Local Shoplifter Shot

Joshua got trouble . . .

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"Midland Police reported responding at approximately 3:35 p.m. Friday, Nov. 8, to a shooting outside of Mr. Puff's Smoke Shop in the 4300 block of Andrews Highway. Additionally, MPD reported that witnesses on the scene described how a male was inside the store asking about items to purchase costing approximately $130.

“The items were placed on the counter near the cash register,” MPD said in press release from the city. “The male then grabbed the items without paying and went towards the front door of the store.”

Joshua Miller, 27, said to be a store employee, walked from behind the counter toward the front door following the male, MPD said.

“The store employee fired one shot striking the male in the back, causing the male to fall to the ground outside of the store,” MPD said. “There were no reports of the victim making any threats or producing any type of weapon during this incident. The victim was subsequently identified as Deandre Jefferson.”
 
Not justifying it, but it’s legal in Texas to use deadly force to protect property.

He’s going to need a good lawyer but he should get out of it.

Only at night. An odd law that goes back to cattle rustlers if I recall. Texas law is pretty lenient, but not that lenient.
 
Makes me wonder what the result would have been if the employee tried to take the items back, then got assaulted and defended himself. just curious
 
Shooting a man in the back who is no threat to me because he stole something is just not something I could or would do no matter it's value.

That's because you're mature, and thinking rationally.

There are a lot of people in our society these days who can't seem to control their impulses, who lash out violently at the slightest provocation or for the flimsiest reason. We see it in traffic every day...

Maryland man dead after road rage assault led to shooting, police say - CBS Baltimore
 
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Makes me wonder what the result would have been if the employee tried to take the items back, then got assaulted and defended himself. just curious

That's one of the considerations behind so many businesses these days prohibiting their employees -- even loss-prevention employees -- from attempting to stop shoplifters or thieves.
 
While I agree it was really stupid to shoot an unarmed shoplifter in the back or the front for that matter, maybe it will cause a few grab and dash thieves to reconsider. The knowledge that nothing happens, from doing it, has embolden a lot of them to the point of the ridiculous. I mean it is tempting, while on the left coast, to go into a hardware store, load up a bunch of nice battery powered tools and batteries, push the card out the door, load em up and drive off, knowing nobody is going to do anything to stop me.:rolleyes:

Maybe they should allow stores to shoot every 3rd or 4th one:D

The dim bulb cashier is gonna need a really good attorney in order to convince a jury he was scared to death and was shocked the gun went off because he can't remember pulling the trigger. Being as how clerking in a smoke shop is probably minimum wage, he isn't going to get one. Best he can hope for is his public defender manages to cut him a deal for manslaughter after the press loses interest and he only has to do 3-5 years
 
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I'm not an attorney, let's get that out of the way. But as I see it there is no justification for shooting him in the back and even law enforcement would find themselves in deep doo-doo over this. The standard for law enforcement was set down by the U.S. Supreme Court in the Tennesee Vs. Garner case. Officers may only shoot a fleeing suspect if they pose a significant risk of death or bodily injury to the officer or others. No weapon, no threats and not even a forcible robbery, plus the suspect was disengaging at the highest speed possible.

The way I understand it, even a man with a knife, running away from the officer couldn't be shot if they were alone in the middle of the desert, as there is nobody for him to harm.

Texas or not, the courts aren't gonna like this shoot.
 
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