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by Jumping Frog
Tue Jul 03, 2012 10:08 am
Forum: The Crime Blotter
Topic: Clerk Shoots Beer Thief
Replies: 36
Views: 7149

Re: Clerk Shoots Beer Thief

n5wd wrote: . . . shoot the guy in the back over a twelve-pack of beer,
Note the man was shot when he turned to confront the clerk, giving it a robbery/self-defense angle. That is not shooting "the guy in the back over a twelve-pack of beer".
by Jumping Frog
Fri Jun 29, 2012 6:43 pm
Forum: The Crime Blotter
Topic: Clerk Shoots Beer Thief
Replies: 36
Views: 7149

Re: Clerk Shoots Beer Thief

Note that recovery of property does not necessarily have to be the only justification here. Once the thief turned back to confront the clerk it could very well have become justified under PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON.
The store manager said he told Troy Colby to put the beer back, but he didn't. The manager said the clerk opened fire when Troy Colby turned to confront him.
We don't know what was said. If the BG said, "You want your beer back, I'll shove it . . . ", that is threatening him with a weapon. He has now changed theft into Robbery. Even just threatening, "I am going to hurt you bad", it now becomes Robbery.

Robbery is one of the six enumerated crimes in PC §9.32(a)(2)(B) "to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery."

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