I frequent this party store near my house all the time. Crazy, mixed up country we live in where the judicial system lets stuff like this happen:
**************(from Macomb Daily newspaper article)
The owner of Nick's Party Stop on Cass Avenue in Clinton Township and several people connected to his store are being sued by a man who was shot while robbing the store.
The lawsuit, filed by Scott Thomas Zielinski from his cell in a Michigan prison, was assigned to Macomb County Circuit Judge David Viviano.
John Acho, owner of the store and one of the people sued, said his customers are mad that an armed robber is allowed to file a lawsuit after he threatened the store's employees with a knife.
Zielinski is seeking in excess of $125,000 for injuries sustained when he was shot running from the owners of the store. They went after him because he held two of the employees at knife point and
threatened to kill them, police said.
"He comes into my store wearing a mask and armed with a knife, threatens to kill my employees and steals cigarettes and $793 in cash," said John Acho, the store owner. "And he is suing us because we ruined his life and he is going through pain and suffering."
Zielinski, 22, was convicted of the November 2007 robbery. In a plea bargain, he was sentenced May 20, 2008 to eight to 22 years in prison for unarmed, instead of armed, robbery.
A year earlier he was sentenced to one year, seven months in prison for the robbery of Charter One Bank in Warren on Feb. 17, 2006.
Shortly after being released from prison, Clinton Township detectives said Zielinski walked into Nick's, frequented by Chippewa Valley High School students and workers, and stuck a knife in the face of several store employees to show he was serious about robbing the place.
"My store was robbed three times before this and our employees were prepared if it happened again," said Acho of Sterling Heights. "We are just protecting our property."
Acho told Clinton Township police his mother, nephew and cousin were working in the store when Zielinski walked in and put a knife to his mother's throat. After stealing money and cigarettes he was shot by Justin Kallo with a .357 caliber Magnum revolver.
The lawsuit contends that Kallo followed Zielinski out of the store and fired a second time, striking Zielinski in the back and arm. The lawsuit also contends that Kallo and employee Jonathan Kallo repeatedly punched and kicked Zielinski and held him for police.
In the lawsuit, Zielinski's attorney Andrew Mychalowych contends that his client suffered a gunshot wound to his left arm, contusions on his head and body and lacerations. He also said his client suffered mental anguish, anxiety and emotional distress and loss of capacity for the enjoyment of life.
"His attorney should go to jail for the accusations he made," Acho said.
"He said this armed robber is suffering from anxiety and emotional distress. Well, simply put, he could have avoided all of that by getting a job and working hard to make a few dollars like we do and not stealing our money that we worked very hard for and threatening to kill us."
Thomas Peters, Acho's attorney, said he filed a motion in Viviano's court to dismiss the lawsuit.
"His attorney claims we used unreasonable force in stopping the crime or stopping him from fleeing," Peters said. "Well, the employees were scared because he (Zielinski) had a 9-inch knife and threatened to come back and kill them if they lied about not having a safe."
Peters said Justin Kallo shot Zielinski when his life was threatened. Peters said Zielinski told the store employees he would come back and shoot them if they lied about not having a safe."
"The kid (Justin) thought they were going to die," John Kallo said.
**************(from Macomb Daily newspaper article)
The owner of Nick's Party Stop on Cass Avenue in Clinton Township and several people connected to his store are being sued by a man who was shot while robbing the store.
The lawsuit, filed by Scott Thomas Zielinski from his cell in a Michigan prison, was assigned to Macomb County Circuit Judge David Viviano.
John Acho, owner of the store and one of the people sued, said his customers are mad that an armed robber is allowed to file a lawsuit after he threatened the store's employees with a knife.
Zielinski is seeking in excess of $125,000 for injuries sustained when he was shot running from the owners of the store. They went after him because he held two of the employees at knife point and
threatened to kill them, police said.
"He comes into my store wearing a mask and armed with a knife, threatens to kill my employees and steals cigarettes and $793 in cash," said John Acho, the store owner. "And he is suing us because we ruined his life and he is going through pain and suffering."
Zielinski, 22, was convicted of the November 2007 robbery. In a plea bargain, he was sentenced May 20, 2008 to eight to 22 years in prison for unarmed, instead of armed, robbery.
A year earlier he was sentenced to one year, seven months in prison for the robbery of Charter One Bank in Warren on Feb. 17, 2006.
Shortly after being released from prison, Clinton Township detectives said Zielinski walked into Nick's, frequented by Chippewa Valley High School students and workers, and stuck a knife in the face of several store employees to show he was serious about robbing the place.
"My store was robbed three times before this and our employees were prepared if it happened again," said Acho of Sterling Heights. "We are just protecting our property."
Acho told Clinton Township police his mother, nephew and cousin were working in the store when Zielinski walked in and put a knife to his mother's throat. After stealing money and cigarettes he was shot by Justin Kallo with a .357 caliber Magnum revolver.
The lawsuit contends that Kallo followed Zielinski out of the store and fired a second time, striking Zielinski in the back and arm. The lawsuit also contends that Kallo and employee Jonathan Kallo repeatedly punched and kicked Zielinski and held him for police.
In the lawsuit, Zielinski's attorney Andrew Mychalowych contends that his client suffered a gunshot wound to his left arm, contusions on his head and body and lacerations. He also said his client suffered mental anguish, anxiety and emotional distress and loss of capacity for the enjoyment of life.
"His attorney should go to jail for the accusations he made," Acho said.
"He said this armed robber is suffering from anxiety and emotional distress. Well, simply put, he could have avoided all of that by getting a job and working hard to make a few dollars like we do and not stealing our money that we worked very hard for and threatening to kill us."
Thomas Peters, Acho's attorney, said he filed a motion in Viviano's court to dismiss the lawsuit.
"His attorney claims we used unreasonable force in stopping the crime or stopping him from fleeing," Peters said. "Well, the employees were scared because he (Zielinski) had a 9-inch knife and threatened to come back and kill them if they lied about not having a safe."
Peters said Justin Kallo shot Zielinski when his life was threatened. Peters said Zielinski told the store employees he would come back and shoot them if they lied about not having a safe."
"The kid (Justin) thought they were going to die," John Kallo said.
