Store owner shoots would-be robber in self-defense, Lexington police say

jmadden@herald-leader.comNovember 22, 2013 

Lexington police say a would-be robber was foiled Friday afternoon when he was shot by the owner of the Marathon Food Mart.

The shooting was self-defense, and the owner was not charged, said Lt. Mark Brand. Brand did not release the identity of the owner or the man who was shot. The injured man was taken to University of Chandler Hospital, and will be in police custody.

No customers were inside, and no one else was injured, police said.

The shooting occurred early Friday afternoon. Police received a call from the Marathon Food Mart about the shooting at 12:46 p.m. Officers arrived at the Marathon, 1209 Winchester Road, near Eastland Shopping Center, shortly after. The man was shot once, and had some "pretty serious injuries," said Lexington police spokeswoman Sherelle Roberts. Police said the man was shot with a handgun that was later found inside the store.

The owner of Marathon is protected under the castle doctrine, which says a person is not obligated to retreat from somebody breaking into their home or vehicle. The 2006 law says someone is entitled to use deadly force if they "had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred." It also applies if a person is attacked in a public place "where he or she has a right to be."

Roberts said self-defense situations aren't rare and are seen when people are trying to protect themselves or their property.

"It's just like any other situation," she said about officers investigating acts of self-defense. "You just have to look at the situation and see if it's in the parameters of the law,"

Justin Madden: (859) 231-3197. Twitter: @HLpublicsafety.

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