A 46-year-old man who lost consciousness during a fight with a bystander while trying to steal cigarettes from a Tucson convenience store has died, police say.
About 4:15 a.m. Nov. 21, Emery Kirk entered the store on North First Avenue near East Limberlost Drive, went behind the counter and started to grab packs of cigarettes, police said in a news release.
As Kirk was leaving, a bystander intervened and the two men fought, police said.
Kirk lost consciousness during the brawl. The 31-year-old man who fought with him called 911 and Kirk was taken to a hospital. Kirk died the next day, the release said.
"Evidence at the scene has been collected, and all parties involved have been identified," the news release said. "No arrests have been made at this time, and the case will be presented to the Pima County Attorney’s Office for review."
