Store clerk kills suspect during robbery attempt
By Jason Morton
Staff Writer
December 30. 2005 3:15AM
TUSCALOOSA | A robbery attempt turned fatal early Thursday morning when a store manager shot and killed one of the suspects.
The manager also held a second suspect at gunpoint until police arrived.
“I was afraid my life would get taken away," said the manager, on why he shot 19-year-old Eric Dewayne Baggett of Tuscaloosa. The manager asked that his identity not be revealed.
Baggett’s alleged accomplice, Moundville resident Jamie Marcus Witherspoon, 22, was arrested at the scene and charged with first-degree robbery. He was being held at the Tuscaloosa County Jail on $20,000 bail.
Lt. Loyd Baker, commander of the Tuscaloosa County Metro Homicide Unit, said investigators are consulting with the district attorney on whether additional charges, including Witherspoon’s alleged responsibility in the death of Baggett, may be filed.
Baker said that Baggett, while holding a pistol and wearing a mask, and Witherspoon entered Raceway on McFarland Boulevard about 2:15 a.m. and demanded money.
The manager, who was counting cash and bundling it for deposit when the two suspects entered, grabbed his own handgun and fired at Baggett, Baker said.
“When the suspect points his pistol at [the] clerk, the clerk shoots and kills one of the suspects," Baker said.
“Due to the obvious self-defense issues, the clerk is not being charged with any crime," Baker said, but added that the matter likely will go before a grand jury, which can indict the manager if it determines a crime occurred.
“I wasn’t sure if the bullet struck him," said the manager, who had his 29th birthday on Thursday. “But when he fell down, I knew something had happened."
Video footage captured by the store’s security cameras showed that it took less than 10 seconds from when the alleged robbers entered the business to when the shooting occurred.
Civilians are allowed to use deadly force if they believe the assailant is “committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape or forcible sodomy," according to state law.
“You can use reasonable force to defend people, up to and including deadly physical force, under those circumstances," said Tuscaloosa County District Attorney Tommy Smith.
The Alabama Code also allows residents to have concealed weapons in their homes and businesses with or without a permit.
While it was unclear whether the store manager had registered the weapon he used, officials urge all carriers of firearms to get a permit.
“If you have a pistol permit, I think that eliminates all the uncertainties," said Sgt. Andy Norris, spokesman for the Tuscaloosa County Sheriff’s Office, which administers the gun permits in Tuscaloosa County. “I would recommend everyone have a pistol permit if they carry a firearm, just to erase the issue of legal possession."
The National Association of Convenience Stores, however, does not advocate the resistance of robbers, thieves or other criminals.
NACS spokesman Jeff Lenard said clerks and other workers run a higher risk of being hurt if they put up resistance during a robbery attempt.
“You are 49 times more likely to have a robbery become a violent encounter if you resist," Lenard said. “Obviously, having a gun behind the counter is part of resistance.
“The best course of action, because there is nothing more valuable than human life, is to give the criminals what they want."
The manager said his original intentions were to give up the money, but he reacted out of fear.
“I was afraid," the manager said as he stared at a video-taped image of the slain robber’s gun pointed at him. “That’s why I did what I did."
Reach Jason Morton at [email protected] or (205) 722-0200.
By Jason Morton
Staff Writer
December 30. 2005 3:15AM
TUSCALOOSA | A robbery attempt turned fatal early Thursday morning when a store manager shot and killed one of the suspects.
The manager also held a second suspect at gunpoint until police arrived.
“I was afraid my life would get taken away," said the manager, on why he shot 19-year-old Eric Dewayne Baggett of Tuscaloosa. The manager asked that his identity not be revealed.
Baggett’s alleged accomplice, Moundville resident Jamie Marcus Witherspoon, 22, was arrested at the scene and charged with first-degree robbery. He was being held at the Tuscaloosa County Jail on $20,000 bail.
Lt. Loyd Baker, commander of the Tuscaloosa County Metro Homicide Unit, said investigators are consulting with the district attorney on whether additional charges, including Witherspoon’s alleged responsibility in the death of Baggett, may be filed.
Baker said that Baggett, while holding a pistol and wearing a mask, and Witherspoon entered Raceway on McFarland Boulevard about 2:15 a.m. and demanded money.
The manager, who was counting cash and bundling it for deposit when the two suspects entered, grabbed his own handgun and fired at Baggett, Baker said.
“When the suspect points his pistol at [the] clerk, the clerk shoots and kills one of the suspects," Baker said.
“Due to the obvious self-defense issues, the clerk is not being charged with any crime," Baker said, but added that the matter likely will go before a grand jury, which can indict the manager if it determines a crime occurred.
“I wasn’t sure if the bullet struck him," said the manager, who had his 29th birthday on Thursday. “But when he fell down, I knew something had happened."
Video footage captured by the store’s security cameras showed that it took less than 10 seconds from when the alleged robbers entered the business to when the shooting occurred.
Civilians are allowed to use deadly force if they believe the assailant is “committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape or forcible sodomy," according to state law.
“You can use reasonable force to defend people, up to and including deadly physical force, under those circumstances," said Tuscaloosa County District Attorney Tommy Smith.
The Alabama Code also allows residents to have concealed weapons in their homes and businesses with or without a permit.
While it was unclear whether the store manager had registered the weapon he used, officials urge all carriers of firearms to get a permit.
“If you have a pistol permit, I think that eliminates all the uncertainties," said Sgt. Andy Norris, spokesman for the Tuscaloosa County Sheriff’s Office, which administers the gun permits in Tuscaloosa County. “I would recommend everyone have a pistol permit if they carry a firearm, just to erase the issue of legal possession."
The National Association of Convenience Stores, however, does not advocate the resistance of robbers, thieves or other criminals.
NACS spokesman Jeff Lenard said clerks and other workers run a higher risk of being hurt if they put up resistance during a robbery attempt.
“You are 49 times more likely to have a robbery become a violent encounter if you resist," Lenard said. “Obviously, having a gun behind the counter is part of resistance.
“The best course of action, because there is nothing more valuable than human life, is to give the criminals what they want."
The manager said his original intentions were to give up the money, but he reacted out of fear.
“I was afraid," the manager said as he stared at a video-taped image of the slain robber’s gun pointed at him. “That’s why I did what I did."
Reach Jason Morton at [email protected] or (205) 722-0200.
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