Bodega employee shoots robber w/ legal gun, may still get charged

[illy 1]

I didn't see this elsewhere on the board:

 

A bodega employee who shot a city man robbing his store used a legally registered and permitted gun, according to police.

But the incident is under review as to whether the shooting represented a clear-cut case of self defense or an excessive, possibly criminal, reaction.

The employee of El Jaya Deli & Grocery, who police have not identified, shot and critically wounded Jermaine Eason, 23, on Tuesday night, according to police. Eason, charged with the bodega robbery and suspected in 11 armed robberies of bodegas, grocery stores and delis over the past week, remained in critical but stable condition at St. Joseph’s Regional Medical Center on Friday, police said.

Lt. Richard Reyes said the employee had all of the proper paperwork for his gun. Police have not decided whether to charge him and will be consulting the Passaic County Prosecutor’s Office, he said. Investigations into the shooting and string of deli robberies are ongoing, Reyes said.

El Jaya’s owner told The Record that two men wearing masks and black clothing hurled threats and waved handguns while robbing the bodega on Eighth Avenue and 22nd Street. After the robbers made off with $6,500 and several cartons of cigarettes, the employee grabbed a gun he hid behind the cash register and, on the sidewalk outside the store, shot one of the robbers, the owner said.

New Jersey law says a person can use force to defend himself only if it is “immediately necessary” to protect from an assailant’s use of unlawful force.

Clifton defense attorney Jef Henninger, who has litigated dozens of self defense cases, said if attempted murder or other charges are brought against the bodega employee, he would have a difficult time proving he was in imminent danger when he fired because the robbers were already out the door, no longer presenting any threat. It would be much easier to argue if he fired during the robbery when guns were drawn.

“I’m not sure in any state there’s ‘Stand your ground and then go defend the pride of your ground outside,’ ” Henninger said. “It’s kind of a step to leave that threshold — that door is really the crux of the case.”

 

 

continued:

http://www.northjersey.com/paterson/Paterson_bodega_employee_who_shot_man_accused_in_robbery_had_legal_gun.html

[n4p226r 105]

I didn't read the link, but based on what you posted. If he followed the fleeing suspects outside its too late. I'm not going to shed a tear for the suspect, but the store owner was probably in the wrong legally based on what was posted

[Arbelest 29]

Yeah that will not end well since the guy was outside, unless the owner says once they were outside they pointed their guns towards the store and fearing for his life and the lives of his patrons opened fire.

[n4p226r 105]

Not sure that would even matter since he isn't legally allowed a gun on the sidewalk. But this is really dependent on the jury.

[Arbelest 29]

Did he shoot from inside the store or on the sidewalk? The article made it seem like he shot from inside the store onto the sidewalk.

[hd2000fxdl 422]

Based on the info he went out after them and not when confronted in the store it might not turn out that well for him in this state that is. Even if he chased them out and they turned and threatened him, I could be taken as he initiated the second threat being they were taking off.

 

However just like every other story we Monday (hey it is Monday) night QB, we need all the facts and I doubt we have them..

[Dewhitewolf 8]

Something is missing here. Did he have a NJ carry permit? I know that business owners can carry on the premises of their business, but that allowance does not extend to employees. So, if that's the case, how did this guy get a carry permit in NJ?

[Arbelest 29]

we need all the facts and I doubt we have them..

 

I agree the news never reports all the facts, thats why I make up my own as i read the article.

[wangsly 47]

http://www.northjersey.com/news/033011_Off-duty_Paterson_officer_shoots_man_as_he_pulls_gun_from_waistband.html?c=y&page=1

 

Not the first time this guy was shot