[Coeloptera]

Ice cream store manager kills robber - News - inRich.com

Now this is the sort of story I think we all like to see in the media.

"A man who robbed a South Richmond Baskin-Robbins ice-cream store with a fake gun Thursday night was shot to death by the store's gun-wielding manager."

Now this does bring up an interesting legal question. Perhaps some of you LEOs out there can answer it. I've always assumed that the appearance of a firearm was enough to legally clear someone who shot in what they perceived to be self-defense, whether or not the gun presented was real.

I ask this because the article states "Police spokeswoman Cynthia Price said investigators will consult with the Richmond commonwealth's attorney's office to determine whether charges are warranted in connection with the shooting."

I understand that the DA's office is what decides whether charges will be pressed, correct? In what seems to be a relatively clear-cut situation like this, how long does it usually take to make that determination?

Now the only potential problem I can see coming up is that the article states the manager fired several times, striking the robber as he fled. How much fleeing does someone have to be doing before it counts as "shooting them in the back"? If someone backs off in a firefight, that isn't legally fleeing, is it?

- Coeloptera

[CrazyIvan]

For the DA to press charges against the store owner would be a stretch. Bottom line is if you are in justified fear for your life, you have a right to defend yourself with lethal force, which in this case was the case.

Now, the only question I would have is: Was the store owner legally able to own a firearm, and did he possess it legally at the time of the shooting?

His actions were not illegal, but if he had the firearm illegally, then he could be prosecuted for that.

[george_l]

Ummmm. I think it depends on what state this occoured in. I don't really know what the laws are there..but if there is a castle doctorine in place then the guy should be in the clear. He's still got a lot of crap coming his way though. We had a customer at a subway shoot 2 robbers and kill 1 about 3-4 months ago and the state atty's office just announced last week that he wouldn't be charged. Also remember he can still face civil litigations.
They're making more and more bs for honest people to go through when they defend themselves...it's starting to make me sick.