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Security officer will let judge decide if laws were violated www.privateofficer.com
A former security guard has decided to let Pima County Superior Court Judge Christopher Browning decide if he was legally prohibited from carrying the gun he used to shoot and paralyze a suspected shoplifter.
Joshua Kosatschenko and Nicholas Kagas were working security at a south-side convenience store last June when Tucson police say four young men grabbed burritos and Cheetos, ran outside and got into a car.
Kagas fell to the ground with his feet under the car while trying to detain one of the men, and Kosatschenko shot the driver when he refused to stop, paralyzing him from the waist down.
The Pima County Attorney’s Office opted not to seek an indictment against Kosatschenko pertaining to the shooting. However, prosecutors persuaded grand jurors to indict Kosatschenko on a charge of possession of a deadly weapon by a prohibited possessor, which carries a maximum sentence of 3.75 years in prison.
Because Kosatschenko has a juvenile criminal record, he no longer has a right to carry firearms.
Kosatschenko and his attorney, Brad Roach, were in court Tuesday to ask Browning to dismiss the case.
Roach argued the Arizona Department of Public Safety granted Kosatschenko a license to work as an armed and unarmed security guard.
Deputy Pima County Attorney Kellie Johnson said Kosatschenko left pertinent information off his permit application and a “reasonable” person would have investigated further if they knew about Kosatschenko’s criminal history.
Browning told the attorneys he didn’t believe it would be appropriate for him to dismiss the case and that a jury ought to decide if DPS’ involvement in the case is an affirmative defense.
After conferring, Roach and Kosatschenko announced they wanted Browning to decide Kosatschenko’s guilt or innocence.
The trial is scheduled for Nov. 30.
Court records show Kosatschenko pleaded guilty to possession of a deadly weapon on school grounds at the age of 11 and to two counts of aggravated assault with a deadly weapon at age 13. He was placed on probation both times.
Shortly after turning 18 in 2007, Kosatschenko applied to have his rights restored and his juvenile records destroyed, but his requests were denied.
He successfully obtained his weapons permit because DPS background searches only bring up adult convictions.
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Shoplifter sues security after being shot www.privateofficer.com
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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