KY: Surrender has to be Unambiguous to be Effective

In this case in Kentucky, the robber had a fake gun.  When the victim pulled his own gun, the robber resorted to a gesture that indicated he did not want a gun fight.  But the realistic fake gun was still in his hand.

The clerk fired, the robber dropped the fake gun and fled.  His accomplices dropped him off at a closed Urgent Care, but bystanders called an ambulance and he survived, barely. 

Link to video

William Sexton's Accomplices

Police Chief Rick Sanders joins a growing list of police and Sheriffs who have praised armed defenders.  From wlky.com:

Sanders said the clerks move was risky, but paid off.

"In this case, I think the clerk did everything right and fortunately he survived," Sander said.

In the above closeup, it is easy to see that the item is a fake 1911 Colt.  It is not so easy to see it from a few feet, in a dynamic situation, when it is pointed in your direction.   As Chief Sanders noted, you have to assume that the threat is real. 

It turned out that the four suspects involved in the attempted robbery all admitted to being involved.  They all said that they were heroin addicts who were attempting to obtain their next fix.  It is possible that a forced period, off of the drug, in jail or prison, will save them from an overdose.   The wounded robber, William Brandon Sexton, was lucky to survive the shooting:

The clerk shot Sexton once, hitting him in the hand and chest. He lost at least one finger and bullet fragments penetrated his heart and lungs.

The article does not say what ammunition the clerk was using.  It was likely a very aggressive hollowpoint, or perhaps a prefragmented round such as a Glaser safety slug.  A full metal jacketed bullet would not have fragmented so quickly.

If faced with an opponent who holds a weapon, you cannot assume that their gestures or words of surrender are genuine.

Notice that even though Sexton was shot in the hand and the chest, he had plenty of active time to retreat out the door and make it into the getaway car.  The Clerk showed considerable (and justifiable) restraint by not continuing to fire after the first shot forced Sexton to drop the fake gun. 

People who are shot often continue their actions for many seconds before they are disabled.

The common wisdom is that defenders should continue to fire until the opponent is no longer a threat.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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