Teen shot in jewelry store heist dies

[Molivo]

They just announced last night the shooter isn't going to be charged.

[tcpip95]

They just announced last night the shooter isn't going to be charged.

Glad to hear that.

[lakelandman]

They just announced last night the shooter isn't going to be charged.

Glad to hear that.

1+ Always good to hear in the end.

[ADulay]

If I shoot a bad guy who has just robbed me and is driving away in my stolen Jeep, the state is saying this is OK??

I"m missing something here. Since when can you run outside your store and shoot at the fleeing bad guys?''

Yes, I'm glad the bad guys in this case are worm food, but something is off about the shoot.

Can I assume that it's now OK to shoot at the bad guys while they're driving away or have I read this entire episode incorrectly?

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[Tenzing_Norgay]

They just announced last night the shooter isn't going to be charged.

MARTIN COUNTY — A jewelry store owner who shot a teen after the boy was accused of robbing the store and later died will not be charged in the teen's death, according to the State Attorney's Office.

Further, the teen's friend who drove the getaway stolen Jeep, and under state law could be charged in his friend's death, likely won't face that charge, said Assistant State Attorney David Lustgarten, who is assigned to the case.

"Under Florida law, when a forcible felony takes place, there is the authorization under the law for the use of deadly force to be initiated in certain circumstances," Lustgarten said Friday.

He explained the incident is considered a robbery and not a theft because Jakeem McMillian, the 17-year-old who was shot, threatened the jeweler's wife and became physical with one of the other employees.

A Florida statute says during the course of a robbery, force can be used while the robbery is going on as well as after the robbery, if the incident occurs in a "continuous series of acts or events."

The robbery lasted about 15 seconds, Lustgarten said, which includes the period when the jeweler, Michael Dacey, a New York Police Department detective who retired in 2003, went outside and fired his gun.

The State Attorney's Office viewed about 10 camera angles and spoke to witnesses, Lustgarten said. Ultimately, prosecutors decided the robbery was a continuous incident.

"So everything is taking place in a period of seconds," Lustgarten said. "The robbery is still ongoing, so the driving away is still part of the robbery."

The law allows force to be used in some situations, such as this, he said.

Lustgarten would not elaborate on why the accused accomplice likely won't face charges in his friend's death. That is still be investigated, he said.

Martin County Sheriff William Snyder said on the day the robbery happened that if the teen who was shot died — which he did, six days later — his alleged accomplice could be charged with murder because, while the duo was in the commission of a crime, one of them was critically hurt.

The robbery

Jakeem McMillian, 17, of Pompano Beach, was accused Dec. 13 of stealing jewelry from Treasure Coast Liquidators, 2319 N.W. Federal Highway in the Granada Plaza.

John Sidney Clark IV, of Lauderhill, was waiting for Jakeem in a stolen Jeep in the parking lot, Snyder said. The Jeep had been reported stolen earlier in December out of Broward County.

While the pair exited the parking lot onto Federal Highway, the store's owner, Dacey, shot through the back window of the car and hit Jakeem in the head, deputies said. The car crashed shortly afterward.

John was arrested Dec. 28 on three felony charges: third-degree grand theft, grand theft of a motor vehicle and leaving the scene of an accident involving personal injury. He also faces two misdemeanor charges of leaving the scene of an accident causing property damage and driving without a valid driver's license.

Before arriving in Jensen Beach that day, the teens were accused of attempting to steal items from a jewelry store in St. Lucie County. That incident occurred at Cash America Pawn in the 8400 block of South U.S. 1 in Port St. Lucie less than 45 minutes before the the Martin County incident.

The Martin County Sheriff's Office, Stuart Police Department and SWAT responded to the scene of a robbery Thursday, Dec. 13, 2018, at the Treasure Coast Liquidators jewelry store in the Granada Plaza in Jensen Beach. Martin County Sheriff William Snyder shared details of the crime, car crash and subsequent manhunt in a news conference following the capture of one of the suspects and hospitalization of the second suspect, who was in "extremely grave and life threatening" condition Thursday afternoon, according to Snyder.
The Martin County Sheriff's Office, Stuart Police Department and SWAT responded to the scene of a robbery Thursday, Dec. 13, 2018, at the Treasure Coast Liquidators jewelry store in the Granada Plaza in Jensen Beach. Martin County Sheriff William Snyder shared details of the crime, car crash and subsequent manhunt in a news conference following the capture of one of the suspects and hospitalization of the second suspect, who was in "extremely grave and life threatening" condition Thursday afternoon, according to Snyder. (Photo: LEAH VOSS/TCPALM)

Lawsuit filed

David Shiner, the attorney with Shiner Law Group in Boca Raton representing Jakeem's family, said the 17-year-old made a mistake that shouldn't have cost the boy his life.

"This was at most a petty theft and Mr. Dacey took the law into his own hands," Shiner said. "(Dacey) decided to shoot at a moving vehicle as it was exiting the parking lot."

The family filed a wrongful death lawsuit against Treasure Coast Liquidators late Friday afternoon in Martin County Circuit Court, demanding a jury trial.

Dacey "recklessly discharged a firearm into the parking lot and traffic in the direction of the vehicle in which Jakeem McMillian was a passenger when there was no imminent threat of physical harm to Mr. Dacey or any of defendants’ employees," according to the lawsuit.

The lawsuit claims Dacey used "unnecessary, unjustified, and excessive deadly force that was not warranted under the circumstances."

Shiner said Jakeem was born in Florida and was a role model to his younger siblings.

"I think, frankly, he might have made a mistake, but that bad mistake should not have been something that cost him his life," he said.

[gforester]

I knew the lawsuit was coming, was only a matter of time. I mean after all, Jakeem was a role model to his younger siblings so his untimely death cannot go unpunished. Shiner is nothing more than a money grubbing vulture that will likely play the race card to further his agenda. I wouldn't be surprised if Ben Crump were to join the legal team.

[Tenzing_Norgay]

Of course he was a role model...who else will teach them armed-robbery, car theft and the other necessities of life?

[patw]

It infuriates me when these piece of crap parents come out with this garbage. Your son was not taught how to be a man but only to be a thug and of course, she wants a payday for all of the hard work she invested in him.

[Tenzing_Norgay]

It infuriates me when these piece of crap parents come out with this garbage. Your son was not taught how to be a man but only to be a thug and of course, she wants a payday for all of the hard work she invested in him.

She doesn't want me on that jury.

[patw]

^^^^You ain't kiddin'.