re: So the employee that shot the robber is in custody

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Well the problem with that is that you are waiting for the thug to use deadly force, at which time it’s too late. If thug is bashing a case violently then how do you know he isn’t fixing to use deadly force? You don’t, therefore it’s appropriate self defense to take action.

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Sure, take action. Employee could have drawn and ordered the guy to leave. Once held at gunpoint and refusing to leave, thief’s next move could then affect the justification of actually shooting. Drawing and immediately shooting because the thief was trying, and hadn’t actually yet succeeded (if that matters), in stealing anything seems a little problematic. While testing the limits of this scenario, what would you say about a thief walking into a store and smashing a gum ball dispenser on the ground trying to steal a gum ball? Should an employee be justified in shooting that thief for trying to steal a gum ball? Does the dollar value of the merchandise or the nature of the container being smashed make a difference?