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No Charges Filed In Deadly Shooting Incident
   posted 10:32 pm Wed July 23, 2008 - Manheim, Pa.
   reporter: Chris Cekot      posted by: Bryan Peach
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Lancaster County prosecutors decided a deadly shooting Tuesday morning was justified. Police said the man who pulled the trigger feared for his own life.

Police also it was an attempted robbery at Power Pro Battery Company in Manheim and one of the suspects was armed.

The manager pulled out his own gun and shot the armed man twice in what investigators called an act of self defense.

"This victim felt that in order for him to survive, he needed to take the action that he did," said Manheim Police Chief Barry Weidman.

Police said 19-year-old Kevin Smith was armed with a semi-automatic weapon. It was apparently loaded and jammed.

Prosecutors looked at the shop's security tape. What they saw supported the manager's story.

"The manager had a Tech-9 handgun held at his back. Throughout the course of the crime, he was threatened with death more than once by the two individuals," said Lancaster County district Attorney Craig Stedman.

The manager shot smith in the wrist and chest. He later died. In this case, Stedman says by law, the manager had a right to defend himself and Smith's adoptive dad agrees.

"At this point, I don't hold him responsible. He did what he had to do. He did what anybody else would have done," said Jack Smith.

But he's not sure yet if he agrees with the DA's decision to rule his son's death a justifiable homicide.

Smith says he'll make up his mind after watching the surveillance video on Thursday.

Prosecutors have not released it to the media.

"I want to see the video. I need to see it with my own two eyes. Then I'll make the decision whether it was justifiable or not," said Smith.

Smith admitted what his son did was wrong, and told us Kevin's been trouble with the law before.

Smith also says his son had psychological and behavioral problems, and may have been roped in by the second suspect.

"Kevin would do whatever somebody else wanted just so he could make a friend. He was mixed up. He was not on his psychiatric medicine," said Smith.

Kevin died on the same day his younger brother turned nine years old. Meanwhile, the second suspect in this case is still at large tonight. Police say he's in his late teens or early 20s, with a medium to stocky build and a dark complexion.

 

 


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