CHARLOTTE, N.C.–– An elderly man who was tied up and robbed in his own home by four teens may face charges after police say he chased the suspects down and shot one of them to death.

Charlotte-Mecklenburg police said Marcus Antonio Steven Fluker, 15, died after being shot by the home invasion victim.

Family members identified the home invasion victim as C.L. McClure, 77.

McClure’s sister, Betty Carter, lives next door to him on Grier Road in northeast Charlotte. She said she came home Saturday afternoon and found police cars surrounding her brother’s house.

“I was just so upset, I didn't know what to think at that moment,” said Carter.

McClure’s son, who lives next door to Carter, said the four teenage boys broke into McClure’s home and tied up his father.

Larry McClure said his father broke free because he was worried about his wife, who was upstairs.

By the time he was free, the suspects had run away, said Larry McClure.

But police say what McClure did next could lead to charges against him.

Police say McClure chased the teens down with his car, and confronted them at a nearby apartment complex on Ginger Lane.

Fluker was shot during the confrontation and died at the hospital.

The three other teens are charged with 2nd degree burglary, robbery with a dangerous weapon, and conspiracy to commit robbery.

Police identified them as Joseph Graves, 17; Matthew Everett Morgan, 17; and Tahjaue Wiley, 18.

Graves and Morgan have been arrested before in Mecklenburg County.

Police will forward the results of their investigation to the District Attorney’s office, to determine if McClure will face homicide charges for Fluker’s death.

North Carolina law allows a homeowner to defend himself against an intruder who is breaking into his home, but not necessarily one who is running away, defense attorney George Laughrun told Newschannel 36.

Since the confrontation between the elder McClure and Fluker happened after they left McClure’s property, other factors will determine whether McClure is charged.

The most prominent factor is whether McClure faced a threat of imminent death or serious bodily injury, said Laughrun.

If the teen was pulling out a gun or preparing to fire when McClure shot him, the shooting could be ruled as self-defense.

Police said at least one of the teens possessed a gun when they allegedly broke into McClure’s home, but don’t say whether they possessed the gun during the confrontation or pointed it at McClure.

Larry McClure defends his father’s actions.

“That was a bold thing to chase behind them, I guess,” said Larry McClure, “but he's 77 years old –– you shouldn’t do people like that.”

No charges in teen's death after robbery
DA: Man who gave chase after home invasion fired gun in self-defense.

Mecklenburg District Attorney Peter Gilchrist said Friday he won't charge 76-year-old C.L. McClure in the shooting death of a 15-year-old who police said was part of a home invasion robbery at McClure's northeast Charlotte house.

Gilchrist told the Observer there was insufficient evidence to refute McClure's assertion that he was acting in self-defense Aug. 22 when he shot and killed Marcus Fluker.

"It appears from all the credible evidence that Mr. McClure feared for his life," Gilchrist said in a statement.

McClure told police and prosecutors that after the midday home invasion at his Grier Road house he jumped into his van and drove to a nearby street where he thought the robbers were headed on foot.

He said he intended to shoot out the tires of their getaway car to slow them for police. He found no car, McClure told police, but spotted the group running toward his van from a wooded area.

As they approached, McClure said, he feared Fluker might use an automatic weapon McClure had seen one youth holding during the robbery. McClure then fired his .22-caliber gun from the passenger window, hitting Fluker. Police found the teen dead not far away on Ginger Lane, though they found no gun nearby.

The death highlighted issues around the rights of homeowners to protect themselves and the limits of those rights outside the home.

When a homeowner shoots an intruder, N.C. law allows prosecutors to rule it justified. But McClure drove after the robbers, plunging the case into a gray area, legal experts told the Observer.

"We make decisions based on the facts and not community opinion," Gilchrist told the Observer.

In the statement, Gilchrist said: "His idea to find the vehicle and try to delay the escape of those who invaded his home did not make him the aggressor nor did that take away his right of self-defense. Mr. McClure believed that his life was in danger and fired in self-defense."

McClure didn't return a call Friday and has said he doesn't want to talk about the incident.

Felicia Fluker, the youth's mother, couldn't be reached Friday night. She told the Observer after the shooting that her son, an Independence High freshman, was a good kid who got caught up that day with a bad crowd.

"I hate what happened," she said. "(McClure) could've just called police."

Three other teens were arrested and charged with second-degree burglary and robbery with a dangerous weapon. Police have identified them as Joseph Graves, 17; Matthew Everett Morgan, 17; and Tahjaue Wiley, 18.

Three defense attorneys who read Gilchrist's statement on the McClure case said they felt the prosecutor's decision not to file charges was fair and showed the homeowner had feared for his life.

"When a notorious incident like this takes place people want to think they know all the facts, but they usually don't," said Tony Scheer, a Charlotte criminal defense attorney and former prosecutor. "When police and prosecutors decide that they don't have enough evidence to charge somebody I would hope that the community could accept that they're trying to do their job in good faith."

Still, Scheer and other attorneys said the prosecutors' decision not to file charges should not encourage others to take the law into their own hands.

"I don't think that's the message that's intended here, and hopefully that's not the message people will take from it," said Terry Sherrill, a defense attorney and former district and superior court judge.

Prosecutors said Friday that McClure's wife suffered a heart attack hours after the home invasion and shooting. She is recovering.

The robbers had held her at gunpoint upstairs and bound her husband, who was downstairs, with duct tape. Then they ransacked the home, making off with jewelry, a wallet and two guns.

After they left, McClure broke free, grabbed a gun, and got into his van after watching the thieves head into woods across the street.

According to Gilchrist's statement: "When McClure found the young men after the robbery, they ran toward his car and he fired a shot in the air to keep them away from him and his auto. But they kept running toward him, some in front and some in back of his car."

When Fluker passed the vehicle, he began to turn toward McClure. His motions convinced McClure he was about to be shot, Gilchrist stated. McClure fired at Fluker but did not know if he had hit him.

Gilchrist said McClure was the only witness to the shooting and that the physical evidence corroborated what the homeowner told detectives. The DA's office also said it was clear Fluker was one of the people involved in the home invasion robbery.

"It is the burden of the state in a criminal case to prove beyond a reasonable doubt that a charged individual did not act in self-defense," Gilchrist said in his statement. "The state cannot meet that burden in this case as it appears from all the credible evidence that Mr. McClure feared for his life."

In a recent similar case, police say Charlotte cab driver Albeno Maywal shot and killed 17-year-old robbery suspect Renaldo Smith this month. Police and prosecutors are still reviewing the case. Smith is the son of former NFL Atlanta Falcon player Reggie Smith. Staff writer Adam Bell contributed.

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This appears to be the poor soul's myspace page. Fuck him. http://www.myspace.com/marcusfluker

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This appears to be the poor soul's myspace page. Fuck him. http://www.myspace.com/marcusfluker

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Play stupid games, win stupid prizes. I don't condone what the dude did and he'll probably get jail time, but I can't say I feel bad for the idiots involved.

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Damn, common sense says McClure should have stopped at the end of his driveway, but I suppose he was all fired up, hope he's not charged.





BTW, WTF on the name: Tahjaue Wiley

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Too bad that the old guy is getting charged for this. I think I may have done the same thing myself.

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His buddies in crime:



Check out his pic. A bunch of "bloods" standing with guns: Joseph Graves



Tahjaue Wiley

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DetailsStatus: Single DEAD
Hometown: eastside of charlotte CEMETARY
Orientation: Straight HORIZONTAL 6 FEET UNDER
Ethnicity: Other
Children: Someday NOT GONNA HAPPEN THANK GOD

The old man fucked up. He left 3 of them alive.

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I sent a message to wiley. I really want to know what he says.


what I said in the message would of got me banned here.

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It should be a good shoot.

Too bad the law prosecutors and cops don't  doesn't reflect possess common sense.

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This appears to be the poor soul's myspace page. Fuck him. http://www.myspace.com/marcusfluker

From the MySpace page:





Last Login: 8/21/2009

"Keep da change ya nasty Flucker!"

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Wow, already got RIP artwork up for the dead POS...

http://www.myspace.com/lisonmiller

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Play stupid games, win stupid prizes. I don't condone what the dude did and he'll probably get jail time, but I can't say I feel bad for the idiots involved.

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This appears to be the poor soul's myspace page. Fuck him. http://www.myspace.com/marcusfluker

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If I were on the jury, he would not be convicted.