IRONDEQUOIT, N.Y. – A 21-year-old man who was arrested with two teenagers for robbing a store, beating up the clerk, and using a suspected stolen luxury car to run from police was released without bail due to a quirk in the law.

“I do know he has a prior conviction for an attempted robbery. I know he was arrested on a bunch of other robbery charges last year,” said Chief Scott Peters, Irondequoit Police.

Berkeley Brean, News10NBC: “Do you think he ought to be in custody?”

Chief Scott Peters: “Of course he should.”

Police say the three young people robbed the convenience store on Culver Road in Irondequoit and drove away in what is suspected to be a stolen Alfa Romeo. Rochester police spotted the car on South Avenue and started to chase.

News10NBC caught the moment when the chase drove by one of our photographers who was on Genesee Street covering another suspected robbery.

“She rang it up and opened up the cash register,” Chief Peters said. “That’s when all three of them attacked her. Punched her in the head. Knocked her down. Grabbed all the money out of the open cash register.”

In her statement attached to court documents, the clerk told police the three suspects were wearing “black ski masks.”

She said the males tried to buy a bottle of water and when she opened the register “the two males grabbed the register.”

The clerk says tried to block them.

“One of the males then punched me in the face at which point I fell to my knees and lost control of the register.”

The clerk said she reached for the panic alarm on a second register which was sitting on the countertop but said one of the suspects grabbed it and the three ran towards the car parked outside the front doors.

“During this I was in fear for my life and safety,” the clerk said.

The 21-year-old suspect is named Khalique Watts.

Berkeley Brean: “Why do you think he was released? He’s 21 years old.”

Chief Scott Peters: “I have no idea.”

All three people arrested are charged with second-degree robbery. For some reason, the section of robbery that they’re charged with is not eligible for bail. The only reason the 14-year-old is in custody is because he’s young enough to be held.

The DA’s office says it requested bail for Watts but he was released with an electronic ankle bracelet. He was charged with a section of second-degree robbery that involves more than one suspect. That section is not eligible for bail. If the 21-year-old acted alone, it would be a different robbery charge and bail would be eligible.

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