Legal Question in Criminal Law in Tennessee

Charges

If you get shot in a store that you tried to rob but once you enter the store the clerk and you both have a gun but your ammo(bullets)fall out onto the floor and the clerk asks you to put the gun down, you hesitate but put the weapon down and the clerk shoots you anyway,4 times once in the stomach,back,elbow,and face.What can the family of the person who got shot do legally to the clerk.I don't think the clerk feared for his life if he saw the bullets fall out of the gun and saw that the accused robber put his weapon down.


Asked on 1/05/01, 8:35 pm

2 Answers from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Charges

I disagree with Mr. Aspinwall. If it could be shown that things happened as set out, I believe the clerk is guilty of aggravated assault, and if the criminal charges were brought and there were a conviction, under TN law you would not have to prove liability any longer, but only damages.

It is a case that could be brought and could be won, even if the clerk is not convicted of anything.... but I do agree with Aspinwall that the jury sympathies would tend to be with the clerk, which is why an attorney should also try to keep out of evidence any reference to how things started (this could possibly be done if the clerk were convicted of aggravated assault).

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Answered on 5/06/01, 4:15 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Charges

When one threatens another with a firearm, it is to be expected that something unexpected will happen.

I see no way to make the clerk the bad guy here, although I suppose some lawyers might try to make a case of excessive force. I wouldn't.

When one intends to commit a crime with a handgun one probably gets what one deserves.

Good luck.

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Answered on 1/11/01, 12:24 am


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