Is shooting a thief always justified?

In this fifth part (see part one, two, three and four) of a series, rediff India Abroad discusses a different side of its analysis of the growing gun culture among Indian Americans.

Is shooting a thief always justified? The laws are different in each state.

The case of Sarbinder Pannu fromn Jackson, Mississippi attracted national attention.

"Killing a person for stealing a case of beer is not justified by any law or common sense. Though one has a right to protect his property, it does not mean that he can shoot a shoplifter who is not an imminent threat to him," says Dennis Sweet, a Jackson attorney.

His comment results from the controversial shooting death of James Hawthorne Jr by 31-year-old shop clerk Sarbinder Pannu in August last year.

Hawthorne, who arrived at the J&S Food Mart on Medgar Evers Boulevard, Jackson in an SUV August 17 last year, took away a case of beer without paying. Pannu, a clerk at the shop, followed him and shot him.

"He was inside the vehicle and was leaving. He was no threat to him. But Pannu shot him four times killing him. There is no justification for that," says Sweet, who is representing 36-year-old Hawthorne's two surviving children in a civil suit.

"Pannu could have noted down the number of the vehicle and called the police. If somebody forgot to pay inadvertently, will people shoot him?" he asks.

The case has attracted national attention because Mississippi had passed the Castle Doctrine laws five years ago allowing citizens to use deadly force to protect themselves or their property when under threat of a violent attack.

A week after Hawthorne's death, a clerk at another Jackson convenience store fatally shot Terrence Prior, 23, who tried to rob him. He was let go without charges.

The police said Prior was armed, while Hawthorne was not. The second clerk is not an Indian and his name was not revealed.

Twenty three states have laws based on the Castle Doctrine, promoted by the gun rights advocates. They claim it removes an unfair legal penalty for people exercising a constitutional right in a life-or-death emergency.

Surinder Singh, president, Jackson Indian Storeowners Association, says Mississippi's laws give you the right to protect your property. 'For them, it's a case of beer. For us, it's our property. That person didn't have respect for his life. He put his life against one case of beer,' Singh told the local media after the incident.

In the second case the robber had a clown mask. The second clerk was justified because he felt a clear and present danger, the police said. 'After the alleged robbery occurred, the suspect pointed a weapon as he was walking out, like he was saying, 'Don't follow me, or I'm going to kill you. He didn't just take the money and leave. That's when the clerk felt threatened,' a spokesperson of the police said. Prior also shot at the clerk as the clerk was chasing him.

Across the country cases based on the Castle Doctrine are increasing, according to a report by the National District Attorneys Association.

Pannu is currently free on a $50,000 bond and has returned to work at the store. But the incident created much tension between the Indian shop owners and the local community, mostly African Americans.

Protests followed the shooting because some felt the shooting was racially motivated. Protesters included Hawthorne's father, James Hawthorne Sr. Community activist and radio personality David Archie, who led the protests, says Indian shop owners had no respect for their customers.

He also accused the Indians of establishing businesses in Jackson, but not investing in the city. 'They're coming here setting up business and sucking our community dry and not putting anything back. They are living in [suburbs like] Madison and Ridgeland and other places where they feel safe. But they're doing business here every day,' says Archie.