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by Kythas
Wed Jul 18, 2012 2:22 pm
Forum: The Crime Blotter
Topic: Coworkers CHL brother stops armed robbery
Replies: 73
Views: 11024

Re: Coworkers CHL brother stops armed robbery

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?
I'm sure his adrenaline level was through the roof, which would have impeded his fine motor skills, vision, and some judgment. In that situation you will not get a 100% hit rate and may take a parting shot like he did.

That's why it's important to train, even if only in your mind, to disengage once the threat is over. If you can train in your mind to not shoot, you will revert to that training in this type of situation.
by Kythas
Wed Jul 18, 2012 9:26 am
Forum: The Crime Blotter
Topic: Coworkers CHL brother stops armed robbery
Replies: 73
Views: 11024

Re: Coworkers CHL brother stops armed robbery

In addition to his aggressiveness in closing with the enemy, I also like his tactical awareness at the end of the video. Notice after the robbers ran out the door, the man moved to the left, out of any line of fire from the glass window/door while still able to cover the entrance.

This man underwent some decent training at some point in his life and it appears to have stuck.
by Kythas
Tue Jul 17, 2012 3:07 pm
Forum: The Crime Blotter
Topic: Coworkers CHL brother stops armed robbery
Replies: 73
Views: 11024

Re: Coworkers CHL brother stops armed robbery

Keith B wrote:
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
These guys were fleeing felons, but the individual was not trying to stop a fleeing felon; he was stopping someone who had threatened his and the life of others. In this case the man was still in the process of defending himself and those around and ensuring that the two were stopped from turning around and reengaging in the fight and that the threat had been eliminated. Just because a person turns their back on you doesn't mean he has given up the fight and you can no longer defend yourself, he could just be reloading.

EDIT TO ADD: I believe the 'fleeing felon' law you are refering to only pertains to a law enforcement officer.

EDIT TO ADD MORE: Here is the law http://law.justia.com/codes/florida/200 ... h0776.html" onclick="window.open(this.href);return false;
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.
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.

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