Security Guards Are Not Policemen
Michael Babboni
Personal Injury
Premises Liability
Earlier in the year, in the state of Virginia, an elderly Chinese grandfather by the name of Jiansheng Chen was parked in his van. He was in his own neighborhood, an area known as Chesapeake River Walk, and thought he had the benefit of protection from the security that patrolled the area. What Chen was doing was playing Pokemon Go, a game that was currently being enjoyed by his own grandchildren. He felt that by playing Pokemon Go, he was able to connect with his grandchildren in a more meaningful way. He had made a successful career out of running a Chinese restaurant, and his English was limited and just barely functional.While he was playing Pokemon Go outside the neighborhood clubhouse, not leaving his van, one of the security guards that was supposed protect residents got into an altercation with the not English-fluent grandfather. Tragically, the conflict ended with Jiansheng Chen shot six times in his own van. The security guard has now been charged with second degree murder.
The security guard claims that his life was threatened, and that when the Chen refused to comply with orders to move, he attacked the guard by attempting to run him over, which prompted the security guard, Jonathan Cromwell to open fire.
However, there is one important thing to keep in mind in this tragedy. A security guard does not have the same authority or legal rights of law enforcement that a police officer does.
Reasonable Force
A security guard, similar to a bouncer in a bar, doesn’t have any special privileges when it comes to using violence as a method of conflict resolution. It is understood that a bouncer or a security guard may use what is termed “reasonable force” in some situations, such as carrying a drunk out of a nightclub, or taking a trespasser by the arm and firmly escorting him or her off the property. This, however, is merely an extra application of strength and not an act of violence.
In some cases, security guards may also be licensed to carry and use firearms. In Florida, for example, the Class G security license must be acquired by security guards that may be required to carry a gun while on duty, and this requires training before applying and being evaluated for fitness to hold a license.
However, while a security guard may have access to firearms and other forms of pacification, such as pepper spray that are similar to what a police officer may use, they do not have access to the same training. And they certainly do not have the same legal powers when it comes to resorting to violence.
Defusing The Situation
The results of the tragic events that night in Chesapeake River Walk are still currently under investigation, though in this case, Jiansheng Chen’s family is, rightly, considering a wrongful death lawsuit. The security company that was engaged to protect the neighborhood, Citywide Protection Services, has been fired by the Home Owners Association of the area. The HOA claims that their contract, first struck in 2010 with no modifications since that time, explicitly requested no firearms be carried or used by the staff patrolling the area, and in Virginia, it is illegal for a security firm to ignore this type of request. Citywide Protection Services is claiming that they had the legal right to arm their security guard, though of course, why that guard felt the need to shoot an unarmed man six times in his vehicle is still a matter for the courts to decide.
The one thing that is clear is that the situation was very badly handled. It could be blamed on a lack of training, or a misunderstanding between the two since Chen was not fluent in English, but the end result is still the same; a grandfather was shot in his own neighborhood by a professional that, in theory, his own HOA fees paid for protection.
Criminal Charges & Wrongful Death
While the charge of second degree murder in this case is clearly a criminal charge to be handled in a criminal court case with a jury, there is still the possibility of a wrongful death suit. Wrongful death is when the aggrieved family of someone who has died enacts an additional civil suit suing either an individual or a company for monetary damages.
In these cases, the money being sought is usually not for any kind of actual financial compensation, so much as additional “financial punishment” against the party that is responsible for someone else’s death. In this sad case, Chen’s family would likely sue Citywide Protection Services since there is clearly a catastrophic failure in training. However, regardless of the outcome, one thing is certain, in the event that a security mishap occurs to anyone, especially the elderly, where violence and death are the result, you should probably consult a wrongful death attorney to get some justice.