Millcreek Police Give Step By Step of Beer for Less Fatal Shooting Incident

    November 19, 2012 - The Erie County Coroner has ruled the shooting death of a LakeCity man a homicide, now the District Attorney will decide if it was justified.

    Patrick Atkins, 21, was shot and killed Saturday night when he attempted to rob the Beer for Less on West 12th street.

    Erie County Coroner Lyell Cook says Patrick Atkins died of a single gunshot wound to the chest and ruled the his death a homicide.

    JET24 legal analyst explains.

"In order to be justifiable the clerk had to be in reasonable fear that they were in danger of death or serious bodily injury," said Attorney Krista Ott. "Certainly if the alleged robber had a gun that would be a pretty big factor in the clerks mind whether they were in danger."

    According to the clerk, an individual dressed in dark clothing with a ski mask over his face walked into the Beer for Less store on Saturday night after 8pm.

    Atkins reportedly threatened the clerk with a gun and demanded money.

"The clerk stated that he informed the actor that he was also armed, and that when he did so, the actor became increasingly threatening with the handgun," said Chief Tom Carlotti. "The clerk advised that he produced his handgun and shot the actor."

    Atkins reportedly stumbled out of the store and was later found on Filmore Avenue with a silver semi automatic gun in his hand.

"There were reportedly no other individuals in the store at the time of the incident and the clerk locked himself in the store after the actor departed and stayed on the phone with our dispatch center until officers arrived," Carlotti said.

    Meanwhile, surveillance from a robbery at The Exchange on Peach Street showed the suspect wearing a dark sweatshirt with kings written on it.

    Millcreek police say Atkins was found with a similar sweatshirt on Saturday night.

    Millcreek police aren't encouraging business owners to take matters into their own hands, but say in this case it helped protect the clerk against the robber.

"This situation from what we have been told of it this individual posed a life threat to the clerk in this case and it's probably a good thing he did have the weapon," said Captain Michael Tesore, Millcreek Police Department.

    Millcreek police say that the clerk had a legal gun license.