10-15-2008, 02:54 PM
guest300 Wrote:I would guess that criminal charges will be brought against the clerk. The robber had already left the scene of the crime, so there was no longer any threat or imminent danger, which would not allow any self defense claim.The Tribune has a very well written story on this: <!-- m --><a class="postlink" href="http://www.chicagotribune.com/news/local/chi-waukegan-shooting-15-oct15,0,3213846.story">http://www.chicagotribune.com/news/loca ... 3846.story</a><!-- m -->
The clerk violated FOID law (According to the Tribune and News-Sun). He should be prosecuted for violating Illinois FOID law. The issue of a threat of imminent danger would have come into play twice. There was no longer a threat of imminent danger to the clerk once the robber fled the store. Then after the clerk chose to follow the robber outside another threat of imminent danger was created. The clerk should be prosecuted because the threat of imminent danger was gone when the robber left the store. The threat of imminent danger can come and go in an instant but once the robber fled the clerk was free of imminent danger thus he should not be immune from prosecution.