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UPDATE: Man identified in deadly convenience store shooting

Convenience store shooting sheds light on use of lethal force
Posted at 11:34 PM, Mar 29, 2019
and last updated 2019-04-01 12:10:38-04

UPDATE APRIL 1: The Clark County Coroner has identified 56-year-old Robert Lee Cook as the man who was shot and killed on March 29 after authorities say a man and women stole several cases of beer at a convenience store in downtown Las Vegas.

LAS VEGAS (KTNV) - A convenience store shooting has once again shed light on the use of lethal force.

Las Vegas police arrested Suse Antunez-Garcia, 26, Friday afternoon.

Investigators said the store clerk fired two rounds at a getaway car after a man and woman stole several cases of beer earlier at the convenience store on Las Vegas Boulevard near Washington Avenue - that man was pronounced dead at the University Medical Center.

RELATED: Clerk who shot man stealing beer will be charged with murder

"The use of force is not any different for law enforcement than it is for civilians," said Nephi Oliva, owner, and instructor at Tactical Martial Arts Academy of Las Vegas.

His business conducts scenario-based training on how to react when you face a threat.

"Imminent threat, that means right now," Oliva said.

She also noted that the fatal shooting of a 13-year-old boy stealing from a smoke shop in December 2016 and the deadly ending as an unarmed thief ran out of a pawn shop on Sahara Avenue and Jones Boulevard in 2006 with a Cartier watch were both "bad shoots" in his estimation.

Ultimately, both the smoke shop and pawn shop owners were arrested, charged with murder and received probation after a legal back-and-forth, but they could have received years in prison.

"If people are running out of the store after a beer grab, and they're not a threat to the cashiers or others, then it's a homicide," noted former Clark County District Attorney David Roger.

"It could be second-degree murder or some type of manslaughter," Roger said, noting that deadly force is only justified when there is an immediate fear that there is a danger of losing your life or a threat of receiving substantial bodily harm.

RELATED: Self-defense tips for clerks behind the register

"If a person is robbing your house and they're running out the front door with your favorite HDTV, that doesn't mean you can shoot them for taking your television," Oliva told 13 Action News.

Oliva continues to train in the best ways to use weapons and martial arts when you're facing a scary situation when adrenaline strikes.

"If a gun is pointed at me, I'm going to take action, so it's not," he said.

Suse Antunez-Garcia remains in the Clark County Detention Center charged with open murder.