This guy also had a gun and threatened them with it. So Tolbert and Tolliver decided to run.
And as their pursuer fired at them, they fired back over their shoulders.
Tolbert fired 10 rounds; his friend fired nine. Unfortunately, there were also a lot of other people downtown. And during the course of that six-second gunbattle – six bystanders were shot by Tolbert and Tolliver. A woman in a wheelchair was shot three times in the abdomen. She went through 15 surgeries and now wears a colostomy bag. A 9-year-old walking with his family had his femur fractured. And Tanya Jackson, age 50, who had been crossing Third Avenue, collapsed outside the McDonald’s, and died from a gunshot wound.
And yesterday, the jury decided that, because Tolbert was firing in self-defense, he was not criminally responsible for the death of the woman crossing the street, or any of the other injuries.
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