Search found 6 matches

by Keith B
Tue Feb 21, 2012 8:30 pm
Forum: The Crime Blotter
Topic: Man pistol whips Walmart assailants
Replies: 51
Views: 3692

Re: Man pistol whips Walmart assailants

VoiceofReason wrote:
Keith B wrote:
jocat54 wrote:
Keith B wrote:
jocat54 wrote:Sorry, but there would have been 2 shot at Walmart---a beating is a beating (and no such thing as fair fight or light punches--if you punch me(lightly or hard) I will try my best to shoot you)
Being too quick on the trigger is worse than being too slow. Without seeing what was happening, you can't make that judgment. A single punch to the body does not necessarily justify use of deadly force and if you jump the gun (no pun intended) you will end up with a charge of manslaughter that you will not beat.
A single punch to the body will get you shot.
Sure hope I never have to serve on a jury where you shot someone for one punch to the body. :roll:
Keith

If possible, I will not even take one punch to the body. If I am being threatened and have time I will tell the perspective assailant to stay back and if I have time, warn him that if he attacks me I will shoot him.

If he advances on me in a threatening manner I will shoot him and anyone else threatening me.

I have stated on another forum that I walk with a cane (sometimes barely), and one punch to the body could kill me as I have a medical device implanted in my abdomen. If he manages to get one punch in, he will surely not get another.

How would you vote on this one Keith?
It would still depend on disparity of force. We could be talking about you shot a Girl Scout for punching you cause you didn't buy a box of cookies.

To be clear, I am not saying I would never shoot someone who punches me, even once, but there are way more things involved in the decision to shoot than just saying 'Anyone who punches me will get shot.'
by Keith B
Tue Feb 21, 2012 8:51 am
Forum: The Crime Blotter
Topic: Man pistol whips Walmart assailants
Replies: 51
Views: 3692

Re: Man pistol whips Walmart assailants

jocat54 wrote: You can call me all the names you want but if you try to harm me or my family, I will try my best to stop you, If that takes shooting you so be it.
Never called you a name. :confused5

I am just trying note that making a blanket statement that anyone who punches you will get shot, period, is a good way to get convicted of manslaughter.

You have now clarified your statement that you will stop them, AND if it takes shooting you, then you will do it. That is now a better viewpoint. And, since you have now stated you are too old to take a single punch, that weighs into the equation. Is your attacker twice your size and half your age? Are there multiple attackers? Is he Mike Tyson? Or is it a little 70 year old mousy women that stands 5 foot tall and is mad because you took the last shopping cart at Walmart and decides to hit you. These are all part of what you must quickly assess before making the decision that anyone punching you will get them shot. Disparity of force HAS to be put into the factors before you make the decision to shoot.
by Keith B
Mon Feb 20, 2012 10:59 pm
Forum: The Crime Blotter
Topic: Man pistol whips Walmart assailants
Replies: 51
Views: 3692

Re: Man pistol whips Walmart assailants

jocat54 wrote:
Keith B wrote:
jocat54 wrote:Sorry, but there would have been 2 shot at Walmart---a beating is a beating (and no such thing as fair fight or light punches--if you punch me(lightly or hard) I will try my best to shoot you)
Being too quick on the trigger is worse than being too slow. Without seeing what was happening, you can't make that judgment. A single punch to the body does not necessarily justify use of deadly force and if you jump the gun (no pun intended) you will end up with a charge of manslaughter that you will not beat.
A single punch to the body will get you shot.
Sure hope I never have to serve on a jury where you shot someone for one punch to the body. :roll:
by Keith B
Mon Feb 20, 2012 9:32 pm
Forum: The Crime Blotter
Topic: Man pistol whips Walmart assailants
Replies: 51
Views: 3692

Re: Man pistol whips Walmart assailants

jocat54 wrote:Sorry, but there would have been 2 shot at Walmart---a beating is a beating (and no such thing as fair fight or light punches--if you punch me(lightly or hard) I will try my best to shoot you)
Being too quick on the trigger is worse than being too slow. Without seeing what was happening, you can't make that judgment. A single punch to the body does not necessarily justify use of deadly force and if you jump the gun (no pun intended) you will end up with a charge of manslaughter that you will not beat.
by Keith B
Mon Feb 20, 2012 12:23 pm
Forum: The Crime Blotter
Topic: Man pistol whips Walmart assailants
Replies: 51
Views: 3692

Re: Man pistol whips Walmart assailants

Not knowing the severity of the 'beating' that was going on, it is hard to determine wheter it would have been justified. Punching can be light punches or severe blows. If they are punching my body, it is far different than head shots. My opinion is he had the gun out, intended to use it if the issue escalated, but was able to thwart the assault by hitting them with the gun.

I say good for him. This is a MUCH cheaper alternative that going through the legal cost you will incur if you just shoot someone to stop the attack vs. another method.
by Keith B
Mon Feb 20, 2012 11:54 am
Forum: The Crime Blotter
Topic: Man pistol whips Walmart assailants
Replies: 51
Views: 3692

Re: Man pistol whips Walmart assailants

Remember, this was in Florida. They have different rules on deadly force. There is also case law. See this from their Concealed Weapons State Site http://licgweb.doacs.state.fl.us/weapon ... fense.html" onclick="window.open(this.href);return false;
Q. When can I use my handgun to protect myself?

A. Florida law justifies use of deadly force when you are:

Trying to protect yourself or another person from death or serious bodily harm;
Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.
Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.

Example of the kind of attack that will not justify defending yourself with deadly force: Two neighbors got into a fight, and one of them tried to hit the other by swinging a garden hose. The neighbor who was being attacked with the hose shot the other in the chest. The court upheld his conviction for aggravated battery with a firearm, because an attack with a garden hose is not the kind of violent assault that justifies responding with deadly force.

Return to “Man pistol whips Walmart assailants”