Smith, 17, is accused of robbing Tyler of his gun inside the BP station and fatally shooting him about 8:15 p.m. on Nov. 25. Tyler, 48, had a concealed-carry permit but had been wearing the gun in a holster, plainly visible. According to court documents, Smith grabbed the gun from Tyler during a struggle inside the store and shot Tyler in the chest after the victim chased Smith.
"Tyler, a customer at the BP station, was killed about 8:15 p.m. Friday, Nov. 25, inside the store. According to court papers, Smith and Hamiel arrived at the BP together on a single scooter and followed Tyler into the store.
Tyler, 48, had a concealed-carry permit, but his handgun was plainly visible that night in his holster, Johnson said.
"The suspects walk in and one immediately reached for Mr. Tyler's gun,"
Johnson said. Tyler did not draw his weapon.
According to court papers, Smith took Tyler's gun during a struggle and shot Tyler in the chest after the victim chased Smith inside the store
. Authorities said they could not confirm that Tyler was killed with his own gun until they get the results of forensics testing. They also are awaiting test results to show whether the gun used to kill Tyler was the one used to shoot Cosby."
So yes he was OC and they did snatch his gun unawares. He chased to get the gun back and was shot dead.