No charges in Kroger shooting

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The Kroger employee who shot and killed a robbery suspect last month will not face any charges, the Marion County prosecutor said Wednesday.

Prosecutor Terry Curry says he's reviewed the case involving Elijah Elliott and has determined there is no basis for any charges to be filed against him.

Kroger says it's still reviewing the case and hasn't made a decision about disciplinary action against Elliott. The company released this statement Wednesday:

"Kroger expresses our appreciation to the Indianapolis Metropolitan Police Department, Marion County Prosecutor's office and the community for its support during the past ten days. This has been a very stressful time for our Kroger family. The company has an ongoing internal review. There is no specific timeline for the completion of our review and we have no further comment at this time."

Witnesses say that on Dec. 26 at around 6:00 pm, Jeremy Atkinson walked into the Kroger on West 71st Street. He's seen on surveillance video wearing a gray hoodie with his right hand tucked into his pocket.

According to witnesses and surveillance footage, Atkinson walked up behind an unarmed security guard and stuck an object in her back, ordering her into the back office. As the two walked towards the office, a second Kroger employee was leaving the office and saw Atkinson holding the security guard in a headlock. Atkinson was wearing a mask.

The second employee told police that Atkinson grabbed her a choke hold and had her up against a wall. That employee yelled for Elliott. When Elliott responded, Atkinson let go of the woman and charged at Elliott, who shot Atkinson.

The Marion County prosecutor says under Indiana law, the shooting was justified to prevent the commission of a forcible felony (robbery and criminal confinement) and based upon Indiana law pertaining to self-defense and defense of others.

At the time of the attempted robbery offense, Jeremy Atkinson had an outstanding warrant out of Marion Criminal Court 1. In that case, Atkinson was charged with Robbery, as a Class B felony, as well as multiple counts of criminal confinement. He received a six-year executed sentence on that case and had been released to community corrections. He violated community corrections, and on February 24, 2011 a warrant was issued for his arrest. That warrant was outstanding at the time of this incident.