man robs gas station and kills clerk. DA determines killing is self defense not murder

[BlueWaveNeverEnd]

Last edited Fri Dec 2, 2022, 04:07 PM - Edit history (1)

A California clerk was fatally shot by a robbery suspect, authorities say. The suspect won't be charged with murder.

A robber fatally shot a Northern California gas station clerk but won't be charged with murder because the victim wrongly chased and opened fire on the gunman, prosecutors said Thursday.

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Jackson and another man, who was still being sought Thursday, were fleeing the robbery when Williams chased and opened fire on them, police said. Jackson was struck in the leg and returned fire, killing Williams, police and prosecutors said.

Antioch detectives submitted their findings to the Contra Costa County district attorney's office, and prosecutors "elected to charge Jackson with robbery, possession of stolen property, and a firearm enhancement, but declined to charge him with murder," police said in a statement.

District Attorney Diana Becton remained silent on the matter until early Thursday evening when her office issued a lengthy statement, saying the decision to not file murder charges was based on a "legal and factual determination."

Becton said deadly force is legally justified as an act of self-defense when life or property is threatened, but not to go after someone to retrieve property once the threat of harm has gone down.

https://www.msn.com/en-us/news/crime/a-california-clerk-was-fatally-shot-by-a-robbery-suspect-authorities-say-the-suspect-wont-be-charged-with-murder/ar-AA14NS1O

Video evidence of the incident clearly shows Jackson and another suspect exiting the Chevron station convenience store after the robbery and running from the scene.

DA: Murder charge can't be filed in fatal Antioch Chevron station gun battle



In the eyes of the law, Becton said, Williams' actions ceased to be self-defense when he pursued Jackson and the other suspect with a firearm and continued to pursue Jackson after he shot him.

https://www.msn.com/en-us/news/crime/da-murder-charge-cant-be-filed-in-fatal-antioch-chevron-station-gun-battle/ar-AA14NY0Z

[Jim__]

1. I don't know what the law is in California, but I would hope this guy could be charged ...

... with felony murder.

[mackdaddy]

12. The unarmed driver of a vehicle sitting out side of a bank can be charged with Felony Murder

if other members shoot someone inside.

As I understand it, if one of the two robbers had been killed by the store clerk, the other robber could be charged with felony murder.

I would agree in this case that straight up murder for the robbers shots is muddied by "self defense", but it is still a death that was caused during an armed robbery, and fleeing the scene of an armed robbery.

[Cattledog]

2. The DA should let a jury decide if it was murder.

[Ray Bruns]

6. I think so too.

[Hortensis]

36. The court is the trier of the LAW. Juries are triers of the FACTS.

Before going to trial, the judge has the duty to review the evidence and situation available against the law to confirm that a person can be charged with a crime and which crime(s) would apply. DAs also.

In this case, review of the LAW before the case even got to a judge, much less a jury at trial, ruled out a murder charge, of any degree.

[bucolic_frolic]

3. During commission of a crime

I don't see these as two separate incidents.

[DetroitLegalBeagle]

5. The crime was over

The initial incident ended once they started to flee. When the worker started to pursue, that started the 2nd incident. The robber regains the right to self defense after they retreated. California self defense law is actually fairly broad. California is technically a "stand your ground" state through state case law and jury instruction.

[bucolic_frolic]

7. The emotions weren't over

and emotions are part of crime and consequence of crime. A criminal act is not random if the accused had previous contact with the victim. I won't profess to sort it all out, and state laws may vary.

[LisaL]

15. How was the crime over if he was running away with the loot?

NT

[DetroitLegalBeagle]

33. He was no longer an imminent threat

So from a self defense standpoint, the crime is over. They imminent risk of death or great bodily harm is central to self defense in all states. The deceased lost the right to self defense once the criminals fled. By pursuing them he became the aggressor. By fleeing, the criminals regained the right to self defense. You don't get to kill a fleeing criminal that no longer poses any threat to you.

[sarisataka]

17. I find it interesting

That many claim the crime was ongoing.

There have been similar situations where the pursuer was not killed and in those cases there were near universal calls for the one who chased the fleeing criminal to be charged...

[multigraincracker]

4. Only cops get away with shooting a fleeing suspect

in the back.

[Kaleva]

8. I doubt the clerk had any training

Other then time at a firing range.

[fishwax]

9. Don't rob people. Also, don't chase people down and shoot at them.

Neither of those actions warrants being killed, but both are dangerous to yourself and to others (including innocent bystanders).

[Kaleva]

10. Yes.

[marble falls]

11. The laws pretty clear: he didn't commit murder. The clerk should have stayed at the store ...

... and not chased the armed robber. Self defense ends when the attacker retreats.

[Kaleva]

19. I agree. The clerk screwed up and lost his life

[marble falls]

39. It's a crying shame. I hope the authorities go all out on what they can do to convict the dirtbag.

[doc03]

13. I think Jackson lost his right to self defense the second he pulled a

gun and held up the station. It goes along with the Rittenhouse defense I guess, the aggressor has the right to murder
in self-defense.

[marble falls]

40. The law says a retreating attacker can't be assaulted. The concept is for two reasons ...

1. Assaulting a retreating attacker is considered 'retaliatory' and is a separate crime in itself. We have a justice system to obtain justice.

2. Do you want the corner merchant shooting it out with anyone on your street?

[LisaL]

14. Shouldn't it be felony murder?

He killed the clerk while committing a felony (robbery).
Since he was running with the loot, wasn't roberry still in progress?
Thus, a felony murder.

[Kaleva]

18. The crime was already over and the felon was fleeing the scene

[LisaL]

27. Crime was not over since robber was fleeing with stolen property.

NT

[sarisataka]

29. Once the robber was fleeing

There was no longer an immediate threat of harm to the clerk. That removed his right to use lethal force. Recovery of property is not a sufficient justification to shoot at a fleeing criminal.

[marble falls]

41. Fleeing with the dosh is not a capital offense. What if the shop owner had missed that guy and ...

... and shot your daughter in the living room watching TV? The robber gets away, and the shop owner faces the music over your grief.

[sarisataka]

16. Two wrongs don't make a right

But apparently three wrongs make an ok

[Kaleva]

20. Anyone know iof a reputable gun program that teaches one to chase after

an armed felon fleeing the scene?

I can't think of one.

[sarisataka]

25. I have reviewed and attended several

Not a single one would say the clerk should have pursued the robber.

I also cannot recall another instance where a civilian with a gun chased a robber and the majority of DU posts said he was in the right.

[Kaleva]

26. +1

[jeffreyi]

32. This.

I remember this from a concealed carry class I attended several decades ago. Even in my extreme dark red part of California. And you can't just willy nilly shoot a home invader, either, if they are unarmed and just there for robbery.

[doc03]

21. Then there was Travon Martin he broke no laws was unarmed. George Zimmerman pursued

him and murdered him but got off on self defense.

[Kaleva]

23. I think this is more like the guy who chased a mugger and killed a gitl

The armed citizen thought the mugger got into a car and he opened fire on the car and killed the girl sitting in it.

[SYFROYH]

22. My take.

I understand the DAs point of view, but…

The clerk had every right to chase the robber. The robber was fleeing the scene of a crime - another crime in itself.

If the robber still had a gun in hand then he was a threat to the clerk.

The clerk engaged in risky behavior but could be considered self defense.

I say bring the murder charge to a jury.

[Kaleva]

24. What may be a right isn't always the smartest thing to do

Not when guns are involved and the consequences can be the end of a life .

As I said in an earlier post, I don't think the clerk had any training on the use of a gun.

[SYFROYH]

35. Agreed.

[Chainfire]

28. The clerk tried to shoot the robber for absconding with money. That is clearly wrong.

Legal use of deadly force should be limited to self defense or the defense of an immediate deadly threat to others, and this was clearly not either of those issues. The DA was right in not charging the thief with murder because there was no murder. The clerk went all "cowboy" and ended up in boot hill. It is a shame, but he was a victim of lousy judgement, not murder.

When the armed robber is jailed for a long term then two guns, from the hands of idiots, are off the streets. It is a small start, but a start.

[Kaleva]

30. +1

[littlewolf]

31. here is how I see it

1. once the threat to himself was over
ie the robber was running away the clerk should
have stayed in the store called 911

1a. had he shot the bad guy in the store different story.

2. the robber can still be charged with armed robbery .

2a if the robber was a convicted felon he can also be
charged with position of a firearm by a convicted felon.

I am not a lawyer nor have a played one on TV
I am also not a LEO however I have been trained
on the use of deadly force as a CCW a C/O (correctional officer)
and a DoD security contractor.

[Kaleva]

34. If one is going to have a gun for defense, get the training and practise the training

That will reduce the odds of one ending up dead like the clerk.

[ZonkerHarris]

37. The thief acted in self defense of his stolen property. such BS

[Kaleva]

38. Do you think what the clerk did was the correct thing to do?

[MichMan]

42. Wait for the robber to now sue the estate of the gas station employee