The Albuquerque Police Department has provided additional information on the would-be Subway robber.
According to The Albuquerque Journal, Police Spokesman Gilbert Gallegos reports that the weapon used in the attempt to rob a local Subway was in fact a BB gun.
Just after 5AM, the unidentified criminal entered the Subway restaurant near I-25 and Gibson. An armed employee came from the back of the store to assist another employee and shot the suspect.
This comes on the heels of another recent attempted robbery that ended with what Gallegos says is being investigated as a justified homicide.
Tabaco Town was targeted just eight days before Subway. The attempted robbery here ended with 32-year-old Leandro Trujillo being shot by an employee and dying a half-block away from the store.
In New Mexico, there are several criteria to meet for deadly force to be justified, according to US Law Shield.
- There was an appearance of immediate danger of death or great bodily harm to you or another as a result of the threat from the perpetrator;
- You were, in fact, put in fear by the apparent danger of immediate death or great bodily harm to yourself or another, and killed the perpetrator because of that fear; and
- A reasonable person in the same circumstances would have acted as you did. NM UJI 14-5171, 5172.
Armed robbery in New Mexico is a second degree felony for a first offense and a first degree felony on the second offense.
Both cases would seem to meet these criteria as a weapon was used in both attempted robberies. There has been no word on whether the employees of either store will face and repercussions from their employers.
In an update on the Subway robbery case, it has been reported that the weapon used was a BB gun. The investigation is being conducted as a justified homicide and there are no charges being filed against the employee at this time.
Categories: Crime Beat