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Law says self-defense ends when threat ceases
Fayetteville Observer (North Carolina) ^ | 2/26/08 | Nancy McCleary

Posted on 02/26/2008 8:25:44 AM PST by kiriath_jearim

click here to read article


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To: TChris

“...but he can’t legally hunt him down and kill him.”

As far as I’m concerned, as long as liberal socialists claim the ‘right’ to hunt down and kill innocent babies in the womb, their protected criminal class are fair game.


41 posted on 02/26/2008 8:49:48 AM PST by anonsquared
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To: mcshot
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.

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.

That needed repeating.

42 posted on 02/26/2008 8:49:52 AM PST by cpdiii (roughneck, oilfield trash and proud of it, geologist, pilot, pharmacist, iconoclast.)
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To: mcshot

“saved a chase, gas, wear and tear on truck...”

****

Yeah, the poor truck! LOL


43 posted on 02/26/2008 8:50:12 AM PST by kiriath_jearim
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To: TChris

A for effort.


44 posted on 02/26/2008 8:50:37 AM PST by IGOTMINE (1911s FOREVER!)
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To: kiriath_jearim

I guess we should have pre-emptive self-defense...if a guy looks like he may want to harm you sometime in the future, you should be allowed to shoot him now.


45 posted on 02/26/2008 8:51:47 AM PST by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: kiriath_jearim

This doesn’t jive with NCs GS 15A-404. NC doesn’t allow for citizens arrest but it provides for citizen detention when a person has probable cause that the perp has committed in his presence:
1. Felony
2. Breach of peace
3. Crime involving phisical injury
4. Destruction of property

The detainer must immediately notify a leo and release him into their custody.

The above is paraphrased from: http://www.jus.state.nc.us/NCJA/!apr97.htm

Seems the vet did detain the perp IAW NC law. He may have used some excessive force by dtaining him with his vehicle. But my point is how does retreat jive with the lawful right to effect a citizen detainment of a felon?


46 posted on 02/26/2008 8:52:05 AM PST by American_Centurion (No, I don't trust the government to automatically do the right thing.)
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To: Jim Noble
In THIS case, firing to kill the perp ran an excellent chance of killing the wife instead.

You are second guessing the circumstances. If he was close enough to scare the guy off, then he was close enough to drop him as well.

47 posted on 02/26/2008 8:52:08 AM PST by Dead Corpse (What would a free man do?)
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To: GourmetDan

I think assume is the key word here.


48 posted on 02/26/2008 8:52:41 AM PST by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: Hacklehead
You mean the sucka isnt dead?

Article says he's in the hospital.

49 posted on 02/26/2008 8:53:09 AM PST by Dead Corpse (What would a free man do?)
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To: kiriath_jearim

actually if this was a police training the pursuit of the danger to society would be entirely justified.

JUST BECAUSE the perpetrator dropped the weapon, HE DID NOT CEASE TO BE A DANGER TO OTHERS.

We must not fall for the nanny state pro-brady gun control mafia talking points. The perpetrator was an ongoing threat. Dropping the weapon does not mitigate this.

This is all about the left wing dispising self help.


50 posted on 02/26/2008 8:53:28 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Hacklehead
You mean the sucka isnt dead? How do you get run over 3X by a GMC Yukon and live? Was he the Jeepers Creepers guy?
His middle name was Lazarus for a reason. He's dead now, died in the hospital.
51 posted on 02/26/2008 8:54:47 AM PST by ketsu
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To: cpdiii

Thank You!


52 posted on 02/26/2008 8:55:55 AM PST by mcshot (Missing my grade school desk which protected from nuclear blasts.)
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To: ketsu
He's dead now, died in the hospital.

Good news for his other potential victims. Bad news for the guy that ran him over. Instead of getting a medal, they'll probably nail his hide to a wall now.

53 posted on 02/26/2008 8:57:10 AM PST by Dead Corpse (What would a free man do?)
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To: kiriath_jearim

In the interests of the “Get the serial rapists off the street now Law of North Carolina”, this lawyer needs to be strung up!


54 posted on 02/26/2008 8:59:59 AM PST by CRBDeuce (an armed society is a polite society)
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To: Jim Noble
Even if your husband's body was between your gun and the perp?

Laser sights are very very good. Sight them in correctly and you will hit what you aim at.

55 posted on 02/26/2008 9:00:13 AM PST by cpdiii (roughneck, oilfield trash and proud of it, geologist, pilot, pharmacist, iconoclast.)
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To: kiriath_jearim

I would have to surmise that if the perp had gotten into their house and was assaulting the man’s wife, it is safe to assume that just because the perp ran did not end the threat of the perp returning — better armed — to finish what he started.


56 posted on 02/26/2008 9:01:23 AM PST by VRWCmember (McCain 2008 - If it's inevitable, you might as well lay back and try to enjoy it.)
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To: kiriath_jearim

Never heard of citizens arrest I take it...


57 posted on 02/26/2008 9:03:02 AM PST by Crim (Dont frak with the Zeitgeist....)
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To: Jim Noble
How are you with your adrenaline running out of your ears?

Agree 100%. Ever done any "simulated stress" shooting? It's a b*tch.

Next time you're at the range, put your pistol on a table at the firing line. Then back up 50 yards and sprint as hard as you can to your pistol, THEN engage the targets. Or, if your range lets you, run with a holstered pistol up to the firing line, then draw and engage. Half the time I can't even see the front sights because I'm breathing too hard.

58 posted on 02/26/2008 9:03:14 AM PST by Terabitten (Virginia Tech Corps of Cadets - E-Frat '94. Unity and Pride!)
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To: stuartcr
"I think assume is the key word here."

Exactly. No need to charge the guy with a felony or anything. It's just a difference of opinion on when the guy 'ceased to be a threat'.

59 posted on 02/26/2008 9:03:18 AM PST by GourmetDan
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To: purpleraine

When he ran the guy down, he saved the next victims. Just like when we put people in prison.
_________

Well, not just like putting people in prison. Before that happens there is typical a judge and a jury involved, not one guy functioning as judge, jury and executioner.


60 posted on 02/26/2008 9:03:51 AM PST by dmz
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