Macy ruled that Toan Ho, the owner of Kimie's Store, 3640 SW 38, was justified in shooting Richard Lee Stapp Jr., 24, during a Jan. 19 robbery.

Ho and Hanh Hoang, an employee, were working behind the store counter when Stapp, armed with a gun and covering his face with a jacket, entered the business, Macy said.

Ho reached into a compartment underneath the cash register and grabbed a loaded 9 mm handgun. Stapp continued to advance toward Ho and Hoang, demanding all the money from the store, the prosecutor said.

The owner fired once at Stapp. As Stapp ran from the store, Ho set off the silent hold- up alarm and telephoned 911.

Ho found a handgun on the floor, Macy said.

Stapp was found by police lying face down in the street, just north of the convenience store. Parked in front of the store was a car owned by Stapp's girlfriend, Macy said. A magazine loaded with seven bullets was found in the car.

"It is clear from the evidence and the facts presented that Toan Ho and Hanh Hoang were in fear for their lives," Macy said. "Use of deadly force by a citizen is legal under the laws of the state of Oklahoma when it is necessary to protect yourself from serious bodily injury or death."

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