No charges filed in Blue Lake fatal shooting
A Blue Lake gas station attendant who fatally shot a robber won’t be charged for the crime.
Humboldt County District Attorney Maggie Fleming opted not to prosecute Mark Anthony Nelson Jr., 39, who fatally shot Jeffrey Allen Kirwan, 53, of Santa Rosa, on the night of July 2 after Kirwan allegedly tried to rob the Patriot Gas Station in Blue Lake where Nelson was working.
“The employee has stated he acted in self-defense,” Fleming said in a news release Wednesday afternoon. “No witness statements or other evidence contradict that assertion.”
Nelson was initially arrested for also being a felon in possession of a firearm, but the release states he was in possession of the gun “in response to a recent prior robbery at his workplace.”
A person needs to be charged or released within two court days of their arrest, the release states.
According to a press release from the Humboldt County Sheriff’s Office, the deceased approached Nelson and a customer
of the gas station outside with a firearm, causing the two to flee. The deceased entered the store and “proceeded to steal cash and other items” before exiting the store, at which point
Nelson shot the man with a stolen firearm, the release stated.
Nelson initially provided statements that were inconsistent with the evidence, including denying the shooting or possessing a firearm, leading to his arrest, according to the release.
“On July 7, Nelson Jr. agreed to provide an additional statement to investigators,” the release states. “While speaking with investigators, Nelson Jr. admitted to shooting the robbery suspect and asserted that the shooting was in selfdefense. This statement was consistent with the investigation and evidence located at the scene.”
Investigators concluded Nelson acted in self-defense
and further investigation has led deputies to believe Kirwan may be a possible suspect in the recent robbery of a Trinidad business, the release states.
“The investigation into that case is ongoing,” the release states.