An attempted theft of sports apparel and the use of a BB gun has landed two people in jail in Harvey County. 

Christian Claudio, 22, and Tyrone Conwell, 18, were booked into the Harvey County Detention Center on aggravated robbery charges following an incident at the Chisholm Trail Retail Shops on SE 36th Street, Newton. 

"It is not a normal aggravated robbery, but it fits," said Lt. Scott Powell with the Newton Police Department. 

According to police reports, Claudio and Conwell were passing through town on I-135 Tuesday when they chose to go to the mall. They entered Khaos Apparel where they attempted to steal about $166 worth of apparel. Store employees chased the two men out of the store. 

Claudio and Conwell jumped into their car. One of the two men grabbed a BB gun and fired the pistol at Khaos employees.

"They missed the employees, but they hit a window and broke the window," Powell said. 

It is the use of the BB gun that created the aggravated robbery charge. According to state statute, an aggravated robbery occurs when the accused is "armed with a dangerous weapon" or inflicts bodily harm upon any person during the course of a robbery. Aggravated robbery is a felony charge. 

Total loss in the Khaos incident, including the window, was estimated at $266. 

Claudio was booked into the jail on charges of aggravated robbery and misdemeanor theft of property or services. Conwell was booked on charges of aggravated robbery, criminal damage to property and  misdemeanor theft of property or services. The county attorney's office will review the case and charges.