PD: Clerk, 19, shoots, kills beer thief
First of all, let's note it was a 19 year old possessing a handgun.HOUSTON - A southeast Houston convenience store clerk shot and killed a man for stealing a 12-pack of beer, police said.
Houston police said Troy Colby, 52, went into the store at 3033 Elgin on Friday at 12:05 a.m., grabbed the beer and walked out. The 19-year-old clerk then pulled a gun and shot the thief during a confrontation outside the store, police said. . . . .
"If a person comes into your house and steals something and continues doing it, you have to do something," Bennie Earsle said.
Nearby residents said they did not have a problem
The case was referred to the District Attorney's Office to see if the clerk will face charges. The clerk was not arrested.
Second, the clerk was not arrested because he is clearly justified under Texas Law.
Third, note, "Nearby residents said they did not have a problem".
This clerk would be likely be facing multiple charges under Ohio law.Texas Penal Code Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.