Venus Pax wrote:player_twister wrote:IMHO, the way to avoid this type of attack is to see it coming and either be somewhere else or summon help.
That still doesn't answer the question. Suppose, you/me with a CHL, are the only "help" that is present.
CHLers do not have the legal right to intervene on a stranger's behalf. We barely have the legal right to intervene on our own relatives' behalves.
Sure you do.
Texas Penal Code
§9.33. Defense of third person.
A person is justified in using force or deadly force against
another to protect a third person if:
(1) under the circumstances as the actor reasonably believes
them to be, the actor would be justified under Section 9.31 or 9.32
in using force or deadly force to protect himself against the unlawful
force or unlawful deadly force he reasonably believes to be
threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his intervention is
immediately necessary to protect the third person.
Also, this particular LEO is why I refuse to pull over in a deserted area. I realize most of these guys are honorable, but the mean ones still aren't tagged.
You are referring to a plain vehicle right, one not marked with clear police lights on the roof or grill?
Also, if a drunk guy comes at me swinging and threatening, I would have to consider that deadly force, as angry drunks just don't respond well to deescalation measures.
The fact that "drunks just don't respond well to de-escalation measures" is not a justification for the use of deadly force. However, I believe you would be justified in using deadly force in the incident depicted here because his blows could, in the manner of their use, cause serious bodily injury or even death.
A drunk who is stumbling and unable to land a blow, nearly falling down with each attempt would not, in most circumstances, be a candidate to have deadly force used against him. Of course that does not represent the drunk in this video.
