Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, May 24, 1995 TAG: 9505240065
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: LISA APPLEGATE STAFF WRITER
DATELINE: LENGTH: Medium
General District Judge Vincent Lilley said there was enough evidence to send a felony charge against Bobby Nazrini, owner of Hype City clothing store, to a grand jury.
Nazrini was charged with attempted malicious wounding after a customer claimed Nazrini tried to shoot him.
The customer, 25-year-old Juan Harris, came to the Williamson Road store Feb. 4 looking for a refund for two pairs of pants. An argument ensued and Nazrini pulled a gun, telling Harris to leave. Nazrini has admitted he fired the gun in the air as Harris ran away.
Two misdemeanor charges against Nazrini - discharging a firearm within city limits and brandishing a firearm - were dropped at Tuesday's hearing.
Lilley noted that Nazrini fired the gun even though Harris already had left the store. That alone, Lilley said, was enough to send the case to the grand jury.
Then there was the gun. Part-time employee James Cox testified that Nazrini tried to hide the gun before police arrived.
This is the second time in less than two years that Nazrini or his wife have fired a gun in their store. In September 1993, Laura Nazrini's shot and killed an intruder in another store, on Patterson Avenue Southwest. Her actions were ruled justifiable by Roanoke's commonwealth's attorney.
This time, the trouble began with a simple pant purchase.
On Feb. 1, Harris went to Hype City to buy two pairs of pants. He didn't have time to try them on at the store, but realized later the pants were too small.
So, Harris returned to the store the next day for two new pairs - size 56. But those were too large.
Two days later, Harris went to Hype City and demanded his money back - even though the store has a no-refund policy.
Harris "came from somewhere like an animal," Nazrini said. "He started cussing [Laura Nazrini] and coming toward her. That's why I grabbed the gun."
Nazrini said he chased Harris out the front door and past Harris' car. Because Harris wasn't moving fast enough, Nazrini said he fired in the air.
Nazrini testified that he willingly handed his gun to police when they arrived.
But Cox said his employer handed him the gun and told him to get rid of it.
Nazrini's lawyer, Jack Altizer, argued in court that Nazrini merely was protecting his family and property when he threatened Harris with the gun.
"This reminds me of a story from childhood - the elephant and the mouse," Altizer said in his closing statements. "Both were afraid of the other, but when the elephant came charging, the mouse had a gun."
Nazrini, who said he weighed about 140 pounds, testified that he was frightened by the 400-pound customer.
Harris said there was no reason for anyone to be afraid when he entered Hype City looking for a refund.
"I was calm and peaceful," he testified. "The only time I raised my voice was when I said, `Either give me my money back or I'm calling the Better Business Bureau.'''
by CNB