Pharmacist shoots alleged armed robber; justified?

[Bill Mattocks]

I don't think anyone has stated this pharmacist is under investigation, and there seems to be no doubt that the armed robber is a bad man. Question for those who consider shoot/don't shoot scenarios; is this a good shoot or not?

I'd lean towards the pharmacist not being charged, since he insists he is in fear for his life at the moment he shoots, and one could argue that the bad guy was about to re-enter the store. However, it does appear that he shot the bad guy while he was exiting...so perhaps borderline. Reminds me of the pharmacist not long ago who chased the robber out of his store, firing at him as he pursued the guy. This is not quite so 'out there', so it's much more understandable. Still, what do you YOU think?

With video:

http://www.kfsm.com/news/kfsm-fort-smith-pharmacist-shot-suspect-self-defense,0,6441473.story

 

[CanuckMA]

It's borderline. The video does not seem to support the re-entry scenario. It's hard to second guess what went through the pharmacist's mind. Hindsight syas to keep the gun pointed at the door, and shoot if the suspect re-enters. But it's an easy judgement from here.

 

[Bill Mattocks]

It's borderline. The video does not seem to support the re-entry scenario. It's hard to second guess what went through the pharmacist's mind. Hindsight syas to keep the gun pointed at the door, and shoot if the suspect re-enters. But it's an easy judgement from here.

That's really how I'm seeing it too. I can understand the pharmacist's state of mind, and I could probably buy the explanation that he thought the guy was turning back towards him. I have no trouble accepting that it's not a bad thing when a guy with this kind of record gets shot (before he ended up hurting someone himself), so I'm not about to shed any tears for his rights, if you know what I mean. I can also understand why a DA would not really want to pursue charges in a case like this. But yeah...iffy.

I didn't actually post this trying to start any arguments, hope nobody thinks that. I was trying to demonstrate that there are truly some borderline cases out there, and deciding whether to shoot or not shoot isn't always so cut-and-dried. But one has to think that hmm, if it were me, what would I do, and likewise think about what would happen if they ended up being charged with a crime by a zealous DA for some reason. It's food for thought if nothing else.

 

[Carol]

We're seeing it with the benefit of knowing the BG left the store. When his head turned around, I thought he was going to come back towards the pharmacist.

I can't tell when the BG was shot. If the surveillance video ended at the moment the pharmacist fired a shot, instead of playing through until the armed robber left the store, that the scenario may look a little bit clearer.

 

[Bruno@MT]

Such things are indeed borderline. There is no easy call and from where we are sitting it is too easy to pore over the video and details time and time again until we can make an educated guess that the pharmacist had to do in a split second.

I have always felt that in bordeline cases, blame should go to the person who initiated the encounter.

 

[Andy Moynihan]

I say yes.

First consider the AOJ triad. He had the Ability and the Opportunity to threaten the pharmacist with deadly force, and he WAS acting in such a way that a reasonable person in the pharmacist's place with the pharmacist's knowledge, would conclude that they could be in imminent Jeopardy( I.e. if I wait any longer it'll be too late) of death or grave bodily harm. If the pharmacist happens to live in one of the remaining unenlightened states that also require Preclusion (if you are not precluded from escaping in complete safety, you must attempt it before using deadly force), If the Gentleman Causing A Problem was standing in the only exit, or the pharmacist would have been exposed to incoming fire if leaving cover to run, then Preclusion was met as well.

Then consider how quickly even someone with their back turned can whip around and get off a shot just when you think you're safe.

 

[MJS]

While it does seem boarderline, I'm going to say that he was justified.