Posted on 02/26/2008 8:25:44 AM PST by kiriath_jearim
When Stan Moretti saw his wife being threatened by a man with a knife, he rushed to her defense.
He pushed through the door of Primo Pizza on Yadkin Road and fired two warning shots, Fayetteville police said.
The man dropped his knife and ran, police said.
Police say the 41-year-old Moretti then jumped into his GMC Yukon and chased down the man, identified as Aaron Lazarus McLeod. Investigators say that when Moretti caught McLeod, he ran him down, then drove his car over him twice more.
No charges have been filed against McLeod — who was in UNC Hospitals in Chapel Hill on Monday — but Moretti has been charged with felony assault.
A Fayetteville lawyer says that decision is in keeping with the state’s self-defense law.
A person can take action to defend himself or others, Jack Carter said.
“However, you do have a duty to retreat once that threat ends,” Carter said Monday. “You do not reinitiate contact or become the assaulter.”
Once the threat is ended, Carter said, self-defense is over.
Police said Moretti, 41, fired one shot in the air and one in the direction of McLeod when he saw his wife in danger.
Even though those actions could be construed as self-defense, Carter questioned the wisdom of firing randomly to scare off an attacker.
“You don’t know where they’re (bullets) going to land,” he said.
Under the law, Carter said, police are authorized to use whatever force is necessary. Police have the power to pursue a suspect, he said. Civilians don’t.
“A private citizen’s ability to use deadly force is much more restricted,” Carter said. “It does not allow you to chase (a suspect) down.”
Yeah, in this case I believe the guy went waaaaay over the line. You can’t go hunt the bad guy down and kill him after he stops threatening.
We all thought you guys were civilized and we could defend ourselves.
They stress not to pull your gun if you don’t plan on shooting to kill. In this case it would have eliminated a threat, saved a chase, gas, wear and tear on truck and State prosecution charges.
Big mistake on his part. The first warning shot should have been center mass.
Depends on when you assume the bad guy is no longer a threat. Clearly, our hero decided the guy was a threat as long as he was alive. I would probably feel the same if someone threatened my wife.
Last thing we need is the bad guys knowing all they have to do is run away to attack another day. Hunt 'em down and eliminate the problem is the only way to be sure the guy 'stops threatening'.
I believe we should be able to kill them even after immediate threat has eased. If you let them go, they will simply kill some other innocent person. Why do you suppose cops are allowed to chase them down?(granted, even cops aren't supposed to run them over) They chase them down to bring them to justice and prevent them from committing other crimes. I don't believe this guy went over the line, I think a scum bag perp got what he deserved. Don't want to die? Don't threaten me or mine.
“A private citizen’s ability to use deadly force is much more restricted,” Carter said. “It does not allow you to chase (a suspect) down.”
Unless of cause we now live in a Police State. In the United States of America,
Police powers are derived from the citizins rights.
Yeah, I would have preferred he fire a couple of warning shots into his chest.
Yep. Never fire warning shots.
You're correct. At that point YOU become the threat. At least as far as the police are concerned, here in CT.
Threat ceases when perpetrator dead.
The husband/driver saved the sure to be next victim/victims from attack and possible death. Just a case of - he who lives by the knife, dies by the car.
Aw c’mon, he was just trying to effect a Citizen’s Arrest when this crud, for reasons unbeknownst to Mr. Moretti, decidedly leapt under the bumper and wheels of Mr. Moretti’s SUV. THRICE!
Big mistake on his part. The first warning shot should have been center mass.Here's the problem. Most people aren't wired to kill. The problem with regular civvies and weapons is that by the time the civvie has built up enough rage and confidence in himself the perp is already running(if he hasn't killed the civvie).
The right to bear arms is nice, but the real issue in America is the breakdown of society. 60 years ago the perp would have been beaten senseless by everybody in the vicinity before he got given to the police.
Guns are nice, but they're just a stop gap, not the solution.
If you fire a warning shot, your lifes not in danger. At least that's how it would be seen in CT.
One law for thee, one law for me.
Elite's always make laws for themselves.
It's just the opposite in the state of Washington. Private citizens have a broader authority to use force in apprehending felons.
Read the legislative note at the bottom of this page:
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.16.040
Don’t bring a knife to a car fight?
Why the hell not? You have positively id'd the guy. Go git him. If not, he could very well still be a danger to someone else.
As for firing warning shots, DON'T DO IT! EVER!!! This cannot be stated strongly enough. If the situation is bad enough to require drawing your sidearm, then it is bad enough to put two to center mass. Warning shots only work in the movies and could hit bystanders.
Put this guy through remedial weapons training and let him get on his way. As for the knife guy, toss him in jail to recoup from his injuries.
“Yeah, in this case I believe the guy went waaaaay over the line. You can’t go hunt the bad guy down and kill him after he stops threatening.”
Yup. Hubby’s going away for a long long time.
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