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Kelly scores back -- session on the docket today and 71 year old gunman.
Jumps -- -- action shooting two armed intruders who are trying to rob an Internet cafe the whole -- caught on camera look at this -- -- floor.
You can see the two suspects their first they run -- what's got -- that one's got a gun they start.
Going after the money in scare and the but Jesus separate out of that everybody in there then look at this guy.
The -- one year old dressed in white comes out he starts shooting.
One of these guys allegedly pointed a gun -- the customers the other one was -- in his bat and that's when this guy Williams.
Is his name comes out it starts shooting saving those in this in the cafe.
The suspects were arrested hours later.
It one of them was wounded but not seriously and the customers call mister Williams a hero.
But did he break the law.
The attorney the State's attorney has said at this point he doesn't anticipate filing charges based on what he's seen so far.
But it's still possible as he awaits the final reports from the sheriff's office joining me now Fox News legal analyst Mercedes -- what.
And former prosecutor now defense attorney mark I -- I panel thanks so much for being here so.
-- -- -- were so mad yesterday because Trace was giving the reports about what a hero -- -- one year old guys and I said well I'm not sure.
Is based on what -- side Nittany yelled and you that I ruined and the only reason I said that it was because of what happened at the very end what happened at the very end of the tape when the guys were retreating were running out the door to leave.
One without -- ground and he kept shooting.
And I -- I ask you mark is there any grounds based on that we'll show it to the viewers here.
And a ground based on bats for potential charges against mr.
The answer is yes -- let me make it extremely.
Clear as a prosecutor I would never bring charges against them.
I think what he did was heroic but out you don't want to go to -- I got that.
And now as an and it's not justified all I'm gonna put on my other reasonable prosecutor's -- -- -- -- say all right if I'm gonna bring charges here's the argument I'm gonna make.
The guy was justified in shooting because you reasonably -- -- -- the great bodily harm but.
Once the guys turn their backs and then he continued to shoot when they're about three to probably six feet.
Outside the door heading out to their cars clearly they in no way at that moment.
-- a legitimate threat of death -- great bodily harm and his shooting.
Could justify charges if anyone just tuned in in the middle of my argument I don't feel that way however.
Well let me let me just say -- because a lot this is out of Florida same state as straight on -- in George Zimmerman in the stand your ground immunity.
When you shoot to to defend yourself -- somebody else but there was a case not too long ago.
Where guiding David -- in Tampa lost his bid for stand your ground protection Mercedes because his victim was walking away when he had been shot him in the court wrote.
We conclude that -- does not apply because the victim was retreating.
That could be an issue for but frankly you're not going to find a single you're out there that's going to feel that this man should think charges -- He's into the -- -- -- coming in brandishing gun.
People are starting to run around one of the swinging a bat there isn't a single you're at this and of course is kind absolutely your -- -- playing.
Then -- under those circumstances got god willing there's someone like that who's brave enough.
The stand your ground to stand their ground and defend those other individuals look what happened if.
Williams wasn't there I don't agree I agree in Canada and the part of the tape we just watched and this part got bus and he see -- saving lives here.
It's this next part right here now watch out they go one falls over the other the one on the on the ground -- -- shot.
And there he is still she -- -- I'm gonna help you I'm gonna help make your argument again don't agree with it but let's say this say that.
Final one or two shots when these.
Bad guys are heading towards their car let's say mothers pushing a grocery cart along and her son or daughter is right there on the card and that's to re bullet.
Fired by a 71 year old guy.
Hits the kid god forbid -- kills the -- And you got a civil claim they are that's what you have you don't have a criminal claim against him that I haven't had the -- I've got thirty seconds but I reiterate -- an assailant and others like when their party out and they're retreating -- I think it's strictly it's -- adrenaline you look at what he's going to -- I honestly believe that even on the ground and baking and brandishing a gun.
There are gonna turn around and shoot me especially that last one where he fell and I integrate any sort of turn around I'm very -- -- Iron Man when -- -- -- -- inspiring I gotta go but I have to say that you know full confession.
I completely agree with you I think that now having -- -- -- mr.
-- -- and -- not need to be charged.
We'll be right guys -- thing and.
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