Woman sues Kroger, ex-manager over shooting

A woman who was held hostage by a man who was fatally shot as he tried to rob an Kroger store in Indianapolis is suing Kroger and the store's former manager.

Christine Nelson's lawsuit, filed Feb. 1 in Marion Superior Court, seeks unspecified damages and contends she suffered "extreme mental anguish and emotional distress" in witnessing 26-year-old Jeremi Atkinson's fatal shooting on Dec. 26, 2011.

Nelson worked for a company that provided unarmed security guards for the Kroger store, The Indianapolis Star reported.

Her suit says she was endangered and traumatized when store manager Elijah Elliott shot Atkinson three times as Atkinson held her hostage during an attempted robbery of the store at 5025 W. 71st St.

Elliott resigned after the shooting, acknowledging that he violated Kroger's policy barring employees from having weapons on company property.

Atkinson's mother, Toni Atkinson, also filed a wrongful-death lawsuit against Kroger, IBJ reported in July.

The Marion County Prosecutor’s Office ruled the shooting to be justified under Indiana law to prevent a forcible felony. Elliott, 24, resigned from Kroger about a month later.

Police, who talked to witnesses and reviewed surveillance video, said Atkinson was shot after he forced Nelson into the store’s office by putting an object in her back and placing her in a headlock. When Elliott responded to cries for help, Atkinson released the woman and charged at Elliott, who shot Atkinson.

Atkinson was wearing a mask and and a hoodie during the incident, but faked having a gun, investigators said.

Atkinson was convicted in 2009 of armed robbery for holding up a Subway restaurant on North Keystone Avenue. He was sentenced to four years in prison and was let go on work release before a warrant was issued for his arrest in February 2011 for violating terms of his release, prosecutors said.