Gilbert Police: Stefan Selvy was Justified in Shooting Dude Who Stole His Beer and Hit Him With a Wrench

 

selvy.JPG
Image: Gilbert police
Stefan Selvy can open his eyes now -- he's not going to be charged with 2nd-degree murder for shooting the man who tried to rob him.
​Gilbert resident Stefan Selvy
was justified in shooting a man who had tried to rob him of some beer, police said on Thursday.

Selvy, 21, spent a tense week on the legal hot seat after the August 26 shooting behind a Circle K that left 36-year-old Bobby Baughman, also of Gilbert, dead. Police arrested Selvy at the scene, booked him into jail and said -- initially -- that it might be 2nd-degree murder.

The incident went something like this:

Selvy had bought some beer at the K at about 7 p.m. and had walked outside when Baughman comes up and tries to rob him. In the process, Baughman hits Selvy in the head with a wrench. 

 

Selvy goes to his vehicle and gets a gun, then follows Baughman the store. The two men get in a scuffle, during which Selvy gets hit in the head again with the wrench. They struggle over the gun. Baughman ends up dead in the dirt. 

After a "thorough review of all evidence," Gilbert police have exonerated Selvy, saying he was justified under Arizona law in plugging Baughman. The Maricopa County Attorney's office will have the final say, but a prosecution seems very unlikely if the police won't back up the case.

 

baughman bobby suspect.jpg
Image: Gilbert police
Bobby Baughman
​Sergeant Bill Balafas, Gilbert police spokesman, tells us that Selvy explained to police officers that he chased Baughman behind the store because he was worried about the safety of bystanders.

That doesn't ring true to us, but Balafas says there was no evidence Selvy was "on a mission to hunt this guy down."

When Selvy rounded the corner at the back of the store, Baughman attacked him and hit him again with the wrench, Balafas says. Even though Baughman was unarmed, the struggle for Selvy's gun was the turning point, the sergeant says.

"That ups the ante," and Selvy's decision to shoot to protect himself in that situation is okay'd by state law, Balafas explains.

So, we ask, should the public follow Selvy's lead by grabbing a gun after a robbery and following the suspect?

"You can 'what if' to death," Balafas says. "Ideally, call 911 -- let us do that work."

Sounds like a marginal self-defense case, though not as marginal as the one we covered extensively earlier this year involving Roger Garfield, former owner of an antique store at 7th Avenue and McDowell. In that case, Garfield shot a mentally ill transient who was walking toward him (he says menacingly) in the store. Garfield's now serving a seven-year prison sentence.

The victim in the Garfield case, Robert Cain, never tried to rob Garfield and never hit him. And that, obviously, makes a big difference to law enforcement -- even when it's clear that Selvy could have driven away from the Circle K without killing anyone.


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8 comments
Breanna_banana05
Breanna_banana05

Bobby was my uncle my protecter he was my hero my moms brother my cousins dad nd most improtantly my family I hate the guy that did this too him I hope u go too hell u Fu Ken fag cause of u my uncles dead I don't care what had happen that give u know right too kill a human being I'm soo pissed that u did that too him my uncle Bobby might have look like a mean guy but he had the biggest heart!! I love him nd always will FCK U STEFEN ND UR FAMILY!!!!

Chelsey
Chelsey

Selvy should have just left...I mean..it was JUST BEER. He could have drove away gone to ANOTHER Circle K and gotten THE SAME beer...but instead, he decides to be a dumb-ass and chase the guy around with a gun in hand, I mean, how did he not expect Baughman to use self defense with his wrench. Baughman was my friends dad, and I'm positive the only reason he tried to get the gun, was to prevent getting shot. I wish our Police force would be smarter and just convict Selvy....

Hoyt Joann
Hoyt Joann

He should have call 911 not hunt the guy down and kill him. He had the opertunity toback off and call for help. This is NOT justified to hunt and kill the man.

gladidontliveingilbert
gladidontliveingilbert

Talk about a plot twist; at first, I was all for Selvy - until I read that he had to go back to his car to get a gun. WTH? Baughman was certainly wrong (and criminal) to attack Selvy in the first place, trying to rob him...but if you are able to retreat to safety, you either call the cops or walk away - you don't "get yer gun and shoot'em dead". At that point, it becomes vigilante action, and just as criminal. Maybe we should worry about the Gilbert police?

Luptonmi
Luptonmi

It's not like the guy tried to steal his car, THIS WAS BEER! The guy had it comin!

Douglas Hotchkiss
Douglas Hotchkiss

i might have to kill you if you try to take my beer..piss on these circle k fughs.. i dont care about your problems-get out of my way.. yes-you can get shot. glad he walked free.

botanybay
botanybay

"When Selvy rounded the corner at the back of the store, Baughman attacked him and hit him again with the wrench, Balafas says."

Uh, a guy with a gun is chasing you. Doesn't matter what you did beforehand. Guys don't have the right to chase after people with a gun.

You can run and wait for the bullet to hit you from behind, or you can use your ONE single chance and clock him with that wrench. Not to say the guy should have ever hit Selvy with a wrench the first time, but Selvy clearly had many opportunities to just walk away. Instead, he "kept it real".

If this had been any other state besides Arizona, Selvy would (absolutely) have been charged with 2nd degree murder, and not because of any unique law that exists in this state.

I hope that the DA gets involved and takes this to a grand jury. All this does is prompt other knucklehead 21 year-olds to "keeps it reals" too.

botanybay
botanybay

The sad state of affairs is that the county DA rejected the case, basically paving the way for vigilantism in AZ. Even though the law does not allow it, they're sending the message that if someone wrongs you, feel free to go grab the 'gat out of your car and blast away.

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