LANCASTER, Pa. (WHTM) - Prosecutors say they don't expect to file charges in the shooting of a robbery suspect at Smithgall's Pharmacy last month because the facts show the shooter was a victim who faced the threat of imminent death.
Court documents have identified former Lancaster mayor and pharmacy owner Charlie Smithgall as the shooter.
Police say 24-year-old Brandon Galette and an unknown accomplice were looking for Oxycodone when they entered the pharmacy at 536 West Lemon Street on Oct 23.
Galette pointed a gun at a customer and a clerk, grabbed the customer by the neck, and threw her into display shelving. He then stormed past the main counter to a back room where he went back and forth putting the gun to the heads of Smithgall and other employees, according to the criminal complaint.
Smithgall pulled his own gun and fired a single shot when Galette pointed back. The two engaged in a violent struggle and Smithgall fired three more shots before Gallete took control of Smithgall's gun and fled, the complaint states.
Gallete dropped his own gun and left the store without it. Responding officers found him on the sidewalk in front of 319 North Pine Street, suffering from several gunshot wounds.
Galette was released from a hospital last week and charged with robbery, aggravated assault, theft, and other charges. He is in Lancaster County Prison on $1 million bail.
Smithgall was treated at a hospital for bruises and swelling to his forearms and body and cuts to his right hand.