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RHenriksen wrote:That's what it looked like to me, too. I wonder if he was pocket carrying w/o holster, and therefore decided to carry on an empty chamber.

RSJ wrote:Sorry if this was asked and answered in the first 5 pages... but... does he chamber the weapon after drawing? Looks like he racked the slide.

mdoan300 wrote:Can anybody tell how many shots the old guy fired? From the second article, he got only 3 hits (2 in one BG, 1 in the other BG). And his last shot, one-handed and out the door, had me cringe a little -- did he have a good sight picture and know what was around and beyond his target?

Kythas wrote:That's a bit different from the Fleeing Felon Doctrine. That was a doctrine that held deadly force may be used against someone who is suspected of having committed a felony and is in clear flight. Until 1985, deadly force was allowed against a person fleeing who was suspected of having committed a felony. However, in 1985, the Supreme Court ruled in Tennessee v. Garner, 471 U.S. 1 that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."

The law you cited above deals with persons already under arrest and in custody. The Fleeing Felon Doctrine pertained to a person the police may suspect of a crime and is fleeing, but not yet under arrest.

barstoolguru wrote:Thank you for pointing that out; the question is still open "does FL law say you can shoot a fleeing felon". I have looked and can't seem to find a clear answer, it says you have a right to defend yourself but when is it “murder”. He pointed out a good point that the last two shot were “questionable”; did the man overstep his rights? We know here in Texas it’s OK but what about there

776.07 Use of force to prevent escape.--
(1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody.
(2) A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.

LeonCarr wrote:Who robs an internet cafe?

LeonCarr

barstoolguru wrote:

Salty1 wrote:"To me the DA should arrest the old guy for assault with a deadly weapon. From the video he obviously fired at least two shots after he was no longer in fear for his life. The last shot he fired as the man was scrambling away on the ground was clearly illegal."

I am sure happy that your not a DA determining exactly when a persons life is no longer in danger. At what point during their attempted escape did you determine that they would not turn around and return fire with absolute certainty that the situation is over? I watched the video many times and am unable to come up with the same conclusion as you have.

I am curious how can you tell the was not in fear for his life? can you say for sure the would not go outside and comeback in? What statue of FL law says you CAN"T shoot a fleeing felon? Sorry just because someone leaves does not mean the fight is over, too many times they go out and regroup and come back in.

I can tell you this FL is a lot like Texas; He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony

Blindref757 wrote:3. A .380 just went off my list. I have long entertained the idea of pocket carry with a .380 Bodyguard or LCR. Not anymore.