LATEST: 13 Action News has received the official arrest report for Raad Sunna. According to documents, police say 13-year-old Fabriccio Patti was about 40 feet away from Sunna during the robbery when he was shot.
Police say surveillance video shows Patti taking items from the store wall and was not posing an immediate threat to Sunna. Patti began to run away when he was struck at least 7 times by gunfire from back to front.
Patti was not armed or advancing towards Sunna at any time during the robbery.
UPDATE: The smoke shop clerk accused of shooting and killing a teen during an attempted robbery appeared in court on Thursday morning. A preliminary hearing was set for 1 p.m. Jan. 19, 2017. It will continue on Jan. 20 if necessary. The judge also ordered the clerk to hand over his passport.
In addition, attorneys for Raad Sunna asked for changes to the conditions of Sunna's house arrest. They asked that he be allowed to also attend church and go to the doctor. The judge granted the request.
DEC. 7 UPDATE: Raad Sunna has been granted bail of $150,000, according to court records.
He will be released on house arrest and will be required to wear a monitoring device. Defendant is only permitted to be at home and to attend work.
He has a court date scheduled for 8 a.m. Thursday.
The district attorney's office said Wednesday 13-year-old Fabriccio Patti was not wearing a mask when he entered the store with two other teens.
DEC. 6 UPDATE: Police say they decided to charge 24-year-old Raad Sunna with murder after they viewed surveillance video from the store.
#breaking Clerk arrested for murder in shooting death of 13 year old. @LVMPD says teens had mask, no weapon, & were just stealing property. pic.twitter.com/R9CrTbZJGo
— Mahsa Saeidi (@MahsaKTNV) December 6, 2016
Lt. Dan McGrath told the media that after viewing the footage, Sunna did not seem to be in to be in immediate danger. Police say the teens, including 13-year-old Fabriccio Patti, wore masks but were not armed.
The 3 teens all attended Lawrence Middle School. Ages 13, 14, & 15. @KTNV
— Mahsa Saeidi (@MahsaKTNV) December 6, 2016
"There was not one person who saw the video who believed he was imminent danger or personal danger at that point," McGrath said.
Sunna will have to prove he was in fear for his life for it to be self defense, according to 13 Action News Crime and Safety Expert and retired LVMPD Lt. Randy Sutton.
Legal standard: @LVMPD doesn't believe "reasonable person" would've thought his life was in jeopardy inside that Smoke Shop. @KTNV
— Mahsa Saeidi (@MahsaKTNV) December 6, 2016
Those who know Sunna are coming to his defense while his Fabriccio's father, Martin Patti, wonders what went wrong.
During a vigil for Fabriccio Tuesday evening, his father said he wants the suspect freed.
Dad of 13 y/o killed while allegedly stealing from Smoke Shop says he doesn't want clerk to face murder. He wants suspect freed. @KTNV pic.twitter.com/5MzXeQeON6
— Mahsa Saeidi (@MahsaKTNV) December 7, 2016
Despite that, Martin Patti told 13 Action News he wishes the clerk would have fired a warning shot.
DEC. 5 UPDATE: The Clark County coroner identified the teen who was fatally shot on Friday as 13-year-old Fabriccio Patti from Las Vegas.
"He would go to the park, hang out with friends, but to do something stupid like this," said father Martin Patti. "I had no idea what's going on with him."
Only on @KTNV surveillance from night @LVMPD says teen shot/killed during attempted robbery. We're piecing together a timeline at 11. pic.twitter.com/HT5HZbKLBS
— Mahsa Saeidi (@MahsaKTNV) December 6, 2016
Patti said his son was loving. The family is shocked at the allegations.
Fabriccio was shot and killed by a store clerk during an attempted robbery, according to police.
He was shot in the head and torso. His death was ruled a homicide by the coroner's office.
13 Action News uncovered never been seen surveillance video from a nearby business. Police have not confirmed the video. It is from the same night, same time and same location as the shooting incident.
In the video, you see three teens walk towards the smoke shop at 5:04 p.m. Approximately 10 minutes later, only two teens are seen running away. Police swarm the shopping center soon after.
Fabriccio's father was too devastated to view the video Monday night.
He urges other parents to keep a watchful eye on their children.
"Where they go, the people they hang out with, what activities they're doing," Patti said.
#breaking we now know identity of teen killed during what @LVMPD believes was robbery. His family's message at 5 on @KTNV pic.twitter.com/yVJE5den20
— Mahsa Saeidi (@MahsaKTNV) December 6, 2016
The teen was a student at Lawrence Middle School.
The Clark County School District says that members of their crisis response team were at the school to help students and staff cope with the death.
A letter was also sent out to families with children at the school.
It reads in part, "It is with deep sympathy that I inform you of the recent passing of one of our students in an incident that occurred on Friday. It is never easy to lose a valuable life, especially at such a young age. This student will always be remembered as a part of our school family, and our staff and students will truly miss him."
Las Vegas police will be holding a press conference Tuesday at 10 a.m. about the shooting.
ORIGINAL STORY
LAS VEGAS (KTNV) -- A teen has died in a shooting on Friday.
It was reported around 5:15 p.m. in a shopping center near Flamingo Road and Durango Drive. Police originally said the person shot was in critical condition.
Las Vegas police Lt. Dan McGrath said the male teen was shot by a clerk at a smoke shop in what appears to be an attempted robbery. The teen was there with two other teens, who were detained.
Other businesses had surveillance video that showed all three with masks on before they went into the store.
The store clerk has been detained in the shooting and asked for an attorney before giving a statement, McGrath said. The clerk has not been arrested at this time.
Entire shopping plaza blocked off near Flamingo & Durango - @LVMPD investigating fatal shooting @KTNV pic.twitter.com/bcJ30dVYD5
— Tom George (@TheTomGeorge) December 3, 2016
13 Action News will post updates once they become available.
