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Carson City store owner faces battery charge after allegedly poking, kicking thief

Submitted by editor on Wed, 07/07/2010 - 12:50pm

A Carson City convenient store owner faces a misdemeanor battery charge after he allegedly poked a man with an aluminum baseball bat and then kicked him in the back after the man confessed to stealing.
According to the arrest report, deputies were contacted Tuesday at about 7 p.m. by the alleged victim who told authorities he was battered by the 19-year-old owner of the Woodside Drive convenient store.
The victim told deputies that he stole from the store and that he returned to tell the owners that he was going to repay the owner and his brother on pay day. The victim stated that the owner grabbed the aluminum baseball bat from behind the counter and ordered him to empty his pockets, according to the arrest report.

The owner then allegedly ordered him in the back of the store and made him lie down, according to the arrest report. The victim said the owner poked him with the baseball bat and kicked him in the back several times. The victim told deputies that after being kicked and poked with the bat, he was ordered to leave the store and leave his belongs.
Deputies observed three circular red marks on the victim's back that were consistent with the diameter of the baseball bat. The arresting deputy also observed other red marks on the victim's back that could be consistent with kick marks. Deputy Pullen located a small aluminum bat in the rear of the store that the victim described then positively identified as the bat used in the alleged battery.
The suspect and his brother said they did not touch or batter the man in any way and that they kept the bat in the rear of the store for protection. The owner and his brother also stated that their video surveillance was not working at the time and there was no other witness in the store.
The victim filed a citizens arrest form. The suspect faces a misdemeanor battery charge. Bail was posted at $1,132.

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