Lexington, Kentucky

From the Lexington Herald-Leader of June 11, 2006

Lexington store clerk shoots, kills robber

A Lexington store clerk shot and killed a man who attempted to rob a downtown market this morning, Lexington police said.

Charles F. Harmon, 26, of Lexington entered SubCity Market, at the corner of East Seventh Street and Shropshire Avenue, just before 9:30 a.m. and demanded money from the clerk behind the counter, Lexington police Lt. James Curless said. The clerk pulled out a handgun and shot Harmon, who stumbled outside the store and collapsed.

The clerk then called 911, Curless said. When firefighters arrived they performed CPR on Harmon and transported him to the University of Kentucky Hospital, where he was pronounced dead at 9:58 a.m., according to Fayette County Coroner Gary Ginn.

Police do not plan to file charges against the female store clerk, whom police did not identify.

Curless said Harmon implied to the store clerk that he had a weapon.

Police reviewed the store's surveillance video and found that the clerk's description of the robbery was accurate, a key factor in the decision not to file charges, Curless said.

"The law allows you to use force, up to deadly force, to defend yourself if you are in fear of your life," Curless said.

No customers were in the store at the time of the robbery attempt, he said.

The SubCity Market, located at 500 East Seventh Street, has been robbed several times in the past year and was burglarized a week ago, according to Lexington police. In past attempts, the clerks have complied with the requests of the robbers.

"This clearly paints a picture of the dangerous environment of armed robberies, whether you are the robber or whether you are the clerk," Curless said.