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Keith B wrote:Actually, not sure if the OP's statement of 'I'll shoot you in the face' constitutes a threat of deadly force in and of itself. He didn't display a weapon of any kind, and he didn't state WHAT he would shoot the guy in the face with. He could have been implying he would shoot him in the face with OC, a water gun, or even pull out some shaving cream from his shopping cart.

Disclaimer: IANAL, I dont play one on TV, and I didn't sleep at a Holiday Inn Express last night.

I'm sure he meant he'd shoot him in the face with the Ketchup bottle in the cart right there in front of him
Those things have some decent range with those new no-spill caps.

frazzled wrote: Does that statement constitute attempted theft? I'd proffer yep (unless its Austin)

It wasn't just a statement. He Grabbed, and pulled the OP's cart away from him.
That to me, represents force being used by the bum to begin this confrontation.

If he were there just saying stuff, thats a different matter, but he physically grabbed, pulled, and hung onto the OP's now posessions.
How is this different than someone grabbing a lady's purse from her shoulder and saying 'give me money to get your purse back'.
It's not. The bum grabbed a container of this person's belongings from their posession.

The OP responding with threat of deadly force is force, as stated in the statutes. He responded to force with force. Sounds perfectly legit to me.

Then again, I'm sure All of us would hope that members of this forum ended up on their jury in a case like this