Shooting charge dropped against suspected New Mexico shooter [More]But they're still mulling it over.
Having a knife pulled on him works in his favor. Grabbing a protester blocking him from behind and viciously throwing her to the ground before the main event could complicate a self-defense claim.
I'm wondering which trainer advises armed citizens to conduct themselves this way.
[Via Matthew L]
(Sorry, this apparently got posted under the wrong item...)
ReplyDeleteI originally thought his previous actions would complicate his claim too, but then I reconsidered.
His action of retreating from the fray pretty much indemnifies him under the findings in Rowe v. US 164 US 646.
To quote Alan Korwin's summary in "Supreme Court Gun Cases":
"The Justices declared that you can be involved in starting a difficulty, which would normally deny you any claim of self defense, and regain your right to self defense by honestly withdrawing from the conflict you may have begun."
It's worth noting that Rowe's qualifying withdrawal consisted of stepping back and leaning on a bar, an action much more subtle than the NM fellow's entirely walking away from the crowd.