Cameron Knight

cknight@enquirer.com

Hamilton County Prosecutor Joe Deters announced Thursday afternoon that the July 29 shooting of Anton Kirby by a convenience store clerk was "justified."

Jeremy Donohue, who struck the 18-year-old with four shots from a .380 revolver, will not face charges, Deter said.

Kirby, 18, entered Harrison Food Mart just after 11 p.m. on July 29 wearing blue latex gloves and wielding a handgun, according to official documents. He demanded that Donohue empty the cash register and Donohue complied, according to the prosecutor's office.

Kirby then ordered Donohue to the manager's office to empty the safe, which Donohue was not able to do. After Kirby led Donohue back to the counter, the clerk retrieved his handgun from his waistband and fired, Deters said. Donohue is a concealed carry permit holder in Hamilton County.

Kirby later died as a result of the shooting on Aug. 1.

"This behavior by Anton Kirby, at least in my mind, is totally out of character," Deters said at the press conference. "He comes from a good family. He's never been in trouble before. But for some reason he decided to go into this food mart and put a gun in the clerk's face. As I have said before and I want to be very clear, if you take a gun into a story in order to rob it, you have forfeited your right not to be shot."

The prosecutor's office released a series of surveillance images showing the progression of the shooting. Donohue appears to be facing the barrel of Kirby's weapon when he draws his own gun.

"I really truly feel sorry for his mother and father," Deters said. "I can't imagine the pain that they're going through and the confusion as to why their son did this."

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According to the prosecutor's office, Donohue moved Kirby's firearm from his reach after Kirby had fallen to the ground of the store. Donohue then tried call 911 and told Kirby he was calling an ambulance. Donohue also disabled Kirby's firearm.

Kirby exited the store and was found by police on the sidewalk in front of a neighboring business. He was transported to University of Cincinnati Medical Center where he later died.

Marilyn Copenhaver Britten, Kirby's mother, said she is meeting with Deters and other members of his staff Thursday afternoon.

"I don't know how he said it was justified when somebody shoots somebody four times in the face. I don't understand that. Nothing's that justified," Britten told The Enquirer. "He was wrong, but no, you don't have to do no child like that."

She said she doesn't understand why her son, a former running back on the varsity football team at Western Hills High School, would attempt a robbery.

"He is home every day, he runs, he works out faithfully, he works, he's at the Y, he's here, he's right there watching those teenage movies and playing Beatbox Battle TV," Britten said.

Deters said he doesn't understand it either.

"It's inexplicable. I don't understand how a kid of this type with no record with, by all accounts, wonderful parents does something this utterly stupid, but he did. And he lost his life because of it, and it was justified," he said.

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