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Saturday, August 10, 2019

Strolling Through Walmart with a Rifle & 100 Rounds of Ammo Might be Reckless, but is it a Crime?

In the wake of 2 horrific mass shootings last weekend, this incident is spreading like wildfire across the interwebs as a 'good guy with gun stops bad guy with gun.' Yet, without violent threats, manifestos, or actions in an open-carry state like Missouri, did the suspect really break the law? Or is he simply an overzealous gun-rights advocate attempting to make a point?

Last Thursday afternoon, twenty y.o. Dmitriy Andreychenko entered a Walmart in Springfield, Missouri. He wore a bullet-proof vest, carried a rifle, 100 rounds of ammo, and one holstered pistol. He took video of himself on his cell phone as he strolled through the store while he pushed a shopping cart.

From Harrison Keegan at the Springfield News-Leader:
"As shoppers were panicking and fleeing the store, (Lt. Mike Lucas with the Springfield Police Department) said the man was taking video on his phone and making comments to people while pushing a shopping cart.

Lucas said the suspect then walked out of the store, where an off-duty firefighter held the suspect at gunpoint until police arrived moments later. The suspect, a 20-year-old white man, was arrested, but Lucas said police are still working to determine his motives and whether or not he intended to shoot anyone.

...Lucas said Springfield police officers arrived on scene in 3 minutes after the initial 911 call on Thursday. He said the scene was initially chaotic. Lucas described the suspect as “pretty stoic” during the initial police contact. He said officers would be interviewing the suspect at the jail on Thursday to try to learn more about his motivations."

A witness later told the News-Leader that someone shouted at Andreychenko, "Why are you walking around in a tactical jacket carrying a rifle?" The witness added that the suspect told the police that he left his phone on for his own safety. The witness said Andreychenko "did not seem surprised. He did not seem angry. He looked like he had accomplished whatever he wanted to accomplish."

Andreychenko has since been charged with second-degree making a terrorist threat, a class E felony.

So, what do we know about Dmitriy Andreychenko? His facebook page says he and his wife are from Portland, Oregon, and currently live in Springfield, Missouri. They've been married since 2016.

According to
"In June 2019, Andreychenko wrote on Facebook, “This hunting duo is becoming a hunting trio.” His wife writes on the About section of her page, “Loving the married life.”

...The suspect writes on his Facebook page that he studied to be an EMT at Ozarks Technical Community College. Andreychenko writes on that page that since May 2018, he has worked for Roadway Express LLC.

...In a Facebook post from February 2017, the suspect posted a photo of him wearing a t-shirt saying, “Jesus Is My Savior Not My Religion.” Andreychenko has shared memes on his Facebook page that are in favor of Donald Trump, critical of gun control and against Planned Parenthood.

In February 2019, Andreychenko wrote in a Facebook post, “It’s official. I hate Walmart. Apparently they won’t sell Rifle and shotgun ammo if your under 21. “New policy” However I can walk into the store with a loaded .40 and nobody says anything. What a joke.”
BINGO. I think we have a motive. But the question remains, "Did the suspect really break the law?"

Public, experts react to Walmart incident — and wonder if it was a crime.
"Kevin Jamison, a Gladstone attorney known for his support of gun rights, told the News-Leader Friday morning that it's generally perfectly legal to carry a lawfully purchased rifle into a business that doesn't prohibit guns.

“Without anything else, that’s not a crime,” he said. “Now if he’s got a T-shirt that says ‘Everyone must die,’ that ratchets up the concerns a little bit. But just walking in there with a rifle over his shoulder, that’s legal.”

“Now whether it’s a good idea or not’s a separate question,” Jamison added."

Update: Jackson County Prosecutor Jean Peters Baker concurs: Andreychenko’s behavior is legal and acceptable under guidelines set by the Missouri Legislature.

Again, is it reckless - even stupid - behavior by this 20 y.o. man? Given the slaughter last weekend, I think we all agree it is. But stupid isn't a crime.


Thank you What Finger News for the linkage.

Thank you Doug Ross @Journal for the linkage.