Prosecutor: No charges for store clerk who fatally shot armed robber

Posted at 9:35 AM, Aug 11, 2016
and last updated 2016-08-11 17:28:58-04

CINCINNATI -- There will be no charges filed against the store clerk who fatally shot an armed robber July 29, Hamilton County Prosecutor Joe Deters announced Thursday.

Anton Kirby, 18, robbed the Harrison Food Mart on Harrison Avenue in Cheviot while wearing blue latex gloves and a hoodie and face covering that partially concealed his face and while armed with a semi-automatic .380 handgun, Deters said.

Kirby pointed the gun at the clerk and demanded money from the cash register, Deters said. The clerk complied.

Kirby then directed the clerk back to the manager's office with his pistol in the clerk's back, Deters said. He wanted the contents of a safe, which the clerk was unable to open. Kirby then forced the clerk back to the front, where he ordered the clerk to put sealed merchandise into his backpack.

The clerk is a concealed carry permit holder and was carrying a .380 revolver in his waistband, Deters said. Once he was behind the counter, the clerk was able to draw the gun and fire four times, all of which struck Kirby.

"This seems to be totally out of character for this young man, but the actions of the store clerk were justified," Deters said.

Kirby fell to the floor and the clerk moved Kirby's gun away from him. The clerk then called 911 and told Kirby he was calling an ambulance, but Kirby ran out of the store, Deters said.

Kirby on the sidewalk, where police found him when they arrived. He died several days later at the University of Cincinnati Medical Center.