Chief Bob Terry said he believes the case "illustrates the frustration of many people in this community who are fed up and do not want their stuff stolen. But we don't know yet if that is what was happening or not, and we do not advise that shooting is the correct course of action to take," Chief Terry said. [More]I'll be interested to see how this one pans out. I've never been a big fan of "warning shots."
I know more politically correct gun advocates advise to let a perp walk, but that's like saying only the police should have arrest powers. Since they derive that power from us, I don't think it's illegitimate for me to hold someone I catch stealing my property.
It also sounds like once shots were fired, the homeowner should have clammed up and let his lawyer do the talking.
I know Monday morning quarterbacking is easy. Still, it's incumbent on us to think through in advance how we'll deal with a police response should we ever be involved in a shooting. It's all part of basic preparedness.
[Via Carl S]
5 comments:
The shooter, in this case, had no justification to shoot. If someone is running away, they do not present an immediate threat of death or serious bodily injury... the ONLY justification to draw or shoot.
And a "warning shot" is just plain wrong for two reasons.
If you are justified in drawing, you are justified in shooting. If you indulge in a "warning shot," you never had legitimate reason to draw, or you have just wasted your opportunity to defend yourself and may be killed or injured.
Second, every single bullet fired HITS something, making this irresponsible behavior extremely dangerous for innocent bystanders.
"If you are justified in drawing, you are justified in shooting."
God I hate it when people say that.
I am not required to get shot before shooting in defense.
Therefore I can shoot before the bad guy does.
I am not required to engage in and win a quick draw competition in order to defend myself.
Therefore if I can articulate that a reasonable person in my position would also feel that in the totality of the situation it would be prudent to draw my weapon in order to insure that the bad guy does not get the drop on me then that is indeed justifiable.
Therefore when interrupting a felony in progress and making a citizens arrest of the person(s) who are most likely equipped with burglars' tools a reasonable and prudent person would indeed have weapon drawn and in hand.
This is doubly so the case when the person is responding to such situation from their domicile where it it not common practice nor reasonable to expect said person to be carrying said weapon in an on-body holstering device.
i don't lay claim to the knowledge of when someone else ought to shoot any more than i claim to know when they may eat, sleep or drink.
GuardDog says: "'If you are justified in drawing, you are justified in shooting'...God I hate it when people say that."
Or as I heard it: "If you draw your gun, someone has to die."
I heard it from the lawyer teaching the use of deadly force portion of my CCW class. At least in Oklahoma, if you draw your gun and were not confronted with deadly force yourself, then it is 'brandishing' and can get you arrested.
See the story from a few weeks ago about the guy on the dark street who got nervous about the two guys following him. He put a blade in his hand and turned around to ask them what they wanted. The two undercover cops arrested him for threatening them with the blade.
http://www.seacoastonline.com/articles/20091112-NEWS-911129979
We don't have a 'brandishing' law in our state. But a similar argument can be said about many jurisdictions 'discharging in city limits' laws.
If the law is poorly written you may be charged and found guilty of unlawful discharge even when you are firing in self defense.
In reading the story you attached - what a travesty!
I can first off fault the guys' lawyer for not going to jury trial - you should never argue self-defense or fear of assault in front of only an 'annointed' one. Get a jury of your peers. People who have also been followed late at night on a dark street. Heck, add to that- don't go to felony trial in front of a judge only - there's no plus side., you might as well plead guilty and fall on the mercy of the court.
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