Is this shooting self-defense?

[GreenStormCloud]

http://www.cleveland.com/metro/index.ssf/2012/09/store_clerk_shoots_robbery_sus.html

SNIP
Police were called at 9:54 a.m. to the Mini Mart at 17801 Euclid, where officers found a man with gunshot wounds to the abdomen, arm and leg, Sgt. Sammy Morris said.

SNIP

The man had argued with the clerk, who was in a bullet-proof booth. The man kicked in the door to the booth and went inside. The clerk grabbed a handgun and fired multiple times.

The man was not armed, Morris said.

The clerk, whose name was not released, was arrested on suspicion of felonious assault and having a gun after a felony conviction.

SNIP

This one is interesting. The weapons charge and the shooting charge will be separate offenses.

The clerk was a convicted felon and had a gun so that one is obvious.

But even convicted felons are allowed to defend themselves. He is in a bullet-proof booth and some enraged guy kicks the door in. At that point I would think that the clerk should be able to defend themselves exactly the same as if somebody kicked in the door to their house. It is forcible illegal entry to an occupied place.

Unless other details come to light, I would let him walk on the assault charge and give him a suspended sentence on the gun charge. He is trying to live an honest productive life in a high-risk job.

His boss needs to put in a much stronger door.

[ileus]

1. One still has the right to preserve life.

And let's face it, people will do whatever it takes to remain alive.

That being said, we need the tape to determine what caused the incident.

[ManiacJoe]

2. Based only on the very little info in the article,

it would seem to be self-defense. The arrest for "felonious assault" would suggest that there are other details not included in the article.

[Starboard Tack]

4. Sounds like legitimate SD, on the surface.

Too few details to determine at this point. Maybe the two guys had some history. Maybe the gun didn't belong to the clerk, but the store.

[digonswine]

5. I guess if a guy-

is in a small area and some dink forces his way in by kicking down a door, there would be no reasonable expectation of retreat or avoidance. I am not exactly pro-gun, but I would defend myself with one in this case, as I understand it.

[Eleanors38]

6. I lean in your general direction on this.nt