WHEN [THE EMPLOYEE] told Fogle that the store was closed, he lifted up his jacket to show her a black handgun in his waistband and began pushing [her] backward to the interior of the store…. [Another employee] was stalling and hitting the silent alarm button to alert police, while conducting a ruse that she was trying to find a code to open the pharmacy door…. Fogle began loading narcotics into a plastic trash can…. A short time later, James Fogle walked out the back door on the north side of the store carrying a plastic trash can in each hand. Perimeter officers contacted Fogle and ordered him to drop the cans and show his hands, which he did. Officers related that Fogle was wearing a hood on his head and a pink handkerchief tied around the lower half of his face and had yellow plastic gloves on each hand…. Officer Kaptur recovered the gun from Fogle’s waistband and later found that it was a semiautomatic replica BB gun.

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