Felony Charges Filed In Bat-Attack Of Lawfully Armed Open-Carry Citizen

Felony Charges Filed In Bat-Attack Of Lawfully Armed Open-Carry Citizen

Yakima, WA  — A felony assault charge was filed against the man who attacked a Wal-Mart shopper with a baseball bat.  The victim, 32-year-old Brandon Walker, was shopping with three children while lawfully openly carrying a handgun on his person. Police say he was the victim of an unprovoked assault by Trevor Zumwalt who struck him with a metal bat. According to statements, Walker and Zumwalt did not know each other and did not exchange any words before Zumwalt attacked Walker. It seems that Zumwalt, at 5 feet, 6 inches, attacked much larger Walker at 6 foot, 1 inch and 360 pounds because he was openly carrying a firearm.

It’s a strange case. Imagine you’re Walker, taking your son to buy a baseball bat. You imagine it’s going to be a quick trip in and out of the store. It’s hot, so you decide to leave your jacket – which normally conceals your handgun – in your car, and then are attacked with a bat. Video from the store’s security system shows Zumwalt pick up a metal bat from a rack and struck Walker in the shoulder. Walker said he drew his .357 Sig Sauer handgun and ordered Zumwalt to the floor. Walker kept the gun on Zumwalt, asking store employees to call police, and he holstered his gun only when officers arrived.

According to an interview with Bearing Arms, Walker said the only thing that makes sense is that he was attacked because of openly carrying his handgun. Mr. Walker believes that Zumwalt may have wanted to take the firearm. Bearing Arms also reported that one of Zumwalt’s friends “contacted Mr. Walker via Facebook, and thanked him for showing restraint. According to her [Zumwalt] has long had a history of mental illness, and has never gotten the help that he needs.”

Open carry is lawful in Washington state. Concealed carry is licensed on what is known as a “shall-issue” basis, meaning Washington state will grant a license to anyone who passes the FBI background check. The background check is used to verify there is no legal reason to bar firearm possession, like prior felony convictions. Walker had a concealed carry weapon (CCW) license, which wasn’t necessary since it is lawful to openly carry without one. Walker, who normally carries concealed, says that he will not open carry again. He said he already has a firearm picked out for the summer months ahead, and from now on, he’ll only open carry at the gun range.

Debate runs within the gun community over whether to open-carry or concealed-carry firearms in public. Walker said he thought it was going to be a quick shopping trip, but it ended up being potentially serious by being targeted ostensibly because he was openly carrying. Open carry advocates say they like to open carry to reduce stigma of carrying, and to reduce potential for crime on the reasoning that a criminal is less likely to attempt a crime where people are openly carrying firearms. Advocates of concealed carry say it helps the individual maintain anonymity precisely so that they don’t stand out as a target while keeping the tactical advantages of being armed combined with the element of surprise should they need to draw their firearm.

What do you say?

 

 

(Visited 32,214 times, 1 visits today)

49 Comments

  1. Charge him with a federal civil rights violation and throw him in Marion, Illinois for twenty years.

    Reply
      • Zumwalt!! Hey! They can put him in John Hinkle’s old room at St Elizabeth Hospital!!

        Reply
      • Charge the idiot, attacking the concealed carry holder, with a baseball bat. I don’t know if I’d have restrained myself. That’s felony assault, with a potentially deadly weapon.

        Reply
        • Ummmm, the article mentions several time that he was carrying openly. I still agree with the felony charge.

          Reply
    • Always carry to Walmart, one day you will be proven right. All the bad stuff happens at Walmart.

      Reply
  2. shall not be infringed, open conceal no matter personal choice

    Reply
    • +1

      Reply
  3. I personally have no problems with open carry, but we are facing a relentless and well financed antigun campaign that stirs up IRRATIONAL fear and hatred against us!
    We have a tough PR campaign to wage and not stop trying to win hearts and minds over to the side of reason. We may be absolutely in the right, but I don’t think we’re going to succeed by scaring frightened people into seeing they have nothing to fear from us, darn it!

    Reply
    • Anti-Gunners are no different than Anti-Hunters in that it doesn’t matter what the reality is. Open carry is not what its being made to be in this and if we didn’t have open carry they would just demonize something else. Open carry is actually irrelevant in this case. It could have been a slight print from concealed carry and the guy was smart enough to notice it. Open carry is not the bad guy here…there was an actual one trying to take a gun.

      Reply
  4. Just thankful he didnt shoot him, can you imagine the chitstorm that would have ensued after that?

    Reply
    • what is sad is the disarmanuts would be histrionic claiming that aluminum bats are not lethal weapons

      Reply
    • I think a majority of carriers would rather not have to shoot.

      Reply
  5. Walker did exactly what he should have done. He was attacked and he stopped the threat, no need for further aggression. He is a credit to the gun carrying community.

    Reply
    • This is exactly correct. He used his legally carried weapon to defend himself and used the minimum necessary level of violence to stop the attacker until police arrived. This is exactly why the antis won’t spread this story, even if it makes open carry look bad…because it makes law-abiding citizens who carry firearms for self-defense look real good.

      Reply
  6. Lots of what ifs in this one. While I agree politically with open carry, I consider it tactically foolish for the most part, at least in terms of general day-to-day activities for most individuals. It simply makes you a high priority target to be eliminated even if you are not the focus of the attack.

    Now, I’m very glad it worked out just the way it did. But what if Zumwalt had dropped his bat, turned his back and started to run? Many of us, if not most, high on adrenaline from the initial attack would easily pull the trigger on the attacker, even as he turned to run. And we would likely end up in jail for that, since dropping his weapon (the bat) and attempting to leave means he is no longer a threat. And he may well not be, but I’m pretty sure that I’d still feel pretty damned threatened if someone swung at me with an aluminum bat. And that feeling probably would not subside in a matter of seconds.

    I definitely admire the self control the victim had here and that he did it right. Seriously good self-controls, imho.

    Reply
    • I’ve yet to see a story where someone open carrying was targeted by criminals because they were open carrying. I have read stories of criminals who were dissuaded from committing the crime because of someone open carrying.

      The only people I’ve heard of who target open carriers are mentally ill hoplophobes like the one in this story.

      Reply
      • Man openly carrying new gun in Gresham robbed by armed man

        Posted: Oct 07, 2014 6:31 PM CDT
        Updated: Nov 04, 2014 6:35 PM CST
        By FOX 12 StaffCONNECT

        GRESHAM, OR (KPTV) –
        A man openly carrying his new handgun was robbed on a Gresham street by a man with a gun of his own.

        Police were called out to the area of 172nd and Glisan Street at 2:10 a.m. Saturday.

        Investigators said the 21-year-old victim bought a handgun earlier in the day and was openly carrying it while talking to his cousin.

        They said a man approached them and asked for a cigarette. Talk eventually turned to the victim’s new purchase, before the robber pulled his own gun from his waistband and said, “I like your gun, give it to me,” according to police.

        The victim handed over his gun and the suspect ran away.

        The suspect is described as a light-skinned black man, 19 to 23 years old, 6’1″ with a skinny build. He had black, wavy hair and was clean cut, except for a small patch of facial hair on his chin. The man was wearing gray sweatpants, a white T-shirt and flip-flops.

        The weapon he used in the robbery was described as a black gun, possibly semi-automatic. The stolen gun is a black Walther brand, model P22. It is semi-automatic and .22LR-caliber.

        Anybody who may have information on this case is asked to call the Gresham Police tip line at 503-618-2719.

        Read more: http://www.kptv.com/story/26729956/man-openly-carrying-new-gun-in-gresham-robbed-by-armed-man#ixzz3YGOCXIzC

        Reply
        • Nothing has a 100% success rate. The premise of the argument that it’s tactically irresponsible to openly carry is that people will kill you *first*, to prevent you from interfering with some other criminal activity they had planned.

          I’m not saying you’re wrong–he was targeted because he was openly carrying–but the victim wasn’t *killed* to prevent him from stopping some other crime.

          Reply
          • The situations where open carriers get attacked in real life are essentially a mute point compared to concealed carriers. There are a FEW exception, but open carry does prevent crime, period. However, if you don’t feel comfortable ocing then cc, do whatever you are comfortable with. I personally know I have stopped 2 robberies because I was ocing.

        • And the guy who had his firearm stolen already made a mistake in that he was out like that at 2 A.M. Yes, people should be able to go where they want, when they want. That still doesn’t make it a wise choice. Additionally, why was the guy carrying a P22? That is NOT a good caliber for a defensive handgun. P22s are more for plinking and target shooting.

          Reply
      • We have yet to see any documentation of an incident where the Open Carrier was shot as a “priority target” during some other criminal action, e.g., a robbery.

        As for “what if” the attacker had dropped the bat and run away? We draw and, if necessary, fire to stop the threat, and once the person was no longer a threat, i.e., proned out or running away, there was no need to fire. The idea that a carrier would have so little control as to shoot at a fleeing felon who no longer presents a threat is simply inane. Please document where THAT has happened.

        Reply
    • If he dropped thje bat, chase him down and beat the crap out of him.

      Reply
    • We have yet to see any documentation of an incident where the Open Carrier was shot as a “priority target” during some other criminal action, e.g., a robbery.

      As for “what if” the attacker had dropped the bat and run away? We draw and, if necessary, fire to stop the threat, and once the person was no longer a threat, i.e., proned out or running away, there was no need to fire. The idea that a carrier would have so little control as to shoot at a fleeing felon who no longer presents a threat is simply inane. Please document where THAT has happened.

      Reply
    • The article makes clear that he typically doesn’t open carry but did so on that occasion for convenience. I have a CCW and I don’t open carry because I don’t want to discomfit anyone nor become a target of someone who may want to disarm me. Most people who open carry probably live in states like VA where open carry is legal but the permit process for a CCW is onerous as hell–they’d carry concealed if allowed but the state makes it difficult.

      Reply
      • Not necessarily, I open carry because that’s what I prefer and how I train. For me, it’s far more comfortable. I, also, live in Kansas where we just got constitutional carry and I still open carry. A lot of it is just your own personal comfort level. Personally, I liked open carry when I was a kid and saw someone open carry and thought it was cool. Since open carrying I’ve overheard many kids say that’s cool (of many races) and they always reminded me of my younger self. Maybe, they will be just as protective of the 2nd amendment as I became. I didn’t open carry to change people’s minds but I’ve seen how the younger generation is far more open and see how there is no reason to be afraid of an inanimate object. There are many positives to open carry.

        Reply
    • What if? If you tried to shoot a guy running away, you deserve to go to jail. What if? Shaddup!

      Reply
  7. I prefer to carry concealed because as a woman I feel that I could be targeted and overpowered and my firearm taken if I was open carrying whereas, carrying concealed, nobody knows I am armed.

    Reply
  8. Well he could use the same bat-crazy “stand your ground” defense promoted by the NRA and claim that he was “afraid” so he struck preventively……

    Reply
    • So, was Zumwalt known for attacking the police with aluminum bats? They open carry.

      Reply
    • You clearly don’t understand what “stand your ground” laws state. They don’t give a person legal authority to strike first if they feel afraid because of how someone looks. It simply means you aren’t bound to retreat from an actual (not scary looking) threat. It means you can stand where you are and defend yourself instead of legally being required to retreat (run away). BTW, “bat-crazy”… I see what you did there….

      Reply
    • That is not what Stand your Ground means. You need to read the laws that cover that.

      Reply
    • See folks, the guy who made this comment thought that his snark would make someone too ashamed to support or promote “stand your ground” laws. He thinks he’s some sort of amazing persuader when nothing could be farther from the truth. And, of course, he has no clue about what “SYG” is really all about. Typical, really.

      Reply
  9. I am from Yakima and this was never covered by our local news. I carry concealed every day, I wont open carry for fear that it would make me a target, like in this case.

    Reply
    • YakimaHerald.com is cited in this article. Maybe it just didn’t make the evening news.

      Reply
  10. My simple solution to the open / conceal carry dilema. 9mm on my belt, 380 in my pocket. Someone tries to take the 9, I shoot em in the eye with the 380.

    Reply
  11. I feel that in carrying concealed it gives the element of surprise, therefore a tactical advantage.

    Reply
    • I carry concealed as a personal choice.

      Reply
  12. Mr. Z is lucky to be alive!

    Reply
  13. This is one of my main reasons for not promoting open carry. It makes YOU a target. I prefer concealed carry so that I don’t become the first victim in a criminal’s actions and can then react accordingly to protect myself or those nearby. Mr. Walker’s conclusion to concealed carry in the future is the safest option.

    Reply
  14. I don’t know what Mr. Walker was wearing, but there’s a lot less confusion with open carry if you dress less like a bum and more like an out-of-uniform police officer (khakis or dad jeans, polo tucked in, hair nicely arranged, walk upright).

    Reply
    • The issue here isnt dress or demeanor…its mental illness…this man has a history of mental illness and has not sought help for it…now he is a threat to the public and needs to be forced in to get help.

      Reply
  15. Once again the issue is not carrying a gun. Once again the issue is not a criminal act. Once again the real issue is mental health.

    Reply
  16. The guy was mentally ill, at no time did he say he attacked because the victim was wearing a gun, or that he even saw a gun before it was pointed at him. Everyone is making an unfounded assumption that is why he did it. There is no way you can know what was going through his mind, he may have just attacked because of the eye contact. The other “incident” mentioned was because the young man in question had no situational awareness and was very naive.

    Reply
    • Gordon, I’ve worked with many mentally ill folks and many of them get paranoid if you make eye contact with them and go off. So, I’m betting they made eye contact first and that set bat man off.

      Reply
  17. Why does it have to be one or the other? Can’t we have both? I mean, we’re supposed to be in the land of the free, right?

    Reply
    • The intent is not to tell anyone they can’t do one or the other, but seeking people’s preference & rationale for one or the other and/or what situations lend themselves to one or the other.

      Reply
  18. That “Mental illness” that Zumwalt’s friends claimed he had, is what’s known as Liberalism.

    Reply
  19. Using Justice Kennedy’s “right to dignity” logic in his Obergell v. Hodges opinion, incidents like this could pave the way to making “no firearms” policies discriminatory against law-abiding gun owners/carriers.

    Reply

Leave a Reply

Pin It on Pinterest

Share This