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by srothstein
Tue Jul 06, 2021 8:18 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: District Attorney Shakes The Hornet's Nest
Replies: 16
Views: 8465

Re: District Attorney Shakes The Hornet's Nest

Soccerdad1995 wrote: Tue Jul 06, 2021 8:08 pm
03Lightningrocks wrote: Tue Jul 06, 2021 3:35 pm
crazy2medic wrote: Tue Jul 06, 2021 3:17 pm Seems to me after the incident it was reported that AK Guy was approaching carrying it at low ready while voicing threats!
This is the way I understood the situation as well.
OK, so for argument's sake, let's assume the above is established in court.

That means, we have a masked person, holding a rifle, while committing a crime (blocking traffic). That individual then advances on a motorist who is blocked in, and yells threats at the motorist.

If I'm on the jury, I'm ruling that a good shoot. IMHO, that would also be a justified use of force if the motorist was a LEO (who I would obviously hold to a higher standard than a non-LEO citizen). The thing to remember here is that it takes less than a second to fire a controlled round from a rifle held at that position. I'm sure the defense attorney will demonstrate this for the jury.
Technical correction, but he as committing multiple crimes. In addition to the blocking traffic and pedestrian in a roadway, he was possibly committing disorderly conduct by carrying a firearm in a manner calculated to alarm (my opinion is yes) and definitely an assault by threat. If I were the defense, I would make sure the disorderly conduct charge is raised as it helps justify the reaction (he was alarmed and reacted how he was trained to react). I would call as many combat veteran soldiers from Ft. Hood as I could to testify that they would have reacted the same way to a person approaching them with a rifle at low ready. IMO, by definition low ready is a threat and I would shoot to stop it. I think it is justifiable based on the time it takes to go from low ready to firing compared to the reaction time.

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