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ARLINGTON Nearly one week after a store clerk was arrested for shooting and killing an attempted shoplifter at an Arlington tobacco store, there still are more questions than answers surrounding the case.

Johnathan Lambert, 28, was arrested within hours after allegedly pulling the trigger on November 26.

Arlington police said he overreacted when an unarmed man came into Smokin' Dragon Gifts in the 5900 block of South Cooper Street and allegedly tried to steal a couple of items.

'Every situation is unique, but in this case the suspect wasn't a threat to anyone in the store, or the clerks, and was actually fleeing the location at the time,' police spokeswoman Tiara Richard told News 8.

But Lambert's defense team is denying any wrongdoing, saying that the family man and military veteran isn't guilty of any crime let alone murder.

'We specifically in Texas have a statute that says if someone commits a robbery, you are allowed to use deadly force,' said attorney Justin Sparks of Kearney Wynn.

Sparks wouldn't comment on many specifics of the case, or about their own investigation, but did say they are confident the evidence will show Lambert acted within his rights.

'He is guilty of no crime whatsoever,' Sparks stated.

A new photo is being circulated online via blogs showing Lambert and the other man in the parking lot moments after the shooting.

It is unclear exactly where the shooting took place just inside the store or just outside.

Police said another clerk was also armed, but never fired his weapon.

The employees were carrying weapons because of increasing crime in other stores owned by the same company.

Sparks estimated prosecutors will make a decision on moving ahead with a case sometime in the next six months.

E-mail tunger@wfaa.com

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