(KY) Food Mart owner indicted in October shooting death of robber

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Drizzt

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Shelby Food Mart owner indicted in October shooting death of robber

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By Megan Woolhouse
[email protected]
The Courier-Journal



After a string of robberies at his Shelby Food Mart, Firas Al Kurdi kept a gun under the cashier's counter.

Last October, the store owner used it, fatally shooting James Abdul-Shajee as Abdul-Shajee, armed with a knife, robbed the business.

Yesterday a Jefferson County grand jury indicted the Jordanianborn Al Kurdi on one count of murder.

Prosecutor Rob Bonar said the case was presented to the grand jury because witnesses inside and outside the store on South Shelby Street offered different versions of events. Some people inside the store said they saw the robbery, Bonar said, while others outside said they saw Al Kurdi beat the robber with a metal pole in front of the store.

Bonar said Abdul-Shajee was shot three times -- once in the back. Police at the time said all the shots were fired inside the store. Bonar would not elaborate on that yesterday.

''At one point this event was a robbery, and at some point it turned into something else,'' Bonar said.

Abdul-Shajee, 33, was charged posthumously with first-degree robbery.

Armand Judah, Al Kurdi's lawyer, did not return telephone calls yesterday. But he said in an interview shortly after the incident that his client acted in self-defense.

He said Abdul-Shajee nearly cut off Al Kurdi's nose with a knife during the robbery, causing injuries that required several plastic surgery operations.

At the time, police described the Oct. 12 incident as a ''robbery gone bad.'' They said Abdul-Shajee was leaving the store when he was shot.

Responding officers found Abdul-Shajee in front of the store.

Spectators flocked to the scene as police investigated. One witness told a reporter that a store employee beat Abdul-Shajee with a gun and a metal pole outside the store after the shooting.

Abdul-Shajee was pronounced dead at University Hospital the same day. The Jefferson County coroner's office determined that the cause of death was multiple gunshot wounds and head trauma resulting in skull fractures, Bonar said.

Both Al Kurdi, who is now 35, and Abdul-Shajee had been accused of violent behavior previously.

Al Kurdi faced charges of terroristic threatening and menacing earlier last year. According to a criminal complaint filed by Fayeq Salaimeh, Al Kurdi's landlord, Al Kurdi threatened to ''slice him to pieces'' with a butcher knife he was carrying.

The charges were dismissed, according to Debbie Linnig Michals, a spokeswoman for the Jefferson County Circuit Court Clerk's office.

Al Kurdi was ordered to have no contact with Salaimeh, and Salaimeh was ordered to give 48 hours' notice before an inspection.

At the time of the robbery, AbdulShajee had a half-dozen convictions for armed robbery -- including a 1994 holdup of the Star of Louisville dinner boat.

Abdul-Shajee was 19 when he tried to rob Brother's Pawn Shop on Market Street with a sawed-off shotgun in 1988. At that time, he was known as James Johnson.

During the robbery, he briefly took a store visitor hostage, holding the shotgun to his head. He was eventually captured, and Abdul-Shajee confessed to two other convenience store armed robberies, according to court records.

He was sentenced to 15 years in prison on three counts of first-degree robbery, two counts of wanton endangerment and one count of kidnapping. He served six years before he was paroled in 1994, court records show.

Less than six months later, he was arrested on three more charges of armed robbery, including the Star of Louisville incident. A bartender on the dinner boat recognized AbdulShajee as the dishwasher at a nearby cafe, and he was arrested.

Abdul-Shajee entered an Alford plea in the cases -- a guilty plea that allows a defendant to maintain his innocence while acknowledging that there was sufficient evidence for a conviction. A judge sentenced him to 15 years in prison and revoked his probation.

In the fall of 2001, he was granted parole.

His wife, Sharon Knox Shajee, told a reporter earlier this year that he took a job at Swift Co., a meat-packing plant, when he was released from prison. The couple were also expecting their first child.

She said he had hoped for a fresh start but was devastated last fall when his brother, Marshall Marbly, was fatally shot in a standoff with police. Marbly, who was mentally ill, drew what appeared to be a rifle during the incident, but the weapon was later found to be a BB gun.

Shajee could not be reached yesterday. But earlier this year she said her husband felt grateful to be out of prison and with his family.

''He didn't deserve to die that way,'' she said.

http://www.courier-journal.com/localnews/2003/03/27/ke032703s387903.htm
 
so grateful to be out of prison that he goes and commits another robbery??

i'd bet a shiny nickel that if Al Kurdi had fairer skin and the last name 'johnson' there would be no charges filed against him at all.
 
This CANNOT happen! This story is a complete fabrication. Why just the other day I was reading on the Errornet that no one, absolutely NO ONE, gets in trouble in using a firearm in self-defense and then gets whacked with criminal charges. Problem #2 is complete fiction. It exists only in the mind of such smarty pants, such as El Tejon, who has to deal with it daily.

Yep, I've never seen it, so it must not happen! Good thing such a thing could only happen in Massachusetts where this story is from.
 
Hmm, are you referring to this thread:

http://www.thehighroad.org/showthread.php?s=&threadid=16074

If there was another recent one, I missed it.


The problem here is:

1. The dead guy had head trauma. There is a legitimate question as to how this happened.

2. The "shooter" has a history of anger management issues.

Add #1 and #2 and you have a legitimate question as to whether the perp died as a result of lawful self defense, or as the result of someone becoming angry and taking their frustration our on his noggin.

You might say #3 is the bullet in his back, but there are circumstances where that can be explained as being reasonable.


I will not have this problem - I do not go around threatening people and screaming at them in public (thank God nobody is protesting the war at my work site, this could possibly change).

There are enough questions here to warrant a trial, I see no problem.

Certainly I am not troubled by the loss of a criminal to society, what is troubling and what needs to be addressed is the state of mind of the person who dispatched him.
 
Was the guy in fear for his life? The cut to his nose says yes. So, the shooting initial looks good.

What seems to be going against him is that a store employee (possibly not the defendant mind you) went after the suspect after he was down (that's where the head trauma came from); one was in the back (never heard of someone spinning while being shot, apparently); and the defendant's past history of "bad acts."
 
There are no laws that stipulate that shooting somebody in the back is illegal. Either you had the right to use lethal force or you did not and if you did, then the location of the wound is not relevant.

From the sounds of things, the wife of the dead guy did not deserve to die that way. As criminal scum, it should have been something much less civilized and a lot more painful.

My guess and hope is that the charge of murder will be lessened to manslaughter as it was not any sort of premeditated event. Following the bad guy out of the store and beating him can probably be seen as no longer being a self defense act.

So the bad guy was charged post-mortem with his own death since the death occurred during the commission of a crime. Is that right? What does that mean if he gets sentenced to life?
 
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