Posted on 05/15/2013 4:03:39 AM PDT by rightwingintelligentsia
PITTSBURGH — An Ohio Township police officer returned to work just days after he was assaulted by a group of men while he was off-duty on the city’s South Side.
According to police, the officer told police he was walking on 19th Street between Jane and Sarah streets when he noticed a group of at least five people walking toward him.
As the off-duty officer, 26, approached the group, he said he moved out of the way and was going to let them pass by.
The victim told detectives that a black male, about 6 feet 3 inches tall wearing a gray sweatshirt then punched him in the face three times.
(Excerpt) Read more at wpxi.com ...
Objectively, yes. That is the law.
I didnt realize we had so many vigilantes here.
If you would like to change the law so any citizen is free to use lethal force on any fleeing crime suspect, then go for it.
The poster I originally responded to said that we would have shot them.
Of course, if conditions are different then you can act differently. But any self-defense claim must be based on a reasonable suspicion of a grave threat to your life.
Shooting people in the back who are running away doesn’t pass this test.
Thank goodness such "logic" doesn't pass the smell test here in Texas. If you are trying to prevent folks from fleeing the scene of a felony, you can damn sure shoot 'em. You can chase 'em down the street and shoot 'em.
To me, that's an entirely proportional response.
Moral of the story: don’t mess with Texas - or Texans.
Is assaulting someone on the street a felony?
You come upon a bunch of thugs assaulting your wife. You have a gun in your hand. Your wife lies bleeding on the ground. The thugs see your armed and start running away. What do you do?
Dave, if someone smacked me in the head three times, I imagine that all I would be seeing would be dark grey shapes. I would shoot until there was no more dark grey shapes in my line of sight. Now keep in mind that I’m on an air supply and over 65 so don’t expect the reactions of a youngster.
Yes it can be. This jurisdiction is in PA and in PA
http://introublewiththelaw.com/simple-assault-vs-aggravated-assault/
“Aggravated assault is defined as when someone attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury; attempts to cause or intentionally, knowingly or recklessly causes injury to a to a police officer, probation officer or other court related official or attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury with a deadly weapon. In Pennsylvania aggravated assault can either be a second degree felony punishable up to 10 years in prison or a first degree felony punishable up to 20 years in prison”
Coupled with the disparity in numbers of the assailants on the victim, the demonstrated ability and willingness of the attackers to do harm and the victims occupation as a police officer this should be an straight forward case for the DA.
Would you shoot someone in the back who is running away?
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