Wounded Beer Thief Sues 7-Eleven

LAS VEGAS (CN) - After shooting a beer thief in the head from a foot away, a 7-Eleven clerk washed the blood off the cans and went back to work, the foiled thief claims in court.

Kallum Smith sued 7-Eleven, its franchisee KS Singh Inc. and the clerk, Mariano Tejeda Zuniga, on Aug. 21 in Clark County Court.

Smith acknowledges he was stealing a case of beer at 3:45 a.m. on Aug. 24, 2014. But he says it was "outrageous, intentional, despicable and malicious" for Tejeda to shoot him in the head from behind with a stolen .45 pistol, from 12 to 15 inches away.

As Smith's friends took him to a hospital emergency room, he says, Tejeda "retrieved the beer from among the blood, teeth and bone," then "put the beer in the sink to wash it off, presumably in order to restock the beer for future sale."

A hospital security guard notified police of the shooting, and they found the pistol under a stack of cups at the 7-Eleven, the Las Vegas Review Journal reported.

Tejeda denied shooting Smith, but police arrested him after watching the store's surveillance video. Tejeda was charged with attempted murder , battery with a deadly weapon and possession of stolen property.

Citing a police report, the Review Journal reported that officers "found a case of Modelo in the store sink stained with what looked like blood," that Tejeda did not call police but "continued helping customers after the shooting," and that "several customers even helped him pick up the beer."

Tejeda's pistol had been reported stolen in 2008. He told police he'd bought it for $400 from a "random man," and that a lot of people had been stealing beer from the store, at 2910 S. Maryland Parkway.

Tejeda is awaiting trial.

Smith seeks lost wages, medical expenses and punitive damages for battery, emotional distress, vicarious liability and negligence.

He is represented by Bruno Wolfenzon, with Wolfenzon Rolle, who was not immediately available for comment Monday. Seven-Eleven did not respond to a request for comment.

In news reports and the lawsuit, Tejeda Zuniga is referred to as Zuniga. However, in Latin American nomenclature, the "first last name," the patronymic, is what North Americans know as the last name. The "second last name," the matronymic, is used only on formal occasions.

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