Kansas City Gas Station Shooting Challenges 'Castle Doctrine' Defense

Problems on Prospect turned deadly and this legal complaints puts blame on store owners rather than that a tense history of altercations.

Here's description of the sitch and more info . . .

The lawsuit indicated there had been a prior conflict between the employee and Davis. The lawsuit also said there was “no just or reasonable reason” for the employee to demand Austin Davis to leave.

Another employee allegedly pulled out an unregistered handgun and pointed it at Davis, and threatened to shoot him. The two employees then threw more cans at Davis, according to the lawsuit. The altercation continued to escalate and the employee with the gun passed it to the first employee, “who had a known reputation of being a hothead who liked to fight a lot,” according to the suit.

The employee threatened to shoot Davis. Davis, in fear for his life and safety, “attempted to stop the threat” but was shot one time inside the store, the suit says. Davis, who was struck in the abdomen, ran outside, where he collapsed by the gas pumps. He was taken to a hospital, where he died from the gunshot wound.

No charges filed in homicide Although a person of interest was taken into custody, a grand jury did not indict the employee, said Annisa Davis’ attorney, David Smith. “It is my understanding that the grand jury did not indict because of the application of ‘castle doctrine,’’’ Smith said.

Read more via www.TonysKansasCity.com link . . .

Mother sues Kansas City convenience store owner, alleging employee fatally shot her son

Mother of 26-year-old Austin Davis has filed a wrongful death lawsuit, alleging that an employee at the Xpress Mart on Prospect Avenue fatally shot her son.

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