NEW YORK (CBSNewYork) — The Queens District Attorney has decided not to prosecute a grocery store worker in the shooting death of a would-be burglar in Queens.

The 54-year-old worker was stocking shelves alone inside the Met Supermarket on Jamaica Avenue when two men cut a hole in the roof above the cash registers and lowered themselves inside the store around 2:15 a.m. Tuesday, reports 1010 WINS’ Carol D’Auria.

The worker told police that one of the suspects came at him with a blunt object in hand. Police say the worker grabbed the store’s registered shotgun and opened fire. One burglar was shot in the torso and pronounced dead at the scene. The other got away.

Manager Luis Rodriguez wouldn’t give the name of the worker involved, but says he’s a hero for protecting the store, while working alone overnight.

“Yeah, but it’s, you know, it’s a life. It’s a tragedy. Not nice what happened,” he told CBS 2’s Derricke Dennis.

Roger Aiken came to repair the alarm after the siren wires were cut and says the worker was in the back of the store, heard the break-in, and waited.

“The alarm went off. The alarm went off 2 o’clock in the morning, thereabouts,” he said. “Keeping low basically, until they tried to get into where he was I don’t think they even knew he was there, and then it was protection. That’s all it was.”

The manager denies that the worker used the store’s own weapon.

“The only gun we have is pricing gun to price the items,” Rodriguez joked.

The store owner spent the day cleaning the debris and fixing the hole in the roof. The investigation is ongoing, but customers who spoke with CBS 2 were not surprised at the violence.

“Only thing is I feel like this place is becoming a little dangerous now, you know,” one said.

“He could have shot the worker,” another customer said.

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Comments (18)
  1. Maurice says:

    I think this story speaks volumes about living in America. A person, who is trying to make an honest day’s pay, should not have to worry about being robbed or assaulted at work. Guns do not kill people, stupid actions kills people. People that go to work every day and try to do the right thing need to be able to protect themselves. You can’t expect a police officer on every corner. I hope this sends a message to the criminals to stop their stupidity and get a real honest job.

  2. Dan Te says:

    Guns should be banned.

  3. Rocker80 says:

    No charges against the store clerk for using a gun that was not his.

    The store even said they dont own a gun

  4. jim says:

    I wish this would happen 200 times a day

  5. Matthew says:

    Anyone who thinks charges should be filed against this employee seriously needs to get their head checked. You shouldn’t go to jail for saving your own life.

  6. Love NYC says:

    Committing a crime is a choice. Self-defense is because you were not given a choice.

  7. mike says:

    One less piece of garbage on this earth. great job. NYPD is hiring….

  8. DIANN says:


  9. pete says:

    Why would charges be filed? NYS penal law says that you can use deadly physical force to prevent a violent crime, which burglary is.

    1. Rocker80 says:

      if you don’t own the gun you can be charged I know it sounds nuts.

      1. ReedWright says:

        many security workers do not own the guns they carry or are allowed to use. The workers however must have a license to posses and use a firearm. He will likely not be charged as long as HE has a license to use a firearm.

  10. Peter says:

    one less punk tax payers need to pay room & board to !!! give the shooter a metal !!!!!

  11. Dan Te says:

    Guns should be banned.

    1. Bob says:

      Why should guns be banned? We would have a badly injured Store Clerk if they were banned.

    2. ken88 says:

      Are you reading the wrong story?, Or are you retarded? , Or a progressivist provocateur?

  12. Esmerelda says:

    Good for the worker !
    Saved us some tax money.

  13. Rocker80 says:

    If he was licensed to use the gun charges then can be filed.

    1. Bob says:

      Why should Charges be filed? He was protecting himself. The person would have been alive if he wouldn’t have chosen to break into the store. Crime would happen a lot less if more people got shot for breaking the law.

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