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Attempted Robbery Defendant used Finger Instead of a gun

A South Daytona teen was arrested for an unusual attempted robbery that happened Sunday night. Armed with only a pistol-shaped fist, the man demanded that the clerk of a convenience store near Daytona Beach hand over cash from the register. The mystified clerk didn’t comply and Justin MacGilfrey finally fled. But he wasn’t done for the night as he was arrested later by the Daytona Beach Police Department for a convenience store robbery in their jurisdiction. MacGilfrey admitted to the Volusia County Sheriff’s Office that he had tried to rob the first store, which resulted in a charge of attempted robbery being added to the DBPD’s charges.



The 19-year-old’s evening started at a Circle K at 1800 S. Nova Road at approximately 8 p.m. He walked into the store and told the lone clerk, “Gimme all the money in the register.” The clerk had been looking down at the time and initially thought that someone was playing a prank on him. He then looked up and saw MacGilfrey, who repeated his demand about two more times. However, the 22-year-old clerk noticed that the robber was merely pointing a finger at him, apparently pretending that it was a gun. The clerk then walked out from behind the counter, prompting MacGilfrey to run out of the store.

When a deputy responded to the scene, he heard another convenience store robbery call being dispatched to the DBPD. One of the suspect descriptions in that incident matched what the deputy’s victim was providing. The deputy relayed that information to the DBPD officers, who were still looking for their suspects. Then, shortly after midnight, the DBPD responded to an unrelated disturbance call and found MacGilfrey there. He was connected to the DBPD’s robbery, and the Sheriff’s Office’s victim was able to identify MacGilfrey as the man who tried to rob him, too.

When MacGilfrey admitted to the Circle K attempted robbery, he claimed that someone else forced him to commit the crime and had threatened him with a weapon if he did not comply. However, this story could not be confirmed. MacGilfrey was transported to the Volusia County Branch Jail in Daytona Beach.


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