Store Clerk kills man at night attempting to steal cigarettes

[philip964]

http://www.click2houston.com/news/store ... cigarettes

Being sent to a grand jury. Went behind the counter in an attempt to steal cigarettes.

I'm not sure here, since man was shot before he was leaving with the cigarettes. Also may involve the shopkeepers laws which I don't know.

I'll let the experts weigh in.

[ScottDLS]

Sounds like strong arm robbery to me.

[rbwhatever1]

If this country wasn't swirling at the very bottom of the toilet bowl this would not be an issue. We now have LEO's getting assassinated and many are afraid to defend themselves. Obama did this in 8 short years starting with this exact same thing in Furgeson. An entitled criminal thug created by the DNC Welfare System that wanted free smokes....

[Abraham]

Don't steal and chances are far better you won't get smoked...

[WildBill]

Don't steal and chances are far better you won't get smoked...

Or give up smoking.

I don't know how this one will turn out.

[Ike Aramba]

It sounds like clear cut case of robbery. A reasonable man would be "in fear of imminent bodily injury" if a criminal "got upset, went around the counter" that forms a physical barrier between the store clerk and the criminal.

[WildBill]

Sounds like strong arm robbery to me.

No such crime in Texas. There is robbery and aggravated robbery.
We will have to wait for the grand jury on this case.

It sounds like clear cut case of robbery. A reasonable man would be "in fear of imminent bodily injury" if a criminal "got upset, went around the counter" that forms a physical barrier between the store clerk and the criminal.

He may have gone around the corner, just because that's where the cigarettes are kept.

[Ike Aramba]

He may have been a millionaire philanthropist who forgot his wallet at home and wanted to buy on credit.

[Jusme]

Will this death be attributed to smoking?

Sounds like his credit had been denied, this would be the same if his credit/debit card had been declined and tried to get the cigs anyway.

[ScottDLS]

Sounds like strong arm robbery to me.

No such crime in Texas. There is robbery and aggravated robbery.
We will have to wait for the grand jury on this case.

It sounds like clear cut case of robbery. A reasonable man would be "in fear of imminent bodily injury" if a criminal "got upset, went around the counter" that forms a physical barrier between the store clerk and the criminal.

He may have gone around the corner, just because that's where the cigarettes are kept.

It wouldn't be aggravated robbery unless the clerk was >65 (a "person of age") or disabled. By "strong arm" robbery, I meant no weapon involved. But it is still putting someone in fear of harm, hence TXPC 29.02 "ROBBERY", not simply burglary or theft. Preventing imminent commission of either (robbery or aggrivated robbery) is a justification for use of deadly force, so from what's reported so far clerk seems justified, unless maybe he had his trash carts out on the wrong day and was therefore guilty of a non-traffic class C.

[WildBill]

Sounds like strong arm robbery to me.

No such crime in Texas. There is robbery and aggravated robbery.
We will have to wait for the grand jury on this case.

It sounds like clear cut case of robbery. A reasonable man would be "in fear of imminent bodily injury" if a criminal "got upset, went around the counter" that forms a physical barrier between the store clerk and the criminal.

He may have gone around the corner, just because that's where the cigarettes are kept.

It wouldn't be aggravated robbery unless the clerk was >65 (a "person of age") or disabled. By "strong arm" robbery, I meant no weapon involved. But it is still putting someone in fear of harm, hence TXPC 29.02 "ROBBERY", not simply burglary or theft. Preventing imminent commission of either (robbery or aggrivated robbery) is a justification for use of deadly force, so from what's reported so far clerk seems justified, unless maybe he had his trash carts out on the wrong day and was therefore guilty of a non-traffic class C.

I know what you meant, but today is the eve of Halloween, my day to win the internet.

[ScottDLS]

Ha ha Wild Bill:

Bump.....I win.

Federal Gun Free Safe School Zone Act

[Flightmare]

Ha ha Wild Bill:

Bump.....I win.

Federal Gun Free Safe School Zone Act

Yes, the offender obviously needed to be educated in this case.

[dlh]

Why isn't this a "theft in the nighttime" case justifying deadly force under Section 9.42 of the Texas Penal Code?

The article says theft happened at 8:30 p.m. This time of year that is pretty dark or "nighttime." Guess we could consult the weather tables for that one but I am too lazy to do so. :)

[WildBill]

Why isn't this a "theft in the nighttime" case justifying deadly force under Section 9.42 of the Texas Penal Code?

The article says theft happened at 8:30 p.m. This time of year that is pretty dark or "nighttime." Guess we could consult the weather tables for that one but I am too lazy to do so. :)

The DA has not filed charges [yet]. I am sure this statute will be considered when the case is presented to the grand jury.