Fuel theft tragically changes course of 2 men's lives By Todd Bensman Published 12-06-1994
POLICE BEAT
Steve Marriott admits he'd stolen gas before. "It was like a rush," the 19-year-old amateur rodeo rider says, "to see if I could get away with it."
Until Oct. 5, he says, he always had. Then he crossed Duy Pham, a convenience store owner and former Vietnamese fighter pilot who'd been robbed one time too many.
Now, recovering from a gunshot wound, Mr. Marriott ponders his paralyzed legs. He wonders whether he will ride a horse or bull again, or even walk.
"I don't expect people to be on my side, but I don't expect them to say I should have been shot either," Mr. Marriott said. "I'm only 19, man! I'm young and dumb."
Mr. Pham's life has been upended, too. Dallas police charged him with aggravated assault, although a lawyer he hired persuaded a grand jury recently not to indict him.
He also has sold his Pleasant Grove store, where he struggled to make a living for five years. Now he has dropped out of sight.
In an earlier interview, he said he was sorry to hear of Mr. Marriott's paralysis, "but what am I supposed to do? If somebody steals from me, it is I who must pay. I must protect myself."
Exactly what happened between the two men isn't clear. Mr. Marriott says he stole $15 worth of fuel and drove off, only to have the storekeeper chase him off the store property and shoot him without further provocation.
But Mr. Pham's lawyer, Randall Isenberg, told the grand jury that Mr. Marriott had reached menacingly behind the seat and threatened to kill Mr. Pham with a gun that wasn't really hidden there.
According to police, Mr. Pham ran after Mr. Marriott's truck with a gun he had been keeping under the counter of his convenience store since being robbed two years ago. But their understanding of the shooting is limited - they never interviewed Mr. Pham, citing his limited English proficiency.
"He was in the wrong for shooting the guy," said Senior Cpl. Marvin Ned, who filed the aggravated assault charge. "But (Mr. Marriott) was in the wrong for taking off without paying the guy. It's just a deal where the guy thought he'd be funny and steal gas, and this is the tragic outcome."
Mr. Pham had the American dream in mind when he escaped 13 years ago from a Communist re-education camp. But life in this rough corner of Dallas has not been generous to Mr. Pham since he borrowed money to start the store five years ago.
He says he started the business on Bruton Road near Buckner Boulevard after working a string of menial labor jobs. Loan payments to friends ate into Mr. Pham's already meager profits, even though he saved on labor costs by staffing the store himself 15 hours a day, seven days a week.
To make the store work, Mr. Pham said he felt determined to defend his property from young hoodlums such as the one who shot him three times in a robbery several years ago. He lifted his shirt to show the three dime-sized scars on his torso.
"Everyone has a gun. This is the law of the United States," Mr. Pham said. "I know this is a dangerous job, but I have to accept it. I work hard to build up my store."
To Mr. Marriott, who has been undergoing painful physical therapy at Baylor University Medical Center, the grand jury's decision was like salt on his wounds.
He says he is aware that many Texans, fed up with crime and frustrated with the justice system, would heartily approve of the harsh consequences meted out for his actions that night. But he still feels like a victim more worthy of prayer and the Class C misdemeanor ticket he got than the bullet that partially severed a nerve and nearly killed him.
"You don't go shooting nobody over $15 worth of gas," he said. "I don't think it's right.
"Everyone does stupid things from time to time. Everyone gets the bad end of the deal, but this time I'm getting the bad end of the deal."
Todd Bensman is night police reporter for The Dallas Morning News.
