Prosecutor Makes Right Call In Clearing Kroger Employee In Shooting

Marion Co. Prosecutor Terry Curry has announced his office will not criminally charge a Kroger manager, Elijah Elliott, who shot and killed a man he believed to be armed who was forcibly holding one of the store's employees during an attempted robbery. Based on the evidence disclosed in this WRTV story, it appears Curry made the right call in finding the store manager's actions reasonable under the circumstances.

"Atkinson first encountered a store employee -- an unarmed security guard -- and walked up behind her, placing what she believed to be an object in her back and ordered her to walk to the office," read part of a statement from the Marion County Prosecutor's Office.

Authorities said a second employee saw that Atkinson had the security guard in a headlock and that Atkinson was wearing a mask that obscured his face.

"As the second employee walked out of the office, Atkinson then grabbed her in a choke hold and put her up against a wall. The second employee then yelled for Mr. Elliott," the prosecutor's statement said.

Elliott told police that he saw Atkinson holding the second employee in a choke hold with one hand but that he could not see Atkinson's other hand.

"As soon as Mr. Elliott came out of the office, Atkinson let go of the second employee and charged at him. Mr. Elliott then shot Atkinson," the prosecutor's office said.

Prosecutors said they believe the shooting was justified under Indiana law to prevent the commission of a forcible felony.

Elliott is not entirely in the clear just yet insofar as his continued employment with Kroger is concerned. The grocery store chain has a policy that specifically prohibits store employees from carrying weapons on their person while working at their stores. WRTV quotes a spokesperson for Kroger as saying the matter was still under review. Nobody has yet explained just how 26-year-old Jeremy Atkinson happened to be out of prison so soon after he was convicted of an armed robbery of a Subway shop in 2009 for which he received a 6-year sentence.