It was New Years Eve.

A group of young adults walked into the convenience store to get some munchies.

They were intoxicated.

They were drunk.

They were stupid.

They walked around the store. 

They picked out their items.

One genius of a young man, visibly intoxicated, selected a beer and some other things.

He puts his selections on the checkout counter.

He then grabs the beer.

He then shakes the beer.


He then holds the can close to the convenience store clerk's face and proceeds to pop the top of the can.

The result is beer spraying all over the clerk's face.

Not smart.

Stupid, in fact.

The clerk didn't appreciate it.

The clerk reached below the counter, grabbed a loaded 9mm pistol.

He brought it up to the young man's face and calmly pulled the trigger once.

The stupidly intoxicated young man dropped to the ground.




His head exploded on contact with the bullet.

Grocery store clerk was convicted of murder in the second degree (at least that's what I remember, as it was many years ago). Sentenced to at least 7 years in prison.

Family then tried to sue the convenience store owner and the clerk for killing their son.

As a young attorney who presented testimony and evidence to the court on this case, I had to watch the store surveillance video that captured the entire scene. It was gut-wrenching. It was awful to watch.

I asked the court to watch it as well.

Everyone in the courtroom was shocked when they saw it.

Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer