his client was indicted on that charge since Kosatschenko was told by DPS he could arm himself.
“We think we’ve got a good defense in that case,” Roach said.
Court documents indicate this was not Tarango’s first run-in with the law.
Tarango was arrested at the age of 14 on criminal damage and liquor law violation charges after causing more than $1,300 worth of damage to tires owned by 10 separate victims while drinking.
Two months later, Tarango was arrested again when he broke a glass over another person’s head, pushed his mother to the floor and caused other damage while drinking, court documents state.
Tarango was placed on one year of probation and ordered to pay restitution, and probation officers unsuccessfully tried to revoke his probation on four occasions. Court documents indicate at different times Tarango smoked marijuana, failed to enroll in school, didn’t complete substance-abuse programs, didn’t pay restitution, didn’t write letters of apology and didn’t finish parenting classes.
In January 2008, Tarango was accused of shoplifting six bottles of liquor from a grocery store. In April 2008, Tarango was accused of repeatedly skipping out on his house arrest.
Tarango was upgraded to juvenile intensive probation in April 2008 and successfully completed it in October 2008.
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