I am saying in my scenario perp a & b get shot at by the employee and employee hits C that is just someone getting a coffee. Would be tragic and we don’t want everyone just slinging lead but I still believe any and all charges should fall on A & B not the clerk.They would be. At least in IN.
I know if perps A and B try to rob a store and store owner shoots A and B; A dies on scene and B runs away and seeks medical treatment. B would be arrested for robbery of the store and a form of homicide for A.
I cant imagine that if in the same scenario, A and B are both injured and a customer was killed in the crossfire that the robbers wouldnt be charged in the death of the customer, not the clerk that actually shot her.