DETROIT – In a video shown in court Tuesday, a Detroit gas station clerk can be seen fatally shooting a man in the head through the building’s locked glass door after an altercation.
Clerk Moad Mohamed Al-Gaham, 40, is charged with first-degree murder in the June 5 death of Anthony McNary, 25, at a gas station on Verner Highway at Clark Avenue. At around 3 a.m. that day, the two got involved in a verbal altercation inside the store when Al-Gaham confronted McNary for trying to steal.
Officials said McNary took a beef jerky product and put it in his pocket while inside the store. The clerk found and removed the product from McNary’s pockets, placed it back on the shelf, and forced McNary to leave the store.
Al-Gaham locked the entrance to the store, preventing McNary from coming back inside, officials said.
On Tuesday, July 11, video evidence was reviewed in court that showed the exchange between the men and how it escalated. You can see the footage in the video player above.
In the video, McNary can be seen loitering outside of the gas station after the doors had been locked. He approached the door at least one time, and tried to get back inside. It’s unclear why McNary wanted to reenter the store. Officials say he was unarmed.
At one point, Al-Gaham can be see walking up to the entrance doors from inside the store, with McNary just outside. Al-Gaham raised a gun up to the window, and shot McNary in the head, killing him.
Al-Gaham’s attorney said in court Tuesday that the clerk did not intend to shoot McNary, and that the shooting was not premeditated. According to the attorney, Al-Gaham raised the gun in an attempt to scare McNary off, and then it allegedly discharged on accident.
“Yes, judge, he shouldn’t have been pointing a gun to scare him, but this is what happens when guns are not used in a proper fashion,” the attorney said.
Judge Kenneth King said Tuesday that Al-Gaham chose not to call the police to deal with McNary, who was lingering outside the store. McNary was not a threat, the judge said.
The judge also said that Al-Gaham was safe inside the locked store, and could have handled the situation without resorting to using a weapon.
“The defendant was behind a locked door with a phone, a gun, and could have also gotten behind a bulletproof glass,” Judge King said. “He had many options that he could’ve taken, but he chose a different course of action.”
Al-Gaham has been charged with first-degree murder and a felony firearm violation. Separately, a $100 million lawsuit has been filed against ExxonMobil by McNary’s family, who claim the company should be responsible for their employees’ actions.