I would definitely weigh the fact he opened the door into the equation, but just the act of opening the door would not be the sole factor in saying he didn't have a right to defend himself. Maybe he thought he could reason with the guy and he leave, who knows. I would put more weight in the fact that he took the punch and the guy was not continuing to attack him. He had an option of closing the door or backing up a little, but he just took the gun out and shot him. I know you don't have to retreat due to the Castle Doctrine, but sometimes attempting to put a little distance between you and an aggressor is your best defense.BigGuy wrote:If I were on the jury, he'd have trouble from me because he opened the door. He did not try to avoid the confrontation. I expect gun owners to be the adults in the room. I've got no problem prosecuting somebody who makes a deadly decision based on ego.
Did the young man who got shot act irresponsibly? Absolutely.
Is there a strong probability he was a punk and a thug? I'd say yes.
Is that the issue? Nope.
The clerk could have and should have made the decision to not put himself in that situation.
Search found 1 match
Return to “Surveillance video shows violent confrontation at gas statio”
- Thu Nov 29, 2012 9:56 am
- Forum: The Crime Blotter
- Topic: Surveillance video shows violent confrontation at gas statio
- Replies: 39
- Views: 4361