Posted on 01/11/2023 10:17:36 AM PST by absalom01
The question now, of course, is whether the shooter’s use of deadly defensive force to stop Washington’s armed robbery was justified on the legal merits.
The answer? Yes, maybe, and almost certainly not.
Confused yet? Let’s clarify.
Shooting someone dead is, of course, normally a crime. Under Texas law, and the law of every other state, however, the use of deadly force upon another might be legally justified, and not a crime, if it meets the conditions for deadly force defense of persons—meaning either defense of self or defense of others. ...
Importantly, the legal conditions for justification must be met for each individual use of deadly force in the encounter—meaning, in this case, for each round fired by the shooter–and that’s where we arrive at the “yes, maybe, and almost certainly not” nature of whether this shooting is lawful.
The bottom line, of the nine rounds fired by the shooter at Washington, the first four were almost certainly legally justified, the second four may be legally justified, and the ninth and final shot almost certainly was not justified, based upon the only evidence currently available to us, which is the surveillance video of the encounter.
For purposes of this commentary and legal analysis, I’ll be addressing the shooter’s use of force as three distinct use of force events, each needing their own legal justification in order to be lawful.
Use-of-Force #1: The first four shots fired, roughly from the start of the video to 0:10 seconds.
Use-of-Force #2: The second four shots fired, roughly from 0:10 to 0:14 seconds in the video.
Use-of-Force #3: The ninth and final shot fired at about 0:16 seconds in the video.
(Excerpt) Read more at legalinsurrection.com ...
No. No.
Thank you.
I was primarily referring to the last shot to the head.
You are of course, correct.
So who is the judge of when the threat no longer existed? You, the judge watching the video or the good samaritan eliminating that threat ?
With that being said, what would have been your response while under the duress and adrenaline coursing thru you body?
You can't answer that because it's unlike you have ever been in a life or death situation like that where you are about to be killed by a gun wielding ex-felon whose record is being involved in a prior murder.........
He may have been leaving but he was also heading towards the patron seated in the back left corner of the restaurant...You did see him didn't you?
....How do you know he wasn't going to be shot in the final robbery attempt?
You don't do you?
If you want to, you are more than welcome to stand toe to toe with an armed CRIMINAL, I will always take the safest shot (for me) possible, just like I was taught by the United States Marine Corps.
They didn’t hammer “COVER, CONCEALMENT,CONTACT” for no reason, always shoot the enemy in the back if possible, that why AMBUSHES WERE CONCEIVED!
Just out of curiosity, have you ever had an enemy shoot at you in anger, with the intent to kill you?
I HAVE, and I will use every advantage and cheat anyway I can to win!
I doubt you have a CPL. If you're not willing to use it to eliminate a threat then why have one, other than to brag to your buddies that you have one?
Based on your comments on this thread, I suspect that if you had been in that restaurant, you would have been scared shitless not knowing what to do even tho you might have been carrying........
You have never been shot at!
You are as full of stupid crap as a Christmas goose!
I would not have shot him in the back.
And if you were the guy sitting in that booth you would have known it was a fake gun HOW?
All the other customers giving up their property were convinced it was a real gun
I guess there in central Virginia they teach you to spot a fake weapon from outer space RIGHT?
And I guess you would have to see dead or bleeding bodies before you could possibly act - CORRECT?
Watch the video. He was sitting there. The perp was leaving THEN he shoots him. My guess its TX so the DA will not go after him. IMO It makes CCW holders look like crazed trigger happy idiots. I guess I am the only one that sees that.
Me too. It's vitally important that normal people serve on juries. Always try to get seated when called. We are the last line of defense against an insane world.
I am not sure if he is a democrat or not, but I do have him pegged as REALLY, REALLY STUPID.
This is the type of person who either won’t intervene at all (most probable) or will just make the situation worse by getting himself killed and providing the bad guy with another weapon.
OK I think it was a bad shoot that makes me a Democrat. Ok..
Regardless of how a jury rules, he's not going to be getting of 'scot free'. The system itself makes sure of that to make sure as few people as possible are willing to defend themselves and others. At minimum, he's out $25k merely for taking out the trash and doing society a favor.
I’ve been a CCW permit holder for over 50 years and a Marine before that; NEVER SEEN OR HEARD SUCH A COWARD AS YOU.
Why don’t you just lock your weapon in a safe at the bank and then you won’t have to worry about losing your permit for being a stupid, cowardly, WANNABE!
One other thing, if that had been an off duty cop, the cop would have done the exact same thing (perhaps not the coupe de grace) but up to that point same action.
Do some research MORON!
BS. He would have PULLED HIS WEAPON warned him to drop it and freeze. IF the guy moved he would have shot.
Ok, so the DA in that county will not prosecute right? And if there is a trial he will walk, right? Got it. WE WILL SEE...
PS: If there is a prosecution in this case do not expect the NRA to defend him for free..
I did watch the video (several times in fact), the shooter chose the perfect time to act, the CRIMINAL/POTENTIAL MURDERER was heading away from him and did not have anyone specifically targeted with his “FAKE” gun (the operative word being GUN).
Good shoot in my opinion.
AND I NEVER WANT YOU ON MY JURY!
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