Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
ST. LOUIS – Police are investigating after they say a local store owner shot a would-be robber who was armed with a toy gun. Investigators say the store owner followed the suspect from his store to a south St. Louis Walgreens.
The shooting happened at the Walgreens on S. Grand. The situation all started up the street at Kaiser Grand Mart.
Court documents say 31-year-old David Cotner tried robbing the Mart by handing the clerk a note that said, "Give me all the money in the drawer."
The clerk allegedly tried to enter the manager's office, when Cotner ran off. Then, the owner of the store followed Cotner to try to get a license plate number, according to the documents.
Someone called 911 and the owner followed the suspect to Walgreens, where police say the man was trying to rob that store. Police say the Mart owner told the man to stop, and showed him his firearm. That's when court documents say Cotner pointed a realistic-looking toy gun at the Mart owner. So the owner reportedly shot Cotner in the shoulder. He is expected to be ok.
Wednesday night, Cotner was charged in the case as well as in a separate robbery at Family Dollar from January 5. Cotner was charged with one count of 1st degree robbery, one count armed criminal action, one count attempted stealing from a person, and one count 1st degree attempted robbery.
There is a Missouri law that allows people to use deadly force to protect themselves on their own property, called the Castle Doctrine.
SLU Law Professor Marcia McCormick says that law probably wouldn't apply here, since the man had left his store. Although she says, he could argue the situation was an extension of the Castle Doctrine.
McCormick says it would make more sense to argue to shooter was acting in self-defense.
"Anytime a person believes that they, themselves, are in danger of being killed or seriously injured, or believes that someone else that is right there is in danger of being killed or seriously injured, that person can act as long as the person who's actually in danger would also be able to act in the same circumstances," McCormick said.
McCormick also says there could be an argument in court that since the shooting didn't happen during the initial confrontation, the store owner may have had an obligation to retreat before shooting. But, she says not enough information has been released to determine whether that would be the case.
Police say the store owner legally owns the firearm he used, and has a concealed carry permit. NewsChannel 5 spoke to the store owner Wednesday afternoon. He said he's been advised not to speak publicly about the incident.
Cotner is held on a $100,000 cash-only bond.
http://www.ksdk.com/story/news/crime/2015/01/07/walgreens-shooting-bates-grand-piper/21383257/