PRESS RELEASE, 8/11/2016

Hamilton County Prosecutor Joseph T. Deters announces no charges in July 29th shooting of Anton Kirby

Today, Hamilton County Prosecutor Joseph T. Deters announced that no charges would be filed against Jeremy Donohue, the store clerk who shot and killed armed robber Anton Kirby (DOB 6/18/98) on July 29th at the Harrison Food Mart located at 4150 Harrison Avenue.

Kirby, wearing blue latex gloves, a hoodie and face covering that partially concealed his face, entered the Harrison Food Mart at approximately 10:45 p.m. armed with a loaded Semi-Automatic .380 handgun.  He immediately pointed his gun at store clerk Donohue and demanded that Donohue give him all of the money from the cash register.  Donohue complied and gave him money from the cash register.

Kirby then directed Donohue to the manager’s office with his pistol in Donohue’s back.  Kirby wanted Donohue to open the safe which Donohue was unable to do.  Kirby then forced Donohue back to the front counter where he ordered Donohue to put sealed merchandise into his backpack.

Donohue is a Conceal Carry Permit Holder through Hamilton County.  He was carrying his Taurus .380 revolver in his front left waistband and was able to draw his weapon once he was back behind the front counter and Kirby momentarily looked away from Donohue.  Donohue fired 4 shots.  All 4 shots struck Kirby.

Kirby fell to the floor after being shot.  Donohue then moved around the counter to grab Kirby’s firearm and move the gun out of Kirby’s reach.  Donohue tried to place a call to 911 and repeatedly told Kirby he was calling an ambulance.

Despite being shot, Kirby ran out of the store.  He collapsed on the sidewalk in front of a neighboring business where police found him after responding to a 911 call from a witness who heard gunshots.  Kirby was transported to University of Cincinnati Hospital where he died on August 1st.

After Kirby fled the store, Donohue emptied the ammunition out of Kirby’s gun rendering it inoperable.  Kirby’s gun and ammunition were found in the store.

Prosecutor Deters commented, “This seems to be totally out of character for this young man but the actions of the store clerk were justified.”