Band Leader Opened Fire On Attackers

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SACRAMENTO (CBS13) ―
A band leader shot at two men who were allegedly assaulting him and other men during their performance at a downtown Sacramento restaurant Saturday night, leaving one suspect wounded, according to police.

The Sacramento Police Department says a three-piece jazz band was playing on the patio of the Broiler Steakhouse at 12th Street and K Street when two suspects repeatedly touched one of the band's props, a human-sized cat statue.

When the band leader stopped the performance and asked the men to leave, the suspects grew belligerent, authorities said. A nearby homeless man also told the two men to leave the band alone, but the suspects allegedly attacked and began beating the man.

The band leader, Jim Phillips, told police he told audience members to call authorities as the assault continued. A waiter who tried to intercede in the fight was knocked unconscious, and the two suspects allegedly turned to Phillips and attacked him.

Phillips was assaulted before he was able to pull out a firearm and discharge multiple shots, striking one of the men in the upper chest.

The wounded suspect was rushed to the hospital and is expected to survive.

Sacramento Police spokesman Sgt. Norm Leong said Phillips is unlikely to face any charges, since he acted in self-defense, but the case has been passed on to the district attorney's office.

The two suspects will likely face charges of assault, police said.

The homeless man who was attacked was not seriously wounded.
 
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