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Man returning defective pellet gun to Walmart leads to police response, store evacuation

By Howard B. Owens
walmart-incident-april-10-2024

Two people did different things, but the right things, which led to Walmart being evacuated Wednesday afternoon even though there was no threat to life or the safety of people at the store, said Chief Deputy Brian Frieday.

A local man had purchased a pellet rifle and, after apparently throwing out the packaging, decided to return it to Walmart. Frieday said the man did the right thing. He called the store in advance to let them know what he was doing.

A customer saw the man get out of his truck and walk into the store with the gun.  That customer called 9-1-1 and reported a person had loaded a shotgun and was walking into the store.

"Patrols converged on the Walmart store," Frieday said. "In that response, we're able to clear the store, locate the individual and locate what was not a shotgun. It turned out to be a pellet gun that they were returning to the store that didn't work properly. There is no fault whatsoever. I'm glad the person called in because that's the 'see something, say something.' I'm glad they called it in. I know it creates a little bit of an inconvenience for patrons of the store, the store itself, and anybody around, even traffic around. But that's a great outcome. It's just a little bit of an inconvenience compared to everything we're seeing around the country now."

The man was located by patrols outside the store without the gun.  He had left it at the gun counter in the store.  He is not facing any charges.

"It seems very innocuous," Frieday said. "It's a misunderstanding. It was an observation by somebody that they rightfully called in because it appeared that it could be something threatening."

The Sheriff's Office was the lead agency on the call, assisted by Batavia PD and New York State Police. At least 10 patrol units responded, according to a witness.

During the incident, the store was evacuated -- all employees and customers were asked to leave the building.  Once police officers determined there was no threat, employees and customers were allowed back in.

Photos by Howard Owens.

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While the man did the right thing by calling the store in advance, Frieday suggested people who need to return a potentially threatening item that isn't in its original packaging can go a step further by asking an employee to meet them outside with some sort of bag or packing for the item.

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