From the training a received - that is called murder.
As the robber was leaving an argument can be made that the threat was over and the clerk had no right to use lethal force.
I'm surprised the clerk has not been charged.
If that was in Massachusetts he'd be going to prison.
In Massachusetts, I'm not saying you can't defend yourself - but if you CCW in this state you really need to know the law.
Meh I don't think that leaving the store is generally an issue unless they are shot in the back. I'm more concerned about the one on the ground being shot since he may not have posed a threat. Reminds me of this case:
http://www2.bostonherald.com/news/lo...ob01012002.htm
Trio faces hard time in armed robbery: Suspects shot during holdup
by David Weber
Tuesday, January 1, 2002
Authorities said they will seek armed career criminal indictments against three men who had the tables turned on them when they were shot while allegedly robbing a Dorchester liquor store last week.
Donny Burton, 17, and Sean H. Henderson, 20, both of Dorchester, were arraigned in their hospital beds yesterday as they recovered from gunshots fired by a clerk at ODB Liquors at the corner of Columbia Road and Quincy Street.
The arraignment of a third suspect, Daril A. Burton, 24, a brother of Donny, was postponed as he underwent surgery yesterday.
All three men have lengthy criminal rap sheets. Henderson's earliest arrest was at age 12 for breaking and entering. Donny Burton has an additional pending drug case in which he also was charged with illegally carrying a gun. Daril Burton has served prison time for armed robbery, and assault and battery with a dangerous weapon.
Based on his record, Henderson would face a 15-year mandatory minimum prison sentence if convicted of being an armed career criminal, according to Suffolk County prosecutor Neil Tassel. The Burton brothers could face between 10 and 15 years, he said.
Tassel accused Henderson and the Burtons of being the three men who donned masks and invaded the liquor store five minutes before closing time Thursday night. Two of the men carried guns, and one had a knife, he said.
One gunman opened fire, grazing clerk Caohung Tran, 27. Another clerk, Vu Vo, 26, suffered a knife wound. But a third clerk, Kenneth Hoang, 31, drew a gun and fired back at the robbers. Ambulance crews found the Burton brothers lying on the sidewalk outside the store. Henderson was found about a block away. ``He was banging on doors, saying he was shot,'' Tassel said, adding Henderson had $136 in crumpled cash in his pocket.
Tassel said Henderson denied involvement in the robbery, telling police he was outside the store when he was hit by the gunshots. He said he had been waiting for a taxi to take him to his girlfriend's house in Fields Corner, but he did not know her name or her address. Yesterday, he told his attorney he had been waiting for a bus to take him to his girlfriend's house.
Assistant chief probation officer William Stewart said Henderson is on probation out of Dorchester District Court for trespassing, disorderly conduct, resisting arrest, and assault and battery on a police officer, and is on probation from Suffolk Superior Court for marijuana possession.
Henderson faces a probation surrender hearing after his release from the hospital.
Vu Vo, who was briefly hospitalized after being shot in the arm, declined comment on the robbery yesterday but thanked people for being concerned about him. Tran also was treated and released from the hospital.
