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Convenience store clerk uses deadly force against robber. Now, he's being criminally charged.
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Convenience store clerk uses deadly force against robber. Now, he's being criminally charged.

There's an important distinction with this case that differentiates it from similar incidents

A Richmond, Virginia, convenience store clerk is facing criminal charges after police say he shot and killed a man who robbed the store where he worked.

What are the details?

According to the Richmond Times-Dispatch, Jeremy Simmons, 31, is facing charges of voluntary manslaughter and discharging a firearm in a public place after using deadly force to stop a man who robbed the store where he worked.

Police say that around 3 a.m. on Feb 2, 43-year-old Joseph Harris robbed the store where Simmons worked. In response, Simmons drew his personal firearm and began shooting at Harris, who quickly fled the store. Simmons then chased Harris out of the store and fired several more shots.

"During the robbery, Simmons fired several shots at Harris inside the store from his personal handgun. Simmons pursued Harris outside the store and fired several more shots as Harris fled the area," police said, according to WTVR.

Police discovered Harris' body on a nearby street shortly before 8 a.m. later that morning.

A Richmond grand jury formally indicted Simmons on the manslaughter and discharging a firearm charges this week.

Why does 'stand-your-ground' not apply?

Although Virginia has not formally passed a "stand-your-ground" law — which says a person does not have a "duty to retreat" before using deadly force in self-defense — the Old Dominion has adopted the practice through judicial precedent.

However, laws that allow deadly force in self-defense — "stand-you-ground" laws allow for deadly self-defense everywhere, while "castle doctrine" laws permit deadly self-defense only in a person's home or yard — unequivocally say that deadly force can be used only in immediate danger. In Virginia's case, deadly force can be used only in response to an "overt act indicative of imminent danger at the time."

The question often then becomes: What is "imminent danger" and who defines it?

Using deadly force against someone who is running away, which is what police say happened in this case, is never viewed as justifiable self-defense — only criminal negligence.

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