[LWC]

http://www.lex18.com/news/man-shot-kille...le-county/

http://www.lex18.com/news/police-confirm...#f17d9e213

Police have confirmed the identity of the man shot and killed during an attempted robbery in Rockcastle County early Monday morning.

Police say James Hensley, 20, walked into the Shell gas station just off I-75 exit 59 about 2:45 a.m. Hensley showed a knife and demanded cash and cigarettes from the clerk. Investigators say the clerk complied and Hensley fled. The clerk pursued and shot Hensley outside of the building.

A member said Hensley would have just gotten off work from his shift at a fast food restaurant.

Police have not filed any charges against the clerk, but they continue to investigate the incident.

Please pray for this family to find answers, closure, peace and the ability to move forward.

This news story has already generated a lot of malice, defensiveness, political debates, etc... If you want to discuss all of that, go ahead, but I am asking to remember this family. The mother is a saintly woman, I think very highly of her.

[Granny Bear]

I'm sorry, LWC.

So many times, a situation like this becomes even worse from the gossip and stories that circulate. I'm guilty of doing that, too but am really trying to be more mindful and thoughtful of those innocent people who just get caught up in the madness.

Consider this family added to my long list!!

[Ballers]

This is a sad situation.
But the guy is really asking for it.. He was holding a person at knife point for a quick draw of cash, I mean come on. If he wouldn't had shot at the guy, the police sure would have. Not saying it's right but maybe he should have shot him in the leg instead?

[OffTheHook]

The only question I have is....Did the clerk know the guy?

[TheRealVille]

Your title is misleading, LWC. That isn't murder. Your bias from knowing the family is showing. The kid was a robber. I do feel sorry for his mother and family though. Good parents can have bad kids. My parents had a bad kid, in my brother.

[vundy33]

Yeah, it's definitely not murder. But I hate it that the guy thought robbing a place was the only way up, and hate it for his family.

[Ballers]

^I'm right with you.. Could it had been orchastrated? Was the clerk in on the deal or was it a deal that went wrong. Either way - and while I understand LWC is a true christian, what would the cops or town people have done back in the day to robbers? Stoned them to death? Something would have been done that's for sure. You can't just walk into a gas station and steal money and not have some repurcussions come back from it.. Whether it be prison time, physically beaten, or shot.. Something has to be done and the guy suffered the consequences - death. What would you do if a robber came into your house - wanted all of your money, and threatened to kill someone in your family if you did not proceed to get your wallet? Like I said in my earlier post, IDK if the guy was shot in the heart, lungs, head, whichever.. Would you still feel sorry for him if he was still alive and the perp was shot in just the leg? Would you say he deserved it and that your prayers are going to be with the family? That is my question to LWC also - and I'm seriously not trying to sound mean but I think that is a darn good question.

[TheRealVille]

Yeah, it's definitely not murder. But I hate it that the guy thought robbing a place was the only way up, and hate it for his family.

If it's as the story reads, and the clerk didn't get the gun out until the guy was out the door, I probably would have let him go, if I was just an employee. I might have felt different if I were an owner. Like everybody else is saying, there way too much to this story that we don't know, to form a very solid opinion.

[vundy33]

Dude, it's a bit tough to hit someone in the leg purposely. He got robbed, the dude got pissed that a knife was just in his face, chased him down and shot at him. Simple as that.

We all deal with the consequences of out actions. The kid had to know he could get shot doing something like that. He dealt with the consequences, just sucks it was death. But, it's not murder. Manslaughter at the most. I don't think the clerk should be charged though, and don't think he will.

[vundy33]

If it's as the story reads, and the clerk didn't get the gun out until the guy was out the door, I should have let him go, if he was just an employee. Like everybody else is saying, there way too much to this story to form a very solid opinion.

Well, most normal people wouldn't go for a gun when a knife is in their face. Most of the time they wait until the person or persons are on their way out. It was also a rifle, not a pistol. I highly doubt he hit a human from 50+ yards out with a pistol. I would've shot him before he ran, for sure. But I'm not that guy.

I've seen how normal people freak out when shit goes down...even cops and paramedics. I even watched a guy die because of it on the 4th of July. It's crazy. People that aren't used to traumatic, crazy stuff react completely un-predictable, and usually it ends up like this.

[TheRealVille]

Well, most normal people wouldn't go for a gun when a knife is in their face. Most of the time they wait until the person or persons are on their way out. It was also a rifle, not a pistol. I highly doubt he hit a human from 50+ yards out with a pistol. I would've shot him before he ran, for sure. But I'm not that guy.

I've seen how normal people freak out when shit goes down...even cops and paramedics. I even watched a guy die because of it on the 4th of July. It's crazy. People that aren't used to traumatic, crazy stuff react completely un-predictable, and usually it ends up like this.

All good points.

[vundy33]

Just a bad situation. From how people talk about the kid, seems like a good kid. I hate that he was at a point where robbing a store looked like a good thing. I've been in situations where I thought a good way out was to shoot myself, but I didn't. Wish this kid didn't do what he did, or the guy missed. If just one thing would've been different we wouldn't be talking about this right now.

Hindsight's always 20/20 though.

[LWC]

I promise that I have no bias, and the title was correct. This is the definition of murder:

"to kill (someone) unlawfully and with premeditation."

From what I understand this boy robbed the station with a knife. LEFT the store. The clerk got out a gun ran outside the store and shot the man.

Let's work through the definition in this instance:
to kill. He killed him, check.
unlawfully He was no longer in harms way, he went from inside the store pulled out a gun that he previously did not have, ran out to shoot the man before he could quickly drive away and shot.
with premeditation Many states (not sure about Kentucky) require a "retreat" option to be taken before legal justification is given. There was the opposite. Vengeance and retaliation were sought out before retreat was taken. He intentionally pulled out a gun and ran out of the store. Key phrase "out of the store." He left safety, did not immediately call the police (unless there was a button or something, I do not know how it works exactly in a gas station, in a restaurant, church or other public place and phone call is supposed to be made)

Another thing that anyone whom has worked in any type of stores knows is that if anyone takes money from your register. If you are robbed, file a police report and have security cameras properly working, insurance will get your money back. Before I began as a pastor, I was taught that, when I worked at Subway and at the pizza place, I was taught that. I remember being told exactly this, "Don't be a hero, give them the money, cooperate, and don't do anything stupid. Insurance will cover the losses, don't risk your life for it." The ONLY motive could have been vengeance and retaliation. This is not battered-wife where he would be justified in chasing him down.

I understand it and would call it self-defense if he pulled the gun out before he left the store, but he made a point to pull the gun after he left, run outside the store and shoot him before he could drive away.

I am sure that both families just want it to go away, just as the police will want it to. So I assume that nothing further will come from it. However, it is murder, but he will probably not be charged.

Keep in mind that even though I knew the man (probably both but the shooters name hasn't been released I don't think) I have been consistent because in the case of the stolen purse, I said the same thing.

Also, I want it to be known that I believe it would be COMPLETELY justifiable if the man came BACK and he shot him right between the eyes. That is being placed in a life-or-death situation and while it would be a tragic loss of life, it is justifiable homicide.

[LWC]

Update:

It was confirmed by several news stations that the clerk left the store and shot the man after he left the property.