Knife on the Freeway

[sjlong]

I just joined this forum because I am a CHL holder and an incident happened Monday of this week to my wife on a Houston freeway. Her vehicle was hit by a driver coming up from behind, who then hit and ran, and when her vehicle was knocked over two lanes to the left she was hit by another vehicle from behind. The driver of the 2nd vehicle did stop and gave her his insurance card and phone number, but pulled out a knife with the blade extended and told her not to report the accident to the police because his license has been suspended.

My question is, if you are a CHL holder, and someone presents a drawn knife to you and threatens you with it, telling you not to report an accident, does this qualify under the assault law provisions as threat of deadly force with a deadly weapon, and, therefore, would you be allowed to use deadly force against this person?

I'm trying to discover what our rights are on something like this, because there are a lot of unlicensed, or suspended licensed drivers out there, or uninsured driveres, who are liable to pull something like this, and to me this fulfills the description of assault and threat of deadly force against you.

Please let me know where or how to post this so I can perhaps get an answer.

Thank you very much.

Steve Long

[Hoosier Daddy]

That's one of those questions I can't answer unless and until I am on the jury and hear the facts.

My advice is to do what you need to do within your moral code to stay alive, and be willing to deal with any consequences that result from your actions. If you do that, I think you will rarely go wrong but I'm not your lawyer. Or your priest.

[AEA]

He is already too close to her with the knife for her to do anything.

BUT.........if open carry was allowed and she was open carrying at the time, it is a very good chance that the perp would have never pulled that trick.

[RottenApple]

They displayed a deadly weapon and threatened you with it. Sounds like a pretty clear cut case of self-defense to me.

Given the information you've presented, were I in that position, I would have drawn. Now, whether I would have fired or not depends on their reaction after I displayed my firearm. If they backed off, then I would just call the police (though I'd stay unholstered and at the ready). If not, then I'd shoot until the threat was stopped and then I'd call the police.

I am making a few assumptions here, of course. No provocation, nothing illegal or threatening regarding your actions, etc. If there are different facts not listed here, well, my opinion could change.

[packa45]

Based on what I know I'd have drawn and escalated my threat level based on their actions. I was threatened with a deadly weapon therefore I display threat in order to remove threat of death or severe bodily injury. If they further advance their actions I squeeze the trigger until the threat is not there anymore and call the local authorities.

If they back down I hold them at the scene with the firearm at the low ready and phone authorities but never take your eyes off them. File a report with the 911 operator and inform them that you are armed and have the attacker at gunpoint and give brief statement stating that after a traffic accident they pulled a knife on me and hopefully the officer that arrives on scene isn't a shoot first and ask questions later type of guy.

And when he arrives state just what you told the operator and ask for a lawyer.

[alvins]

he would probably be charged with aggrivated assult which is a nice little felony.i had a guy ask me not to report it to the police because his license was suspended i told him tough and call the police.and ofcourse the officer did nothing to him.

[karder]

Your wife really should file a police report on this. She was threatened with a deadly weapon by someone who sounds like he is off his rocker. I believe that she would have been completely within her right to draw when he presented the knife, but as AEA noted, if he was already confronting her with a drawn knife she needs to get away and create distance first. Definitely report this, you may save someone else from this nut.

[MotherBear]

Definitely report this, you may save someone else from this nut.

[Jumping Frog]

If he cannot drop that knife in that 3/4 second between me drawing and taking the first shot, then he is going to be shot.

There is no "draw and wait to see his reaction".

Threatening a knife in proximity to me gets someone shot. I might get cut too, I understand and accept that is the reality. But I am pulling and shooting as fast as I can.

[JALLEN]

When the late Chris Kyle was confronted while filling his truck at a gas station by two thugs armed with pistols pointed straight at him, he played along, told him he'd get the keys, went to reach into the truck, came out with his .45 from concealment and shot them both. I recall reading that he sized up which one seemed more nervous with the gun, and presumably then shot the other one first.

Failing that, the best thing to do is play along until danger is past, then report it with as many details as you can, right away. You already know who it is, with D/L and insurance card, assuming they are legit. You can identify him once they go pick him up. Do so.

[C-dub]

If he cannot drop that knife in that 3/4 second between me drawing and taking the first shot, then he is going to be shot.

There is no "draw and wait to see his reaction".

Threatening a knife in proximity to me gets someone shot. I might get cut too, I understand and accept that is the reality. But I am pulling and shooting as fast as I can.

Yup!

[sjfcontrol]

Wait, the second driver first gave his insurance and phone -- THEN threatened her with a knife not to report it? That sounds insane.

[C-dub]

Wait, the second driver first gave his insurance and phone -- THEN threatened her with a knife not to report it? That sounds insane.

Don't report the accident to the police. He didn't care about the insurance company.

[JALLEN]

It is hard to imagine an insurance company having a policy that covers someone driving on a suspended license.

Does it sound like "keep your mouth shut about the license and the insurance will take care of you, but if you squeal, then the insurance finds out about the suspension and you have to fix your own car?"

[sjfcontrol]

Wait, the second driver first gave his insurance and phone -- THEN threatened her with a knife not to report it? That sounds insane.

Don't report the accident to the police. He didn't care about the insurance company.

Still seems bizarre to say, "here's who I am, and how to contact me. But I'll cut you if you report it."