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http://www.wyff4.com/news/23506255/detail.html

Sonny's Shooting: No Charges For Employees
Solicitor: Deadly Force Acceptable When Defending Life

POSTED: 11:21 am EDT May 10, 2010
UPDATED: 8:44 pm EDT May 10, 2010

GAFFNEY, S.C. --
The Seventh Circuit Solicitor will not pursue charges against Gaffney restaurant employees who opened fire on armed robbers over the weekend.

One of the teen robbery suspects was shot and killed during the shootout that happened early Saturday morning at Sonny's BBQ Cafe, according to deputies. (Full Story)

"You have an unfettered right to defend yourself," Trey Gowdy told News 4. "If you reasonably believe you are in danger of losing your life, you may use force up to and including deadly force," said Gowdy.

When asked if the law applied even if the suspects were fleeing, Gowdy said, "How did the employees know they weren't going outside to get a bigger gun? If you are in fear of your life, you can use deadly force."

The Cherokee County Sheriff's Office said that Michael Shaquille Davidson, 16, was one of three teenagers shot after robbing Sonny's Restaurant early Saturday morning. Investigators say the three teens were about to leave when two employees opened fire.

"I just want to see justice for my cousin. He was shot down like a dog," said Alex Davidson.

"From what I'm getting, they was running. They was leaving the store; running out of the store," said the teen's uncle and namesake, Michael Davidson. "So I mean, if they was running out of the store, why would you shoot them in the back?"

In an interview that aired Sunday on WYFF News, several family members said they had heard that Davidson and the other two teens had been shot in the back.

Cherokee County Coroner Dennis Fowler would not comment on whether Davidson was shot in the back or front after an autopsy Sunday, but he did confirm that the teen died of gunshot wounds.

The sheriff's office said Sunday morning that they were still going over evidence and waiting for results of a ballistics test to determine exactly what happened inside the restaurant.

Lloyd Ryan Jefferies, 18, is in the Cherokee County Detention Center charged with armed robbery, Gowdy confirmed.

Calvin Smith Jr., 16, will be charged with the same crime when he's released from the hospital, deputies said.
 

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Nothing to do with the shooting but, why rob a restaurant early Saturday morning? Wait till the evening when they have plenty of cash.

If I was the defendant, "He was heading out the restaurant with his gun pointed at me". Plain and simple, case closed!

NYshooter
 

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SASI Firearms Chairman, LISAPA Training Committee
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We need to see more of this type of good, common sense, in this part of the country, as well as on the wrong coast. The greatest unfortunate is that common sense is not common.
Gary
 

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"I just want to see justice for my cousin. He was shot down like a dog," said Alex Davidson.

"From what I'm getting, they was running. They was leaving the store; running out of the store," said the teen's uncle and namesake, Michael Davidson. "So I mean, if they was running out of the store, why would you shoot them in the back?"

Don't do the crime if you can't do the time. Justice served
 

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"So I mean, if they was running out of the store, why would you shoot them in the back?"
Because they were filthy criminals who got precisely what they deserved. No expense of a trial and lengthy incarceration, just so they could be released to do it all over again. Good riddance.
 

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Assault is a behavior; Not a weapon.
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Tomorrow, Bloomie will be in D.C. begging Congress to close the Restaurant Workers loophole !! ??) ??)
 

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chapperjoe said:
Im pretty sure you're allowed to shoot someone fleeing a violent felony.
As usuall, you'd have to convince the cops or a jury that it was justified, but still....
I do not think that a civilian is ever allowed to shoot, he is , or may, be allowed to carry and may use his gun to defend himself or others, the shooting may be justified, I do not think allowed is what you mean to say.
 
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bachi said:
I do not think that a civilian is ever allowed to shoot, he is , or may, be allowed to carry and may use his gun to defend himself or others, the shooting may be justified, I do not think allowed is what you mean to say.
USSA
 

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chapperjoe said:
Im pretty sure you're allowed to shoot someone fleeing a violent felony.
As usuall, you'd have to convince the cops or a jury that it was justified, but still....
Shooting fleeing felons is a realm reserved for LEOs.(NYS PL 35.30 and for the bigger pic TN vs Garner) If your shootee has holes that started in the back and came out the front you need to be able to articulate a good reason other than the type of crime he was fleeing from.
 

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The only bad thing is that the employees did not kill the other two dirt bags. (guns saving the gene pool one criminal at a time) Good for those employees fighting back...God bless america
 

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hydtguy said:
you have to ask yourself this.....why do we still live in NY?
It hurts to ask but I think for most circumstance, jobs and families keep us here.

Honestly, I'm heavy on the circumstance part. My wife and I would leave in heartbeat if we could.
 
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