A Lincoln woman arrested Friday for shooting a man at a convenience store last month won't be prosecuted for it.

"We have no-charged the matter at this time," Lancaster County Attorney Pat Condon said Tuesday when asked about the decision not to charge Shelby J. Jones.

Condon did not elaborate on why. But police reported Tilian J. Tilian, 22, was arrested on a robbery warrant stemming from the incident at 7 a.m. Wednesday.

In that case, filed Friday, Lincoln Police Sgt. J. Armstrong said Tilian came into the Kwik Shop at 56th and Holdrege streets Aug. 1 at about 1:30 a.m., picking up two bottles of alcohol and trying to leave without paying.

When an employee confronted him near the door, the two got into a brief struggle, during which Tilian allegedly told the clerk to let him go or he would hurt her.

Armstrong said Tilian broke free from the clerk's grasp still holding one of the $19.99 bottles and lunged toward the door.

In court records, police said during the scuffle, Jones, a convenience store customer, had drawn her firearm on Tilian and stood between him and the exit.

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The store clerk heard Jones say something like "Stop or I'll shoot."

When Tilian ran past her and out of the store, Jones shot him in the back of the arm, missing the clerk, who had also left the store, Armstrong said.

Jones didn't return a message seeking comment Tuesday.

Friday, in announcing her arrest, police said after watching surveillance video from the store, collecting evidence and interviewing witnesses, they determined that she should not have used the gun against an unarmed man running from a store with a bottle of whiskey.

Nebraska law (28-1410 and 28-1411) allows for the use of deadly force to protect oneself, another or one's property against someone committing a robbery who has used or threatened deadly force.

The allegations against Tilian would have amounted only to shoplifting but for his alleged use of force against the clerk, which elevated it to a robbery under state statute.

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Reach the writer at 402-473-7237 or lpilger@journalstar.com.

On Twitter @LJSpilger.


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