Burglar sues woman who shot him during crime

Convicted burglar sues woman who shot him during crime
By Tracy M. Neal Staff Writer [email protected]

Saturday, April 19, 2003


BENTONVILLE � Don�t tell Kenneth J. Lewis II that crime does not pay.

Lewis, who is an inmate in the Benton County Jail, is seeking $139,913.32 in damages for being shot after he attempted to burglarize a business.

Fayetteville attorney Michael C. Lea filed the suit on behalf of Lewis on Friday in Benton County Circuit Court against Nina Baugh.

The suit claims that at 5:30 a.m. on Aug. 31, 2002, on Old Wire Road, Baugh willfully, maliciously and without any just cause of provocation from Lewis violently assaulted and battered Lewis by repeatedly discharging a firearm with the intention of shooting him. According to the complaint, Lewis was struck in the arm by a bullet.

In January, Lewis pleaded guilty to commercial burglary, a class C felony, and aggravated assault, a class D felony. Lewis was sentenced to 12 years in prison with an additional six years suspended after he admitted at a hearing before Circuit Judge David Clinger that he broke into Heritage Mobile Home Sales in September with the intention of stealing.

Lewis admitted to Clinger that he attempted the burglary Sept. 1 and led police on a high-speed chase into Missouri before he was apprehended.

According to an affidavit of probable cause, Lewis originally attempted to break into Hobo Joe�s Pawn Shop, but was unable to gain entrance, so he entered the neighboring mobile home sales building instead.

The affidavit states the owners of the pawn shop, Joe and Nina Baugh, responded to their shop after they were alerted by their alarm company of a possible burglary in progress.

Seeing Lewis� car parked in the mobile home sales parking lot, and suspecting the vehicle to be involved in their shop�s break-in, the Baughs followed Lewis. According to the affidavit, the Baughs followed Lewis onto Arkansas Highway 264, where they reached speeds of 80 to 85 mph.

When Lewis� vehicle drove toward the Baughs� vehicle, the report states, Nina Baugh leaned out the driver�s side window and fired four rounds from a. 22 caliber handgun, which struck the suspect�s car. After being instructed by police to stop chasing the vehicle, the Baughs returned to their shop.

The release states that Springdale police chased Lewis� vehicle west on Highway 264, with Lewis driving into oncoming traffic on several occasions and slamming on his brakes during the pursuit, trying to force police to run into the back of his vehicle.

The pursuit ended in Cassville, Mo., where Lewis was arrested.

Lewis is seeking $4,913.32 for the medical expenses related to his shooting and $15,000 for the bodily pain and discomfort as a result of the gunshot wound. The suit is seeking $120,000 in punitive damages.

The civil suit has been assigned to Clinger�s court.

Lea could not be reached to comment on the suit. A person who identified herself as Nina Baugh hung up the telephone when a reporter for The Daily Record asked her about the suit.

Lewis also received more prison time for a probation violation. Lewis told Circuit Judge Tom Keith that he had learned a lesson about stealing after being shot during his last crime.

what's wrong with shooting him? Liberals... I tell ya.....

Thats like mopping the floor before going to bed, a burgalar breaking in the house, breaks his leg on the wet floor, and sues......

do the job of law enforcement here, and should have called the authorities... I can guarantee you, it's extremely likely he will win this suit. Had she shot him while he was burglarizing THEIR business, it would be a different story, but this was vigilantism, and when you do that, you can really screw yourself legally. Do I think it's right? Certainly not...to me, he gave up his rights to sue along with his rights to freedom when he was convicted of the crime....but the law won't see it that way...

At least he claims to have learned his lesson...so at least maybe something good came out of this...

[Edited on 22-4-2003 by Gazrok]

Originally posted by dragonrider
When Lewis� vehicle drove toward the Baughs� vehicle, the report states, Nina Baugh leaned out the driver�s side window and fired four rounds from a. 22 caliber handgun, which struck the suspect�s car. After being instructed by police to stop chasing the vehicle, the Baughs returned to their shop.

Sounds to me like a several crimes were commited by the shop owner as well.

But I think Vigilatism should be legalized. Like take a RIGAROUS test, get certified by many phsychiatrists, law enforcement, and other..... Criminals will think twice if they know there is a chance there is a vigilante around....

Originally posted by mouko_ryuu
But I think Vigilatism should be legalized. Like take a RIGAROUS test, get certified by many phsychiatrists, law enforcement, and other..... Criminals will think twice if they know there is a chance there is a vigilante around....

There is a group of people who "take a RIGAROUS test, get certified by many phsychiatrists, law enforcement, and other." They are called Police.

You can find them generating revenue for cities by sitting behind radar guns. If we could get their commanders to let these guys actually spend their time patroling neighborhoods criminals might start to think twice.

[Edited on 22-4-2003 by AZLS1]

[Edited on 22-4-2003 by AZLS1]