Clerk shoots armed suspect during convenience store robbery

[jimtem]

A convenience store clerk shoots an armed suspect during an attempted robbery. The suspect was later caught by police. Shortly after 7 p.m. on New Year’s Day, the GRPD received a call reporting a robbery at the Short Stop convenience store in the 1000 block of Leonard St. SW. The caller reported shots fired. Police say a suspect came into the business armed with a handgun and demanded cash. As the suspect was fleeing the scene, the clerk pulled out a weapon and shot the robber in the leg. Police located several pieces of evidence in the parking lot including the weapon and knit mask worn by the suspect. The suspect and vehicle believed to be used in the incident were later located. The masked robber is recovering in the hospital with non-life threatening injuries. Charges are expected to be delivered later today.

What do you think the clerk will get for his actions?

Do you think he still felt he was in danger or is it more likely that he just didn’t want the BG to get off scot-free?

Is it always wrong to shot at the BG if he is retreating? Still in the home or in other situations?

My issue with this is that it may be hard to distinguish for several seconds if the BG is in the process of making a run for it or if you are still in grave danger.

[DefensiveCarry.com]

[Stevew]

Looks to me like he was stopping a crime in progress. Should be legal, but I won't be the judge / DA that makes that call.

[retsupt99]

Grand Rapids can be a nasty place in some parts of town. IMHO, this clerk should get a 'pat' on the back for trash elimination.
Firing at a BG while who is still in the store and armed should be understandable...many BG's fire their weapons when leaving...no problem in my book. Hopefully, the DA will see it the same way.

[gottabkiddin]

One can hope that the clerk will get a thumbs up and life goes on.

[jimtem]

That's the way I was looking at it also. I could guess that the threat was over if it appeared that the BG was retreating but I would be uncomfortable with that risky of a guess and trying to judging appearences.

[cl00bie]

What do you think the clerk will get for his actions?

Probably jail time.

Do you think he still felt he was in danger or is it more likely that he just didn’t want the BG to get off scot-free?

Probably heat-of-the-moment adrenaline OD.

Is it always wrong to shot at the BG if he is retreating? Still in the home or in other situations?

Yes.

My issue with this is that it may be hard to distinguish for several seconds if the BG is in the process of making a run for it or if you are still in grave danger.

Going to be hard to sell to a jury with bullet holes in the perp's back

[BugDude]

Many cases where BGs have turned to leave turned their head back and shot victims while fleeing. It's not a huge stretch once they pointed a gun in your face and are still in reasonable proximity...especially if they thought the person could ID them later.

[searcher 45]

If this shooting had happened here in Texas the clerk would probably be "no-bill" by grand jury and receive his belated increased Christmas bonus.

[jofrdo]

The armed BG was still in the store and still armed, so the clerk's life could reasonably be considered to be still in danger. If he had a shot, he was justified in taking it.

Once the BG leaves the store, I would think the clerk's shot might not be deemed justified.

[Hot Wing]

My thought is clerk should have emptied mag or wheel

[Thumper]

As the suspect was fleeing the scene, the clerk pulled out a weapon and shot the robber in the leg.

Is shooting a fleeing felon legal in GR? I don't think the clerk can convincingly articulate fear of his life unless the BG was fleeing and still pointing the weapon back toward him.

[user]

Looks to me like he was stopping a crime in progress. Should be legal, but I won't be the judge / DA that makes that call.

Normally it would have to be a "serious felony" to be able to use the "stopping a crime in progress" defense. The serious felonies are rape, robbery, arson, burglary, and murder. This was a robbery, but it was over by the time Badguy got shot.

So the better defense would be the "stopping a dangerous felon" rule. Badguy was armed and dangerous and likely to be a danger to others (carjacking for escape) or to police who had a duty to track him down. No question he was felon. That's the tack I'd take.

[XDm40]

My thought is clerk should have emptied mag or wheel