like i said from what i've been through already before i'm going to coon rate. >> john pernell did not the retired officer decided he would fight back. >> he knew guns he was pro protective service officer he knew how to handle a gun. do you think he was thinking at the time that he could stop the robbery by doing what he was doing? >> to me all his instincts and job training and last conversation we had all kicked in. it all kicked in and when i see him go into action and do what he he did i can only think about our last conversation. john pernell took a shot to the head and fatal blow. >> gunman had a 45 automatic it >> the gunman didn't get much. $50, a phone and credit cards. >> the gunman got away in black chevy malibu and 0 minutes after the robbery a black chevy malibu was set on fire in the 1,000 block of yuk way after capitol heights boulevard. to this date no direct link was established between the car fire and robbery. >> over the years, two different detectives have investigated the case without turning up any real promising leads. >> npd interviewed numerous individuals th

. >> that pernell attempted to fire his weapon but it jammed. and he then ran off and then pernell cleared the jam, and fired two more times and hitting him. the first attempted shot justified but once jones ran away the 12 year veteran should have taken cover and assessed the situation. it shows jones clearly didn't have his weapon. and ross acknowledged that it appears that pernell believe that jones was armed. >> just because you had an opportunity and had the right to fire at one point during and encounter doesn't mean you have the same right to do so flute throughout the encounter. >> pernell shot another suspect but that did not play in the decision. and they are handling the decision and they had no comment and attempts to reach the officer were unsuccessful. live outside, chad pradelli, channel 6 "action news." >> all right chad thank you. >>> an upper darby man was killed today at a construction site in northeast philadelphia, police have now identified the victim as 59-year-old barry jones. he died when he was hit by a bulldozer operat