Justified Deadly Force or Homocide?

From today’s Trib online:

A clerk at a Waukegan convenience store shot and killed a 20-year-old North Chicago man who was fleeing on a bicycle after robbing him at gunpoint Monday night, police said.

Witnesses told police that Brandon Starks, of the 2000 block of Hervey Avenue, entered the People’s Market, 901 Lincoln Ave., about 7 p.m. and demanded money from the clerk while brandishing a firearm, said Waukegan Police Cmdr. Wayne Walles. After the clerk gave money to Starks he fled the store, Walles said.

The clerk grabbed a pistol and exited the store, where Starks was fleeing on a bicycle, Walles said. The clerk fired several rounds at Starks striking him twice in the upper torso and once in the leg, he said.

Starks rode his bicycle a short distance and fell to the ground, Walles said. Starks was taken to Vista Medical Center East, where he was pronounced dead about 7:35 p.m., Lake County Coroner Richard Keller said.

The Lake County State’s Attorney’s Office was reviewing the case today and will determine if the clerk should face charges, Walles said.

If you were the Lake County prosecutor, would you charge? And if you were on the jury, would you convict? I realize that these kinds of questions are usually asked in bars, so feel free to have a drink before you answer.

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