LUNENBURG – Lunenburg County Commonwealth’s Attorney Robert Clement announced today that he and the Multi-Jurisdiction Grand Jury have agreed that the store clerk at the Little B Convenience Store in Victoria will not be prosecuted for the fatal shooting of an armed robber.

Clement said he called the jury, which consists of citizens from the counties of Campbell, Charlotte, Halifax, Lunenburg, Mecklenburg and Pittsylvania, to meet on September 11, 2017 at Lunenburg Courthouse, to allow citizens to be a part of the process in determining whether charges should be placed.

Clement said he submitted all of the evidence from the state investigation of the incident that occurred on the night of June 15, 2017. He also submitted to the jury instructions for the four different degrees of homicide and the instructions for self-defense.

After hearing the sworn testimony of six eyewitnesses, the investigating state police agent, a Victoria police officer, and the store clerk himself, and after viewing the videos that had been obtained from the store’s surveillance system and from a neighboring restaurant, the Multi-Jurisdiction Grand Jury after due deliberation returned its finding that the clerk of the store acted in self defense and that the killing was justified, and that the store clerk should not be indicted for any crime, said Clement.

Clement said he would not release the name of the store clerk for safety reasons for the clerk. The deceased robber, Milton Terrell Gaithers, age 35, had known affiliation with the “Fifth Ward Gang” out of Petersburg according to State Agent Dawn Leslie, said Clement, and had an extensive criminal record of six felonies, including Drug Distribution Near School Property, Burglary, Grand Larceny, Auto Larceny, Probation Violations, and misdemeanor assaults. He served a three-and-a-half-year prison sentence in 2004 and a year-and-a-half in 2015, as well as briefer jail sentences in between.

Clement said one eyewitness was in the store as a customer right at the counter when Gaither came in wearing a black hoodie pulled up over his head and a black mask. The clerk and the witness testified that Gaither stuck the handgun to the clerk’s face, hitting him with the muzzle of the gun in the forehead, causing the clerk to step back.

The videos clearly showed every move by Gaither from three different camera angles, confirming that Gaither was acting aggressively.

The clerk gave him the money from the register, then Gaither demanded the change. He appeared to step away, but then came back and demanded the money from the lottery register. After getting that in the bag, Gaither walked away toward the front door, but then came back again and demanded Newport cigarettes. After grabbing those, he left out the front door.

The clerk said he feared that the robber might return once again, so he grabbed a .380 handgun at the register and went to the front door, hoping to see which way the robber went so he could tell the police. He had also told his cousin with whom he had been on the phone before the robbery to call 911.

When he pushed open the front door, he was shocked to see the robber still in the parking lot about 15 to 20 feet away, picking up money he had dropped. The clerk shot upward into the air as a warning shot which is clearly seen in the video. The clerk said the defendant looked back at him and pointed the gun over his shoulder and fired at him. The clerk said he then fired back about four or five times as Gaither ran away.

Gaither ran across the rest of the parking lot, across Main Street, and down to Sixth Street in front of the Nazarene Church where he fell to the ground.

Sgt. Daniel Medlin of the Victoria Police Department said he took Gaither’s gun, which was in the street to his side, checked it, and found that one bullet had been discharged. It was in the position in the cylinder of the revolver to have been fired and moved to the next round.

One witness said she and her husband were in their car in front of Little B when they heard the shots. They turned around and found Gaither lying in the street. The woman said his gun was in his hand, and she kicked it aside and tried to assist Gaither.

One older male witness said he was coming down the street at the time of the shooting and saw Gaither actually shoot his gun toward the Little B store, and then heard other shots.

The autopsy was conducted, and the preliminary determination is that Gaither had been struck in the back by a bullet which is what killed him. He also had a second bullet wound to the buttocks which did not completely penetrate the flesh and actually fell out when he was turned over.

Clement said he appreciated the cooperation of the witnesses, including the store clerk, who was represented by Robert Hawthorne, Jr. and his associate, Brittany Dean, who were allowed by law to sit in for the testimony of their client, but were not allowed to speak up or participate other than to advise their client if necessary.