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Jeweler Who Shot Teen in Head After Robbery Won’t Be Charged, Attorney General Says

But a wrongful death lawsuit has been filed.

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Florida’s attorney general says no charges will be filed against a jeweler who shot a teenager in the head following a robbery.

Michael Dacey, owner of the Treasure Coast Liquidators store in Jensen Beach, FL, fired at 17-year-old Jakeem McMillan as the youth fled in an automobile, according to an article by Treasure Coast Newspapers. McMillan later died of his injuries.

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Assistant State Attorney David Lustgarten was quoted saying, “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.”

Florida’s statute on the matter allows for force to be used during the aftermath of a robbery if the entire incident is a “continuous series of acts or events,” Lustgarten. This situation qualified, he said, as it all happened within a matter of seconds.

McMillan allegedly entered the store and tried on some rings. He ran out of the store with $800 of merchandise and got into a Jeep, police say.

As the Jeep drove away, Dacey shot at the vehicle, authorities said. The vehicle then struck a truck.

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It’s alleged that John Clark, 16, was the getaway driver. He was charged on Dec. 28 with several crimes, including third-degree grand theft and grand theft of a motor vehicle.

Authorities originally said that if McMillan died, Clark, as his accomplice, could be charged with murder. Lustgarten now says Clark probably will not face that charge, but he would not elaborate on why, according to Treasure Coast Newspapers.

Jakeem’s family has filed a wrongful death lawsuit against Treasure Coast Liquidators in Martin County Circuit Court.

Read more at the Treasure Coast Newspapers

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