Suspect arrested in Circle K assault caught on video

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Charles Avery, 22, is accused of assaulting a Circle K store employee in February. By Mike Gertzman Charles Avery, 22, is accused of assaulting a Circle K store employee in February. By Mike Gertzman
By Jennifer Thomas By Jennifer Thomas
By Jennifer Thomas By Jennifer Thomas

PHOENIX -- A determined Phoenix police officer arrested a man accused of assaulting a Circle K employee after he was told he couldn't buy beer.

The incident happened at approximately 4:15 a.m. on Feb. 4.

Police said the man, 22-year-old Charles Avery, and a woman approached the employee outside the store at Central Avenue and Dobbins Road in Phoenix and requested to purchase some beer.

The clerk told them that alcoholic beverages could not be purchased due to the time period.

The male suspect pointed a handgun at the clerk and a struggle ensued for the weapon. Police said the gun was discharged, breaking the glass door.

The woman helped overpower the clerk to retrieve the gun then both suspects fled the store on foot.

According to a spokesman with the Phoenix Police Department, Officer Kristopher Bertz canvassed the neighborhood asking people if they could identify the suspect.

Bertz talked to a person who recognized the suspect but did not know his name.

A few weeks later that person contacted Bertz to say the suspect was in a laundromat at 8810 S. Central Avenue.

Police arrested Avery when he walked out of the laundromat. He was wearing a Los Angeles Dodgers hat, house slippers and shorts, similar to what the suspect was wearing during the Circle K assault.

Avery admitted to being involved in the Circle K incident, police said. He was booked into the Maricopa County Jail on a charge of aggravated assault with a deadly weapon.

The female suspect who was with Avery has been identified but is not in custody. Police said they know where to find her.