Charlotte Subway Worker Won’t Be Charged in Killing During Armed Robbery Attempt

By Meghan Cooke / Charlotte Observer – March 3, 2011

An employee at a Subway restaurant in northeast Charlotte who shot and killed a robbery suspect in January will not face charges.

Mecklenburg County District Attorney Andrew Murray said Charlotte-Mecklenburg police consulted with his office about the decision.

“We agreed with their decision not to charge because we do not believe a jury would find the use of deadly force was not justified,” he said Wednesday.

On Jan. 17 around 7 p.m., two men armed with handguns entered the Subway restaurant on Sugar Creek Road near the Hidden Valley neighborhood.

They were trying to rob the restaurant, police said, and an altercation began when the employee refused to comply with the suspects’ demands. The employee opened fire, shooting both men.

Jamal Steven McKenith, 20, was found dead not far from the store at the end of the strip mall.

The other suspect, Demetrius Nathaniel Thomas, 19, was injured. He’s been in jail since he was released from an area hospital in January, charged with conspiracy to commit robbery with a dangerous weapon and robbery with a dangerous weapon.

The employee’s name has not been released, and police haven’t said specifically where the shootings took place.

In 911 calls, two callers reported hearing eight to 10 gunshots, and one said he saw three people outside the Subway along the side of the building, including one lying on the ground.

Both callers said the gun shots seemed to be coming from outside the restaurant.

It was at least the third time in recent months that a store employee has killed a suspect during an attempted robbery.

A Pizza Hut delivery driver was not charged after he shot and killed two 21-year-old convicted felons as they tried to rob a Pizza Hut in east Charlotte in October. The employee shot the suspects with a Glock 22 hidden under his shirt after the suspects hit and pistol-whipped him, he told the Observer.

In June, a masked man was killed after he exchanged gunfire with two clerks at a Sunny Food Mart in Monroe during a robbery attempt, police say. The Union County district attorney decided not to charge the clerks.

Published in: on March 3, 2011 at 5:08 pm  Leave a Comment  

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