Dayton area man indicted for murder charge for shooting a burglary suspect at cell phone store

[M-Quigley]

I'm not sure which "prohibited premise" they're referring to in this particular location.

Mahmoud Abdellatif, 20, of Dayton, was indicted by a Montgomery County grand jury Friday on two counts of murder, two counts of felonious assault, one count of reckless homicide, and one count of discharge of a firearm on or near a prohibited premises. The grand jury ignored a voluntary manslaughter charge, according to Montgomery County Common Pleas Court records.

Abdellatif is accused of shooting and killing Larry Swain, 36, of Troy, in January, a spokesperson for the Montgomery County Prosecutor’s Office confirmed.

Montgomery County Sheriff’s deputies were called out to reports of a shooting at the Boost Mobile store in the 3800 block of North Dixie Drive in the overnight hours on Jan. 10.

According to the sheriff’s office, the investigation showed Swain and a juvenile female were breaking into the business.

Abdellatif told deputies that he lived upstairs over the store, which was his family’s owned business. He said he heard noises from the store and went downstairs with a handgun.

When he was outside of the front of the business, he said he saw Swain inside the store. He then fired multiple shots through the front window, hitting Swain multiple times, according to the prosecutor’s office.

Swain and his teen family member drove to a residence in Dayton where he was transported to a local hospital. He later died as a result of his injuries.

https://www.whio.com/news/local/man-acc ... H6NXCIZ4I/

[Brian D.]

Interesting. Some details missing from the story, go figure.

The alleged burglar/definitely dead guy was accompanied by a juvenile female family member? Is this National Take Your Daughter To Work Week?

[Brian D.]

Met up with some friends last night, after posting the above. Cigars and libations were enjoyed. Sort of forgot about what I
wrote. Checked the new posts just now and literally gave myself a chuckle.

Yeah, I know someone died.

[TJW815]

The prohibited premises is the building itself. The front of the building is a storefront. The rest is apartments. It’s prohibited because it’s an occupied dwelling.

[Brian D.]

The prohibited premises is the building itself. The front of the building is a storefront. The rest is apartments. It’s prohibited because it’s an occupied dwelling.

The shooter lives above the business, which by the way he owns or at least manages, if I read the story correctly. And/Or if the story was reported accurately.

I wondered why the shooter was outside the business, looking inside at the alleged intruder, and then it hit me: Maybe there's no direct way to access the business by going down the apartment staircase?

[M-Quigley]

UPDATE:

https://www.whio.com/news/local/man-acc ... DKYIM3PUM/

HARRISON TOWNSHIP — A man accused of shooting and killing someone who broke into a cellphone store has entered his plea.

Mahmoud Abdellatif pleaded guilty to involuntary manslaughter, according to Montgomery County Common Pleas Court documents.

Charges of murder, felonious assault, reckless homicide, and discharge of a firearm on or near a prohibited premises were dismissed.

Abdellatif is accused of shooting and killing Larry Swain, 36, of Troy, in January 2023.

AND

Montgomery County Sheriff’s deputies were called out to reports of a shooting at the Boost Mobile store in the 3800 block of North Dixie Drive in the overnight hours on Jan. 10.

According to the sheriff’s office, the investigation showed Swain and a juvenile female were breaking into the business.

Abdellatif told deputies that he lived upstairs over the store, which was his family’s owned business. He said he heard noises from the store and went downstairs with a handgun.

When he was outside of the front of the business, he said he saw Swain inside the store. He then fired multiple shots through the front window, hitting Swain multiple times, according to the prosecutor’s office.

Swain was taken to a local hospital. He later died as a result of his injuries.

Abdellatif is set to be sentenced on April 8.

[Brian D.]

Something VERY similar happened at a cell phone store on the west side of Cincinnati several months ago. Burglars/Robbers blasted to death by an employee/owner who lived above the place. Not sure the shooter was allowed to possess a firearm, that's tough for a defense attorney to overcome with their various legal mumbo jumbo.

[M-Quigley]

Something VERY similar happened at a cell phone store on the west side of Cincinnati several months ago. Burglars/Robbers blasted to death by an employee/owner who lived above the place. Not sure the shooter was allowed to possess a firearm, that's tough for a defense attorney to overcome with their various legal mumbo jumbo.

It is tough but not impossible. There was a case here a couple of years back where the person was prohibited, but beat the murder rap. It would've been a clear cut case of self defense and the guy would probably never have been charged if he wasn't a prohibited person.

[M-Quigley]

Something I forgot to say when I posted the update, I think the possible main issue with this case and a self defense claim might be this part.

[quoteWhen he was outside of the front of the business, he said he saw Swain inside the store. He then fired multiple shots through the front window, hitting Swain multiple times, according to the prosecutor’s office.][/quote]