10-21-2008, 11:42 AM
As much as I sympathize with the clerk it was wrong to follow him out and shoot 3 at him. He is probably guilty of something but I hope his sentence will be light.
What it comes down to is intent. What the clerk should have said was that he was going out to stop the perp from getting away and was going to hold him for the police. Then he could have said the perp raised his gun at him and he shot him in self defense. That would have worked and he would face no charges. Of course for that to work he would have had to think fast on his feet and be ready with that story when the police came. Plus there is the fact of witnesses. It was wrong what the clerk did but his defense could be that he was in shock after having gun pointed at his face 30 seconds earlier and he didn't realize what he was doing.
Remember intent is a big factor in any criminal case. A good lawyer should be able to get the clerk off or at the very least the most minimum of sentences.
What it comes down to is intent. What the clerk should have said was that he was going out to stop the perp from getting away and was going to hold him for the police. Then he could have said the perp raised his gun at him and he shot him in self defense. That would have worked and he would face no charges. Of course for that to work he would have had to think fast on his feet and be ready with that story when the police came. Plus there is the fact of witnesses. It was wrong what the clerk did but his defense could be that he was in shock after having gun pointed at his face 30 seconds earlier and he didn't realize what he was doing.
Remember intent is a big factor in any criminal case. A good lawyer should be able to get the clerk off or at the very least the most minimum of sentences.