 53-year-old Francisco Valerio caught two people shoplifting liquor bottles from his liquor store in Queens. After ejecting them, a scuffle ensued, leading to Valerio trying to pistol whip one of the attackers. That's when Valerio's gun went off, striking and wounding one attacker. Those thieves are under arrest. But now Valerio is being charged with both assault and criminal possession of a firearm, even though the prosecutor admits Valerio had a valid concealed carry permit.