If you were unarmed and running away I would hesitate to use deadly force on you, but there is a big difference between community service for stealing beer and 10 years for stealing valuables if you are caught, and I still believe in being judged by a jury over one guy. I guess it all depends on what you could sleep at night with, killing an unarmed man who stole a case of beer from me and posed no threat is over my own line I draw, you may be different.
I will agree that situations like this need to be dealt with, but allowing some store clerk the right to send a dozen shots down a street at the back of a fleeing drunk who never threatened him is going too far. Now had he caught up with him and kneecapped the guy with his Louisville Slugger on the other hand, I think I could sleep at night with that. :)
He really should not have killed the guy and with a little time to think about it he would probably agree. He didn't have time to think about it though. The thief forced him to make a quick decision and a life was lost over it. I don't know if it was a hardened criminal that got killed or a kid pulling a stupid stunt but the stupid stunt was pulled by the thief and not the clerk.
I feel sorry for all involved but most sorry for the poor, poorly paid clerk that is now going through hell.
1st degree murder was a stupid charge. Manslaughter would have been the reasonable charge and 1 year on the shelf would be the correct punishment IMHO.
What a terrible waste of life.
I clearly said I would not shoot the guy, but if this clerk had been robbed numerous times at gunpoint, then I could undertsand his actions.