Birnell's brother-in-law, Perry Tole, is determined to change the standards of businesses like the Village Pantry that have overnight shifts or extended hours.
Tole said since the shooting, their family feels as if they are living an episode of the Twilight Zone.
"Where your surroundings look the same, but your life is totally different," Tole explained. "My goal right now, my dedication is to see this thing happen. I'm not going to let this fall away and be forgotten."
His passion has turned to something he is calling Marcy's Law.
"Marcy's Law to me is providing minimum, a minimum level of protection by law," he said.
According to the Department of Labor, it has no legislative authority when it comes to security requirements. There is a federal OSHA booklet, which serves as a recommentdation of things for businesses to do. An agreement with IOSHA from a 2009 case, now has the Village Pantry making safety changes, statewide.
"All this corporation is going to do is clean up that store and be back in business as usual within 24 hours, that's all it means to them. Life means nothing to these people and that has to change," Tole said, reacting to Birnell's case.
Under Marcy's Law, he proposes a bullet proof area in a store, two employees working at all times and a self-locking door where an employee can escape to, which also is bullet proof. His goal is to set a new standard for convenience stores.
Tole said he does not want his cause ignored. If it is, he said he will try to find another way for people to pay attention.
"I'm going to put billboards around Indianapolis that show what your loved one looks like lying in a hospital bed with a bullet in her brain," Tole said.
The company that owns the Village Pantry issued the following statement:
"Again, we are unable to comment on the active and ongoing police investigation stemming from the tragic events at Village Pantry Store 578 at 1415 West 86th Street in Indianapolis. We continue to cooperate fully with local authorities. Our entire Village Pantry family has been deeply shaken by this senseless crime. Our thoughts are with our fellow associate and her family and we pray for her continued healing and improvement," Jennifer Meyers with the VPS Convenience Group.
Meyers said they use IOHSA standars as a guideline.
Fox59 learned, for now, the VP on West 86th and Ditch Road changed its store hours. It now closes at 11 p.m.
Tole said Marcy Birnell remains in critical condition at St. Vincent.
"We don't know how functional she will be once she's in the clear. You can't tell right now exactly what she will or will not be able to do," Tole said.