DETROIT (WXYZ) — A gas station clerk is facing an attempted murder charge in connection to a shooting on Detroit's west side.
It happened around 4 a.m. on Jan. 13 at the Marathon on Plymouth Road and Schafer Highway. 7 Action News obtained video of the incident from the attorney of the man who was shot.
Tyray Parker says he stopped at the gas station for a late-night snack. He says a group of guys were inside making trouble when things escalated.
According to Parker, the clerk shot at the men because they ran out with bags of potato chips and honey buns.
"Even when I sleep sometimes, I see his face," Parker said. "It's just the barrel of the gun."
Parker says he use to come to the specific Marathon all the time. He knew the clerk by face, but not by name.
"Never had an argument," Parker said. "Never had issues with the guy or any problems."
On the night of Jan. 13, Parker stopped by with a friend for snacks around 4 a.m.
Surveillance video shows him walking in while the clerk is talking to the group of guys.
"They decided they are going to steal and they turned to me and said, 'Do you want something out of here, bro?'" Parker said. "No. I don't know these guys, never seen these guys. They start snatching chips and a couple of honey buns."
Not long after, the video shows the clerk cock a gun. He ran out from behind the counter pointing his gun and shooting at the men.
They got away, the video shows. And eventually, Parker leaves the store only to realize he was shot in the leg.
"I am telling him like, 'Dude, you shot me, call 911.' And he said, 'No, no take whatever you want. Get chips, whatever you need.' Basically (said), get up out of here, take this and get up out of here," Parker said.
Parker says the clerk essentially tried bribing to him leave. He says he refused to and waited for Detroit police to get on the scene.
Police arrested 24-year-old Ishaq Almaisari.
They then searched Parker, according to the video, before tending to his wound.
Parker says he even offered to pay the clerk for the stolen goods.
He says when all was said and done, he actually has sympathy for Almaisari, who is now facing an attempted murder charge.
"He was scared. You got four dudes in here. It's late, he doesn't know. No one had a weapon, but you know, people be scared. You never know what can happen," Parker said.
Parker's attorney Gary Safir worries the attempted murder charge won't stick.
Both feel like Almaisari didn't intend to kill anyone. They see his actions as reckless and wrong but not worthy of the charge.
"If there is any reasonable doubt, then he doesn't get charged," Safir with the Scott Goodwin Law Firm said.
He thinks Almaisari should be charged with recklessly discharging a firearm in a building instead.
Parker still has bullet fragments in his leg and doctors say he could have died, but he's staying positive.
"I was angry, real angry about it, and I just want to let the anger go," Parker said.
Safir says there's a larger issue at play here.
"'It's my understanding that the gun that was in the gas station was placed there by ownership," Safir said.
We spoke to the gas station's manager and he confirmed there was a gun inside the store at one point, but it is now in custody of police.
He would not comment on any other details.
"We need to hold the people responsible accountable, even if it is because of a failure to train or a failure to supervise, or even having the gun there in the first place," Safir said.
According to a subpoena, Almaisari is due in court on Feb. 7 for a preliminary hearing.
