D.A. Won’t File Charges in Fatal Shooting

Calling the shooting legal, prosecutors declined to file charges Friday against a North Hollywood market clerk who shot and killed a man who stole beer.

Eeli Jabiel Ismael, a 23-year-old Glendale man, was struggling with one of the alleged thieves when his gun discharged, sending a bullet into the man’s neck, which severed his spinal cord, causing instant death, authorities said.

“It’s a tragedy this had to occur,” said Deputy Dist. Atty. Robert L. Cohen, who reviewed the case.

Killed in the March 25 incident at B.V. Food Mart in the 11000 block of Burbank Boulevard was Mariano Chaidez, a 23-year-old North Hollywood man who police said was on parole.

Chaidez and a 17-year-old entered the market about 10:45 p.m. They each selected an 18-can carton of Budweiser, authorities said. When it appeared they were not going to pay for the merchandise, Ismael confronted them and demanded money.

The juvenile allegedly threw his box of beer at Ismael, striking the clerk in the face, according to Los Angeles Police Detective Gil Uribe. Chaidez, still carrying an 18-pack of beer, and his brother then left the store.

Armed with a handgun, Ismael went outside the store and confronted the brothers, who were accompanied by three friends. When verbal threats were made, according to Uribe, Ismael fired a warning shot into the air, causing the men to scatter.

Ismael gave chase, firing another warning shot that inadvertently struck the 17-year-old in the lower back. The youth suffered minor injuries, Uribe said.

Ismael eventually caught up to Chaidez, who also threw a carton of beer at the clerk and then attempted to wrestle the gun away. The gun went off during that struggle.

The juvenile, whose name was withheld because of his name, has been charged with robbery.