There were a lot of technicalities involving Mike Brown in the store. The laws are vague from state to state, but in most cases shoplifting doesn't occur until someone walks outside of the store with an item. Until then, a crime technically hasn't been committed. The store clerk accosted and even shoved Brown before he'd walked out the door. Technically, Brown was a victim of assault at that point and had every right to defend himself. The store clerk jumped the gun by just a split second. I know it's a hair splitting technicality, but it would have meant everything in court if Brown were alive and charged for shoplifting, or if Brown sued the store.