Jury convicts man shot by CCW permit holder he tried to rob at Milwaukee gas station

Alasan Dawan

MILWAUKEE -- A man facing a charge of robbery with use of force after prosecutors said he was shot and wounded by a concealed carry permit holder he allegedly tried to rob was convicted on Tuesday, March 12.

A jury convicted Alasan Dawan on one count of robbery with use of force on the second day of his jury trial, which began on March 11. Dawan will be sentenced on March 25.

The incident happened at the Citgo gas station near 35th and Silver Spring on July 26, 2018.

According to a criminal complaint, police spoke with a man, Thomas Chojnacki, who indicated he had just left the Citgo gas station on his bicycle when he was attacked from behind by Dawan, who grabbed his holstered .40 caliber Glock pistol, knocked Chojnacki off his bike and proceeded to punch him repeatedly on his face and head.

"I didn't want to hurt him, but that's all you can do if someone doesn't want to listen. It's not fair to me or to my family. Just can't get past the fact that he tried to steal a firearm. The fact he was on the ground bleeding -- I tried to help him. I don't want the kid in jail for the rest of his life. Who knows how long it's going to take me to get over this, but still, I have compassion for humanity. He needs help. Hopefully he wakes up and sees being locked up is not a place for anybody," said Chojnacki.

Thomas Chojnacki

Chojnacki said Dawan wasn't able to remove his gun from its safety holster, but his wallet and phone fell to the ground. Chojnacki was able to pull his gun from its holster and Dawan ran from the scene. Seconds later, he returned, and the complaint said he grabbed Chojnacki's wallet and phone and began to run away with them. At this point, Chojnacki shot Dawan once in his right hip area, and he fell to the pavement.

Chojnacki said he was open carrying his firearm as a concealed carry permit holder.

Surveillance video confirmed Chojnacki's account of events, the complaint said.

The complaint noted that Dawan told investigators he was pistol-whipped and shot "for no reason," until he was advised that the entire incident was caught on camera. At that point, he asked for a lawyer.

Thomas Chojnacki said he spent three days in jail before the decision was made not to charge him. The district attorney confirmed for FOX6 News no charges would be filed.

"There's nothing that prepares anyone for having to use a weapon. Nothing prepares you for that. Everyone hopes they never have to," said Chojnacki.