The Michigan Court of Appeals has dismissed a manslaughter charge against a Detroit gas station attendant who the door locked before an angry customer shot three bystanders, killing one.
Prosecutors have argued that clerk Al-Hassan Aiyash’s actions make him criminally liable. But the appeals court said a charge of involuntary manslaughter is not appropriate.
It was “not reasonably foreseeable” that the customer, Samuel McCraywould pull out a gun and start shooting, the court said on Wednesday.
Aiyash was working behind protective glass at 3 a.m. when McCray’s botched attempt to make a $3.80 electronic purchase in May 2023 turned violent.
Video footage showed McCray repeatedly swearing and insisting he would leave the gas station with the items. Three more people entered before Aiyash pressed a button to lock the door, trapping the four inside.
The door was finally unlocked. But before anyone could leave, one person was fatally shot and two others were injured.
Prosecutors seeking to keep the case on track cited a landmark 2023 legal precedent that paved the way for charges against parents of Michigan school shooter Ethan CrumbleyAuthorities said their son’s actions were foreseeable.
However, the Court of Appeal ruled that the Crumbley case is not a party.
“Holding a suspect criminally liable for the intentional misconduct of a third party remains the exception, not the rule,” the court said in a 3-0 ruling.
McCray is due to stand trial in October on murder and attempted murder charges.
