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.
“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.
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.
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
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.
I guess we need a concept of collective threat. When he ran the guy down, he saved the next victims. Just like when we put people in prison.
"When the threat ends" is not as bright-line a distinction as the people who write these laws would have it.
In this case, there is a man who is trying to kill this guy's wife. The husband doesn't know who he is, or why he's trying to kill her.
It is reasonable for an adrenaline-charged righteous defender to conclude, "If he tried it here, he could come back".
By terminating the assailant, the protector guarantees his wife's safety.
Now, you or I (or the husband, for that matter), sitting in safety, adrenal glands pumping out picograms of maintenance adrenaline, no threats visible anywhere, can probably reflect on this situation and conclude that the threat was over when the guy with the knife split.
But that was not the situation which the husband was in when he disposed of this trash. Not at all.
Does this mean his wife worked at the Pizza joint?
If she does, the guy was still a threat.
Even if she doesn't work there, she is still in danger if she ever goes back.
Criminals many times come back to take revenge on someone that fouls their plans.
The guy was still a threat.
Won't hold up in court, but it's true.
Why fire a warning shot? Deal with the threat permanently....and legally.
You can’t legally chase and kill the guy who’s running away. That’s revenge. Even if he just killed your spouse.
But it is morally and ethically justified to chase him down, break his nougats, beat his face to a pulp and pour hot acid down his throat while spraying fast-drying paint into his eyes.
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.
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?
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.
In the interests of the “Get the serial rapists off the street now Law of North Carolina”, this lawyer needs to be strung up!
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.
Never heard of citizens arrest I take it...