Law expert weighs in on AutoZone Robbery - Dayton 24/7 Now
DAYTON, Ohio (WKEF) -- Dayton Police were called to reports of a robbery in progress with shots fired at the AutoZone store on W. Third Street on Sunday.
“The coroner's office did show up here, so yes there is a deceased person,” said Sergeant James Gallagher, with the Dayton Police Department.
Police said just moments before the deadly shootout involving a store security guard, the would-be robber fired one round into the ceiling. In a statement released Monday, Dayton Police confirmed the suspect also threatened the worker with a firearm, at which time the armed security officer, discharged their firearm, striking the suspect.
University of Dayton Law Professor Tom Hagel said the security guard’s response was justified.
“If the security guard had a reasonable belief, but he was in danger of imminent deadly harm, he obviously had to duty to immediately defend himself,” Hagel said. “He was apparently being threatened with deadly force and is allowed to use deadly force in protecting himself.”
It's unknown if the security guard had a concealed carry permit, but in the state of Ohio, with recent stand your ground laws, Hagel said the guard appears to be in the clear.
“Stand your ground you focus on the individual, so whether you’re in a business or you’re at home or you’re out on the street, the stand your ground law simply means you don’t have to run to escape the danger, you can stand your ground and protect yourself,” Hagel said. “So, it would certainly apply being in a business.”
Ohio recently became the 23rd state to pass a “permit optional concealed carry law” also known as the “Constitutional Carry” law. However, the new law wouldn’t apply to this case because it goes into effect on June 12th. So far in this case no charges have been announced.
The Montgomery County Prosecutors’ office is now investigating this incident which is normal protocol anytime there is a homicide.
Management with AutoZone said the W. Third St. location will be open for regular business hours on Tuesday.
source: https://dayton247now.com/news/local/law-experts-weigh-in-on-autozone-robbery
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