Saying nothing is a perfectly defensible (pun noted) choice. here's a discussion from someone with as much experience as anyone here, the redoubtable blogger of What Should A Free Man Do?
BEGIN QUOTE:
If you're sure you're looking at the shooter, you have absolutely no legal or moral responsibility to offer a warning or a command such as, Stop or I'll shoot. The shooter has demonstrated his intent and capability and you can just shoot him, even in the back if that's the shot you get.
But, if you absolutely feel you have to be fair and offer a warning, do *not* say:
* Don't make me shoot you. This tells the shooter you're not committed and gives him at least 1.5 seconds to get a shot off at you, dummy.
* If you move, I'll kill you. If you say this and the dirt-bag lives, the first question from the shooter's attorney at your civil trial will be, Why did you want to kill my client? If you are going to issue commands, make them loud, clear and constant. You want the shooter to hear you, you want him to understand what you're telling him to do and you want to have him paying attention to your screaming, distracted from his plan, as opposed to wondering what the hell you're whispering to him and thinking how much he's going to enjoy killing you.
While pointing your weapon at the shooter, SHOUT:
DROP THE GUN. DROP THE GUN. DROP THE GUN. DROP THE GUN... until he drops the gun.
Then...
GET ON THE GROUND. GET ON THE GROUND. GET ON THE GROUND... until he gets on the ground.
Don't say, If you move, I'll kill you. I already said that. In addition to the line of questioning his attorney will be able to pursue, you need to know that it's not up to you if he dies. It's up to him. If he put himself in this position, then he had to know beforehand that he might die as a result, and if you shoot him it's therefore his fault for creating the situation in the first place. It's his fault if he dies, not yours.
November 22, 2008 "This just in" [Shooting reported at Southcenter Mall, Tukwila WA] http://freemendo.typepad.com/undaunted/2008/11/this-ust-in.html
I can't get the link on one line. Sorry. all the best, cycjec
Same person ("Free Men Do"): Here's some excerpts from his latest: Read it all. Watch the video. What Would Free Men Do?
"L'audace, l'audace, toujours l'audace"
germane to the present discussion:
Here's the deal: the bad-guy is going to smoke you because you hesitated. He's going to put a magnum round into your chest or neck or head and then move on to complete the rest of his mission, whether you like reading it here or him doing it there or not. So, what are you going to do?
and a reminder:
So, why's all this important? Because it will be the 6th anniversary of Beslan in just a few weeks. And while many blog commenters will be filling dialogue boxes with how bad they feel and how we should all "remember" what happened, I operate a little differently.
What should a free man do?: "L'audace, l'audace, toujours l'audace"
http://freemendo.typepad.com. Note: his Permalink seems to have a glitch right now.
and a reminder from his "Lockdown" warning. You don't have to stay around, either."
Lockdown, lockdown, lockdown. No, no, no. When the terrorists began their assault at Beslan, around 40% of the students and staff ran like cuh-razy to get away from the school. A few hid in the boiler room. Every single one of those children and adults lived.
Saying nothing is a perfectly defensible (pun noted) choice. here's a discussion from someone with as much experience as anyone here, the redoubtable blogger of What Should A Free Man Do?
ReplyDeleteBEGIN QUOTE:
If you're sure you're looking at the shooter, you have absolutely no legal or moral responsibility to offer a warning or a command such as, Stop or I'll shoot. The shooter has demonstrated his intent and capability and you can just shoot him, even in the back if that's the shot you get.
But, if you absolutely feel you have to be fair and offer a warning, do *not* say:
* Don't make me shoot you. This tells the shooter you're not committed and gives him at least 1.5 seconds to get a shot off at you, dummy.
* If you move, I'll kill you. If you say this and the dirt-bag lives, the first question from the shooter's attorney at your civil trial will be, Why did you want to kill my client? If you are going to issue commands, make them loud, clear and constant. You want the shooter to hear you, you want him to understand what you're telling him to do and you want to have him paying attention to your screaming, distracted from his plan, as opposed to wondering what the hell you're whispering to him and thinking how much he's going to enjoy killing you.
While pointing your weapon at the shooter, SHOUT:
DROP THE GUN. DROP THE GUN. DROP THE GUN. DROP THE GUN... until he drops the gun.
Then...
GET ON THE GROUND. GET ON THE GROUND. GET ON THE GROUND... until he gets on the ground.
Don't say, If you move, I'll kill you. I already said that. In addition to the line of questioning his attorney will be able to pursue, you need to know that it's not up to you if he dies. It's up to him. If he put himself in this position, then he had to know beforehand that he might die as a result, and if you shoot him it's therefore his fault for creating the situation in the first place. It's his fault if he dies, not yours.
November 22, 2008 "This just in" [Shooting reported at Southcenter Mall, Tukwila WA]
http://freemendo.typepad.com/undaunted/2008/11/this-ust-in.html
I can't get the link on one line.
Sorry. all the best, cycjec
Same person ("Free Men Do"):
ReplyDeleteHere's some excerpts from his latest: Read it all. Watch the video. What Would Free Men Do?
"L'audace, l'audace, toujours l'audace"
germane to the present discussion:
Here's the deal: the bad-guy is going to smoke you because you hesitated. He's going to put a magnum round into your chest or neck or head and then move on to complete the rest of his mission, whether you like reading it here or him doing it there or not. So, what are you going to do?
and a reminder:
So, why's all this important? Because it will be the 6th anniversary of Beslan in just a few weeks. And while many blog commenters will be filling dialogue boxes with how bad they feel and how we should all "remember" what happened, I operate a little differently.
What should a free man do?: "L'audace, l'audace, toujours l'audace"
http://freemendo.typepad.com. Note: his Permalink seems to have
a glitch right now.
and a reminder from his "Lockdown"
ReplyDeletewarning. You don't have to stay around, either."
Lockdown, lockdown, lockdown. No, no, no. When the terrorists began their assault at Beslan, around 40% of the students and staff ran like cuh-razy to get away from the school. A few hid in the boiler room. Every single one of those children and adults lived.