ANTIOCH, CALIFORNIA — The family of a man who was shot to death during a shootout following a “botched” robbery attempt will not see his accused killer charged with murder, officials said according to Fox News.
Apparently it was not believed that his life was in danger at the time the shooting broke out.
According to Fox, James Williams, 36, was working at a California gas station when he was accosted by two suspects, one of whom has been identified as Jackson, who was allegedly armed with a gun.
Williams was armed, too.
Jackson then reportedly ran out of the store, and was shot. Jackson was on the ground as Williams continued to fire. Jackson shot back and killed him.
“He said, ‘Somebody is trying to rob us. Stay here,'” Williams’ coworker Annette Matamoroz told KGO-TV.
“As soon as I went into the bathroom, I heard all the gunshots. As I ran to the front door, he ran in, he stumbled in the door, and he fell right there on the ground.
“I knew it was something bad – there was blood everywhere and it was coming out of his mouth and all over the floor.”
Despite the circumstances, the Contra Costa County District Attorney’s Office said that Williams pursued Jackson past the subsidization of the threat of bodily harm or injury.
“In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm – and continued to pursue Mr. Jackson after he shot him,” Contra Costa County District Attorney Diana Becton said according to Fox.
“The legal distinction is clear: when your property and life are being threatened, an individual is legally justified in using deadly force in self-defense. However, once the threat of harm has dissipated, the victim of a property crime cannot then use deadly force to reclaim stolen property.”
Jackson has been charged with robbery, possession of stolen property, and a firearm enhancement.
What do you think about this determination? Share this out on Facebook and Twitter and let us know!