AMARILLO, Texas (KFDA) - The fate of the clerk, who shot two suspected robbers, hinges on a police investigation.
Officers must confirm the children were attempting to rob the store and or kill or injure the clerk.
“The fact that you're in fear of your life, or of serious bodily injury, allows you to take deadly force response to the situation,” said 47th District Attorney Randall Sims.
Once officers complete their report, it will then be given to the grand jury to review.
“They way they have to interpret it and look at it will be obvious there has been a homicide that has occurred. Someone has intentionally done it. Is there a justification for that murder, and that would lead to a defense of self, defense of third parties, defense of property that is he’s got a greater interest in the money in the cash box than they do,” said Sims.
Gun laws allow a store to possess a weapon even if the worker does not have a license to carry.
“The penal code, underuse of force, allows you to defend yourself without a license to carry. You have to, of course, legally be able to own a firearm, but in order to defend your place of business, you don’t have to have any sort of license to do that,” said Ayvrie Dixon, owner, and instructor of Dixon Firearms.
However, gun laws are different for customers entering a store versus those who are employed.
“So anybody else, a patron of the convenience store, would be required to have a license to carry a firearm outside of their own occupied habitation or premises under their control or vehicle or place of business or employment. So it only covers the owner or someone who has the authority to act on behalf of the owner to carry a firearm in that location without a license to carry,” said Dixon.
Amarillo Police Department Sgt. Carla Burr said that location of the shooting has had eight reported robberies since 2018.
According to records, the teen who was killed had a criminal background, as he had a prior to the assault. The 47th District Attorney explains that even though the suspect was 17, he would have been tried as an adult.