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CoCo District Attorney defends decision to not charge Antioch robbery suspect with homicide

DA: Murder charge can't be filed in fatal Antioch gas station gun battle
DA: Murder charge can't be filed in fatal Antioch gas station gun battle 01:55

ANTIOCH -- The Contra Costa County DA on Friday discussed the reason why they would not be charging a robbery suspect who shot a gas station worker dead during a deadly gun battle last weekend with homicide.

Family and friends of the man who died in the exchange of gunfire early Sunday morning have been asking questions about why the suspect who fired the fatal shots won't face a murder charge.

Antioch gas station robbery and shooting scene
Antioch gas station robbery and shooting scene. CBS

The Contra Costa County District Attorney's Office released a statement Thursday outlining the reasons behind their decision.   

Even if prosecutors wanted to pursue murder charges, a long-standing state law won't allow them to do that. 

Authorities haven't released surveillance video of the incident yet because one of the suspects remains at large. 

Friends and loved ones of James Williams, left flowers and candles at the gas station where the 36-year-old man just started working four months ago. 

Authorities say Williams chased two armed robbers fleeing the Chevron Mini Mart on Contra Loma Boulevard in Antioch early Saturday morning.  

"Mr. Williams then opens fire on the two assailants who just robbed him with their backs towards him," said Contra Costa County Chief Assistant District Attorney Simon O'Connell. 

Williams struck one of the suspects, identified by authorities as 19-year-old Ronald Benjamin Jackson, in the leg. He then kept pursuing them. 

Prosecutors say there's no indication the men knew each other. 

"That gunfire continued after Mr. Jackson was hit and went to the ground," said Contra Costa Deputy District Attorney Derek Butts. 

Jackson then returned fire, fatally striking the gas station clerk two times in the torso. 

According to the DA's office, Jackson won't be facing murder charges because California state law does not allow a person to pursue another person to retrieve stolen property once the threat of harm to the victim is no longer there. 

"With Mr. WIlliams' actions, unfortunately, the use of deadly force was not at all justified," said Butts. 

The two robbery suspects fled with cash and other items from the store. 

A co-worker who did not wish to be on-camera says Williams was a good man. Law enforcement officials said Williams did not legally own the gun that he fired nine times. 

Jackson has been charged with second degree robbery with use of a firearm and possession of stolen property 

The maximum sentence he faces if convicted on all charges is 15 years in prison.

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