Due to the obvious self-defense issues, the clerk is not being charged with any crime.

The final cause will have to be determined by the fire department. But we have no indication that it's anything other than an accident.

What this charge is saying is that if you commit a felony and during the course of that felony, you provoke a deadly confrontation and some is killed, you can be held liable.

We are being told by the district attorney that this is a novel approach to this law; it is not, we are told, been used in Alabama, although other states have applied felony murder to this type of scenario.

They found (the clerk) was also armed. As one of the suspects pointed a weapon at him and demanded money, the clerk shot and killed one of the suspects.

When the suspect points his pistol at clerk, the clerk shoots and kills one of the suspects.