She was choking him. I think that qualifies as deadly force.MJR wrote:In the above story what could be done if you were to carry?
Not sure if pulling a weapon is or is not justified?
I am betting it is not.
Need help on this by someone who understands much better than I.
Add in disparity of force: she was 23, and from what I can tell from her picture, looks to be in OK shape (at least not a trigglypuff; he looks to be a pudgy mid-50s.
Add in that he said he was losing consciousness. The attacker also stated she was trying to kill him, and while this came to light after the incident, her actions were clearly congruent with that.
I notice the police charged her with aggravated assault with a deadly weapon -- since the article does not mention any weapons, I am guessing that her arms qualified as the deadly weapon, since she was using them to choke with.
I think she qualified to be legally shot or stabbed.