Search found 11 matches

by TomsTXCHL
Thu Jul 10, 2014 7:52 am
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

Jumping Frog wrote:
TomsTXCHL wrote:IMO we are being disingenuous to critique my exploration of this hypothetical, which again I have raised only in an effort to understand "the rules".
Don't let yourself get perturbed for people pointing out a subtle language issue that can create legal problems. When a situation arises where use of deadly force is justified, the deadly force is justified to stop the threat. If the threat happens to die, then that is an unfortunate consequence of being placed in a position where a person is forced to use deadly force to protect him/herself.

The death is a byproduct of the intent to stop the threat, one did not use deadly force with only the intent to kill.

This is a subtle moral difference that has legal consequences. I know it sounds like a petty or picayune distinction, but the issue of intent can only be described in words that need to distinguish the intent.

Let me make an analogy from 2000 years of Catholic moral theology. Everyone knows the Catholic Church regards the deliberate killing of an infant in the womb, aka abortion, is wrong. The intention to kill the child is what makes it wrong.

However, if a pregnant woman discovers she has uterine cancer or similar serious medical issue requiring an immediate hysterectomy, the intention is to provide medical treatment even though a secondary consequence is the baby dies. That is considered acceptable in Catholic moral theology because of the distinction in intent.
Thank you very much JF for your careful and thoughtful reply--it helps me to understand and is greatly appreciated. I did bold the issue I've questioned here--and note again my original hypothetical of an attacker with a gun and my family in jeopardy (and not the subject purse-snatch of course).

As for the potential for legal problems down-the-road, I will add this "subtle language issue" I've created to my already-long list of things I worry about, placing no doubt somewhere below "Die in a fiery car crash on the way to cashing my winning Powerball ticket" though possibly above "Fall to my death from the transport beam in a failed abduction attempt by aliens".

;-)
by TomsTXCHL
Wed Jul 09, 2014 7:43 am
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

IMO we are being disingenuous to critique my exploration of this hypothetical, which again I have raised only in an effort to understand "the rules". And as CHL holders we all know the basic firearm rules, one of which of course is "never point a gun at anything you don't wish to destroy" or however you want to word it.

JF said a CHL was free to shoot at a BG, which the basic rules state clearly enough you should expect could result in death. If you want to argue post-shooting that your intent was different, and use your online postings to demonstrate how careful you are, and pure-of-heart, OK then. Whatever you think will work for you.

But if asked in court to recite the basic rules of firearm handling, I suspect that even if I were nervous and unsettled about my appearance, I would be able to do so. Certainly I would answer Yes if the above rule were posed to me as a question.
by TomsTXCHL
Tue Jul 08, 2014 2:27 pm
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

VMI77 wrote:
TomsTXCHL wrote:
Jumping Frog wrote:Every CHL should have the six enumerated crimes memorized: aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
Can you help us out re the use of the word "aggravated" above please. I don't understand the difference(s).

Also, what you have told us here is that if e.g. we were in a restaurant where an armed robbery is taking place, and which has potential to escalate as some of these incidents involved robbing of all PATRONS as well as the "cash register", that if I could draw and get a bead on the BG w/gun I need only shoot to kill. No warning needed. Headshot.

If yes I do like that a lot better than announcing my presence "DROP YOUR WEAPON!" which in all likelihood results in the BG changing position and giving me now a moving target.
Mmmmm.....be careful about how you word things. This warning is not a criticism, but as others have noted, the internet is forever. You don't ever shoot "to kill" you always shoot to stop whatever criminal act or assault that is taking place. You're using lethal force and it may result in death, but you don't actually intend to kill anyone.
Thanks for your post, and I guess I follow your caution, but iirc I was reacting to JF's comment i.e. taking it to the extreme. Should have written in that statement the word "One" instead of "I" perhaps, and was merely presuming that a headshot would stop the BG permanently.

I understand that an opposing lawyer would always argue that a headshot was unnecessary but if you carry a .380 or 9mm isn't that really the best chance at ending the encounter?
by TomsTXCHL
Sat Jul 05, 2014 7:16 am
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

Thanks a lot for all the help! It is appreciated!
by TomsTXCHL
Fri Jul 04, 2014 4:45 pm
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

Jumping Frog wrote:Every CHL should have the six enumerated crimes memorized: aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
Can you help us out re the use of the word "aggravated" above please. I don't understand the difference(s).

Also, what you have told us here is that if e.g. we were in a restaurant where an armed robbery is taking place, and which has potential to escalate as some of these incidents involved robbing of all PATRONS as well as the "cash register", that if I could draw and get a bead on the BG w/gun I need only shoot to kill. No warning needed. Headshot.

If yes I do like that a lot better than announcing my presence "DROP YOUR WEAPON!" which in all likelihood results in the BG changing position and giving me now a moving target.
by TomsTXCHL
Fri Jul 04, 2014 2:30 pm
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

TNacp99 wrote:I saw no evidence that the woman's life was in danger in the video.
But a physical attack upon a [truly] elderly person could easily result in death. This is the reason for the outrage in the first place i.e. not about a purse-snatching in some parking lot--that happens every day!

As I think about the guy in the foreground "backing away" I do probably need to cut him some slack, because if it were me, from that distance/angle I'd probably not have recognized immediately that an elderly woman was under attack, because, no, I would not likely want to get involved in a "simple" purse-snatch (unless of course it was my wife's!).
by TomsTXCHL
Thu Jul 03, 2014 3:50 pm
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

cb1000rider wrote:
mojo84 wrote:Just because we have a gun doesn't mean that its use is required. If I did pull my gun, shooting would not be my first option. I would only fire the gun in the event I couldn't stop the assault or they turned on me. My primary goal would be to stop the assault of the old lady and the purse would be secondary.
Yea, there definitely seems to be two camps on this:
1) Pull -> Fire
2) Pull -> Evaluate -> Fire

Sure seems that it can get expensive to do the right thing these days...
Not sure what you're saying here. I'm in a third camp that would yell and scream and maybe try-to-separate. I'm quite certain I would not have pulled my CCW in that situation.

BTW in talking to my wife about this incident this morning we both felt that elderly deserve "special consideration" given that all that may be required to have a DRT old person is to fall and break something, or a heart attack, or an aneurysm, or...what-have-you. Yeah the old gal in FW looked Texas-tough but ya never know...
by TomsTXCHL
Thu Jul 03, 2014 8:23 am
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

rotor wrote:Did you all watch the video? The car was being driven by an accomplice so this was not just one bad guy but two or possibly more. This all happened very fast. You run up to help the old lady ( she is about my age too) and someone comes out of the car and shoots you. Who knows? I understand what you are all saying and think that this is a dastardly attack ( which is why I carry) but I am not going to get shot to save a womans purse. Someone attacks me directly and I draw my weapon. I don't consider myself a coward but I would not want to take a bullet to save a seniors purse, phone and baby pictures. The problem of course is that these decisions have to be made fast. If the cops can read my license plate and tell if I run a red light with their cameras can't WM do a better job in their parking lot? This should have been an easy police find the bad guy situation.
I watched the video once, briefly, and saw only 3 things: the old lady being pulled-on by a stockier/stronger/younger woman, the guy in the foreground backing-away, and a car in the middle of the row. Didn't immediately realize the car was an accomplice though it was quickly obvious enough (didn't the BG get in the back seat and not the front? Was there someone in the front passenger seat? I dunno).

I still like to think I'd have at least yelled at the BG "HEY LEAVE HER ALONE!" (rather than backing-away) at which time maybe she'd have decided to just let go and get in the car & leave.

They DID get the purse did they not? I certainly hope the WM's security cams are good enough image quality to have gotten the license plate. A dumb place for sure to try a snatch--that close to the building.

BTW I hafta ask of the earlier post: when a robbery is occurring against a 3rd party like this, it's legal/defensible for another to pull a CCW and shoot w/o warning?
by TomsTXCHL
Wed Jul 02, 2014 5:18 pm
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

VMI77 wrote:
TomsTXCHL wrote:
suthdj wrote:Don't knock your ability that 73 yo woman put up a good fight.
Yeah, I'd have tried, or at least I like to think I'd have instinctively charged-with-intent-to-separate-them, but if the stocky bitch had taken me down, well, hopefully the old lady would have had her purse and gotten safely into her car by then.

I sometimes carry w/Gunderwear which means you almost gotta drop your shorts to get at the gun. A "last resort" sorta carry option cuz really quick-draw is not possible.
Come on guys, give yourselves more credit. Thugs like that don't know how to fight. With a little training you can put one like that down with one blow. Don't charge to separate, charge to end the assault immediately by disabling the attacker.

BTW, don't forget about the thug driving the car.....that thug may have been armed.
I was putting myself in the shoes of the guy in the foreground (who backed-away rapidly) and I'm quite sure I would at least have yelled-and-charged as I said, just instinctively, and would likely NOT have thought about the thug driving her around the lot (and whisking her away after the snatch).

Another reason I hang-around here; to learn this stuff, though you'd think I'd have learned it already from that recent good guy getting shot in Nevada by the (unbeknownst to the GG) accomplice...the one where the LEOs were murdered in the restaurant.
by TomsTXCHL
Wed Jul 02, 2014 10:17 am
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

suthdj wrote:Don't knock your ability that 73 yo woman put up a good fight.
Yeah, I'd have tried, or at least I like to think I'd have instinctively charged-with-intent-to-separate-them, but if the stocky bitch had taken me down, well, hopefully the old lady would have had her purse and gotten safely into her car by then.

I sometimes carry w/Gunderwear which means you almost gotta drop your shorts to get at the gun. A "last resort" sorta carry option cuz really quick-draw is not possible.
by TomsTXCHL
Wed Jul 02, 2014 9:38 am
Forum: The Crime Blotter
Topic: Furious! Elderly FW woman attacked at WM
Replies: 85
Views: 11846

Re: Furious! Elderly FW woman attacked at WM

That was awful. I would like to think that at the very least I would have screamed at the attacker as I was running-up to [try to] separate them and maybe she would have jumped in that car and fled without further incident.

As for drawing my weapon; honestly I'm not sure there was (in my case) time for this, and had I been in front of that car well maybe the driver would have tried to run me over. And as big as that female attacker was, I dunno that this old (>65) guy could have taken her one-on-one...

:???:

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