The cashier drew and shot one of the robbers. The other robber while fleeing was throwing shots at the clerk and also a customer who did not realize the store was being robbed.
Seems like self defense, except the the grand jury indicted the cashier for voluntary manslaughter.
Original news story: http://www.toledoblade.com/Courts/2012/ ... bbery.html" onclick="window.open(this.href);return false;
What raised eyebrows at the news story was the comment:
John Weglian, chief of the special units division of the prosecutor’s office, said that the issue the grand jury had to consider was whether self defense applied to Mr. Abu-Karsh’s actions throughout the entire incident.
“The issue was that although [Mr. Abu-Karsh’s] conduct was initially justified, the grand jury concluded that his subsequent conduct was not in self defense,” he said.
Mr. Weglian declined to comment on the facts of the case or say what conduct was considered not to be self defense.
So three months later there was a follow-up news story: http://www.toledonewsnow.com/story/1700 ... ing-robber" onclick="window.open(this.href);return false;
It shed a little more light on the cashier's conduct:
Kind of reminds me of the pharmacy in Oklahoma City case (Jim Ersland), where he continued to shoot the thug after he was already down.Bandar Abu-Karsh fatally shot an armed robber Nov. 21 after two men tried to rob him at the Express Carryout on Page Street.
The second suspect, Joe Hunter, ran, but Abu-Karsh ran after him, shooting and missing. Hunter was eventually arrested.
Prosecutors said Abu-Karsh then went back inside and fired more shots at the first suspect, Lamar Allen, 25, hitting him in the head, chest and extremities, eventually killing him.
Toledo Defense Attorney Jerry Phillips said it is not the number of bullets fired, but what order they came in, that most likely matters the most.
The Grand Jury may have determined that the clerk disabled the suspect the first time, but went beyond self-defense with the second round of shots.
Fast forward nine months later for a news story during the trial that includes video from the store: http://www.13abc.com/story/19275425/jur ... r-33-times" onclick="window.open(this.href);return false;
http://www.toledoblade.com/Courts/2012/ ... rmath.html" onclick="window.open(this.href);return false;
Turns out, the BG had the cashier get on his knees for two minutes. The BG laid his Tec-9 down to empty the cash drawer, so the clerk used his gun to shoot the BG in the head. The other robber fled while shooting.
The clerk went and locked the front door, then came back and shot the BG with his own gun 33 times.
I am happy to say that the jury acquitted him of all charges. http://www.northwestohio.com/news/story.aspx?id=788849" onclick="window.open(this.href);return false;
Someone needs to give him an award for taking out the trash.
Oh, by the way, here is a quick criminal record for the two perps:
Joe Hunter
2-25-2005 Possession of Cocaine
2-25-2005 Trafficking in Cocaine
5-20-2005 Assault F4
2-10-2009 Possession of Cocaine
2-10-2009 Trafficking in Cocaine
2-10-2009 Trafficking in Marijuana
2-10-2009 Aggravated Possession of Drugs
2-10-2009 Aggravated Trafficking in Drugs
Lamar Allen
4-2-2009 Felonious Assault
5-12-2009 Aggravated Assault
9-15-2009 Possession of Cocaine
9-15-2009 Trafficking in Cocaine
9-15-2009 Trafficking in Counterfeit Controlled Substances
