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No charges in fatal tavern shooting
The guard, identified Tuesday as Gregory Stewart, 30, opened fire in self-defense early May 7 inside J&K's Place after being assaulted with objects thrown by an unruly crowd, including a bottle thrown by Aaron Alston, 23 of Garfield, Zappala said during a news conference announcing his decision.
The first bullet struck and killed Alston. A second bullet hit bartender Janice Kemp, 63, who ran the bar.
Although Kemp, who died several days later, was an innocent bystander, Stewart cannot be charged with her death due to a 1998 state Supreme Court ruling in a similar case in Easton, Zappala said. Once someone begins shooting in self-defense, the court ruled, the shooter is not criminally liable for injuries to others nearby.
"That's the law of Pennsylvania, which we will follow," Zappala said.
Zappala made his announcement 30 minutes after his office filed with the court a report written by an investigating grand jury that looked into the deaths. The grand jury, after hearing from 18 witnesses, recommended that no charges be filed, based on the Supreme Court ruling.
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