Police: Would-be Rally’s robber killed by eatery worker

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Updated: January 25, 2012 2:11AM

As one robber allegedly grabbed an employee and the other brandished an Uzi-type weapon, a Rally’s co-worker took quick action, firing at the would-be criminals inside the Gary store early Jan. 11, officials said.

The pair ran west, their alleged robbery attempt foiled.

One of the suspects was found dead in a nearby vacant lot the next afternoon. He had been shot and allegedly killed by the Rally’s worker, investigators learned.

The results of the investigation are with the Lake County prosecutor, who will likely determine the Rally’s worker was justified in his actions.

Police declined to identify the employee.

“He feared for his life and that of his co-worker,” Gary police spokesman Sgt. Nelson Otano said.

The body of Marcus Patillo, 24, of 5800 block of Massachusetts St., Merrillville, was found in a weedy lot west of the restaurant. Police believe Patillo and his accomplice ran that direction after the worker shot at them. Patillo was pronounced dead at the scene around 12 hours after they entered the business through an unlocked employee entrance at 2:30 a.m. Jan. 11.

Workers were closing for the night when the men entered, restrained one employee and demanded cash.

Police said the restaurant’s service door, located on the east side of the building, did not lock properly and employees had reported the problem more than once.

The door opens adjacent to the drive-through lane and the lack of security was not a secret, Otano said.

Repairs were made subsequent to the shooting, police said.

Patillo was serving a five-year probation in Lake County after it was transferred from New Madrid County in Missouri in 2009. He was convicted there of possession of marijuana, court records show.

Otano said Detective Alex Jones is continuing his investigation into the incident.

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