Hananiah Israel, 34, entered Sam's Quick Market on Harrison Avenue in South Fairmount at about 9:30 p.m. Sept. 20. He pointed a pistol at the clerks and demanded money, according to Deters.
One of the clerks threw cash across the counter while the other shouted for Israel to put down the gun, according to Deters. The clerk then fired one shot, hitting Israel.
He later died at University of Cincinnati Medical Center, Deters said.
Deters said Wednesday he was not even taking the case to a grand jury.
"If you enter a store with a weapon to rob it, you have forfeited your right not to be shot," he said. "And these clerks were lucky they weren't victims themselves. They were clearly defending themselves."