Mavs00 wrote:I obviously agree with Mike and Keith and have posted such above. Once the BG turns his attention to the shooter, his actions begin to justify not only a legal "display" (or brandishing) of his weapon, which then escalates to a legal use "use of DF" once the attacker continues to pursue. I think that we can all be in agreement that there were things that the shooter could have done to deescalate or not to interject himself into a argument that wasn't his in the first place.
All that aside, I think that both those guys bring up another very important element..... Disparity of force is a very real legal concept here at play here. The attacker does appear physically larger and stronger than the shooter which makes it a very real possibility that he (shooter) would have been overcome and had his weapon used against him. That totally makes a difference in justification. Disparity of force is obviously not just size thing either, as age, physical conditioning, sex, # of attackers...etc is at play too. So any "what would you do" scenario has to be looked at through your personal lens. For example.... I'm at least the size of the attacker, and I have H2H training, so my use of deadly force threshold is likely to be higher than a smaller person for instance? It also changes with age, I'm pushing 50, which is not old, but I ain't as tough as I used to be...... 20 years ago, in a scenario like this.... I would have delivered serious beat-down and had no question about using DF. However... being older, I've lost a step and am not nearly as physically strong as I used to be. That's the whole reason I have chosen to CC most everyplace nowadays and it become more important with each passing day.
Maybe, but it doesn't always go as you intend or hope. While you are "delivering a serious beat down" the guy picks up a large can of pork and beans from the shelf you knocked him into and clocks you with it right between the eyes. It turns out he is a pretty tough hombre himself.
I always avoided snatching purses from little old ladies after I read that a guy who did so had the unanticipated misfortune of doing so from the mother of a Mafia chief. I always wanted to hear the follow up, but he's never been seen or heard from since.
I remember a fellow breaking into my b-i-l's home one evening. There was a noise, my b-i-l went to investigate, the guy fled out the backyard and down the alley. B-i-l was a O-3 SEAL at the time, and one of the founders of triathlon who could run sub 6 minute miles all the way to Tijuana and back. He followed the perp, who was running as fast as he could until he couldn't, whereupon he was kicked and stomped and beaten, and left in a heap in the middle of the street.
If the guy is that serious a threat, why risk an undignified outcome. Just shoot him and be done with it.