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What the jerk did was malicious mischief. You can use force to stop it, but you can't use force to punish the guy after the damage is done.

I think following him would have been escalation, IMHO, IANAL, etc.

As soon as a weapon is produced in what was an argument or minor physical confrontation, the guy holding it looks like the bad guy (assuming two healthy men). That's unfortunate, but that's the way it is.

- Jim

Oldgringo wrote:You can find a bar with a higher level of clientele for your future R & R exercises - perhaps a smoke free establishment?

The thing is, wealthy, chic people act like idiots and jerks when they're drunk, too.

- Jim

Fangs wrote:Is there anything I could have done to right that wrong legally? Is it the law-abiding citizen's lot in life to bend over and take it in situations like this?

There's not much you can do. Technically you could sue the guy, but it's not worth it for the cost of a cell phone faceplate, or even an entire cell phone.

Tolerating a certain level of rude behavior is the price of civilization. If every offense is met with an equal level of retaliation, you quickly get to Gandhi's "An eye for an eye makes the whole world blind."

Of course, everyone has to draw the line somewhere.

- Jim

CHLSteve wrote:In fact, I think Mr. El Gato said himself during our CHL class not to draw your gun until you were prepared to use it (and/or legally justified to use deadly force).

El Gato's class had a very good example of why displaying a weapon in this situation is not a good idea:

If you display a weapon, the other guy can call 911 and report that you threatened him. And he will be able to describe your weapon.

In the case of the man approaching the blocked-in car, if he has not said or done anything threatening, there's no justification for use of force or threat of force. He may be an ordinary bum or just someone who likes to talk.

In the case of a woman who is alone and a man approaching, she should be on the phone with 911 immediately. She should also give very emphatic directions like, "Go away. Leave me alone." It wouldn't hurt to have that recorded by 911.

As soon as he threatens the use of force to open the vehicle, Castle Doctrine comes into play.

Is there such a thing as brandishing in Texas?

No per se. In addition to the offenses that Boomerang mentioned, there is PC §42.01. DISORDERLY CONDUCT:

displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

- Jim

KD5NRH wrote:It's not that hard to find right-drive cars. I've often wondered why more rural postal carriers don't get them instead of the rather screwy arrangements they often have to convert left-drive cars to dual-drive.

Rural letter carriers get paid so little, they probably can't afford a vehicle just for their job.

- Jim

CHLSteve wrote:Starting with an apology.... why didn't I think of that?!?

Probably you didn't think of it because it is not a natural reaction.

The natural reaction to aggression is either to return it or flee.

I spent a long time commuting to work and had a number such confrontations. The apology (however feigned) often worked. In other cases, when the goofball got out of his vehicle, I was able to simply drive away.

- Jim

pokrface wrote:Drawing up on the guy would likely have transformed you into the aggressor, since you would have been meeting a possible threat of force with a definite threat of force. Even if you'd brandished and he'd immediately fled, the way is then clear for him to get on the phone and dial 911 to report that some crazy guy just drew a gun on him and his family.

This is not just a hypothetical possibility. A CHL holder in this county drew on a road-rager. The road-rager backed off, but then called 911 to report the CHL holder. To make matters worse, the road-rager had a companion that corroborated his account.

Unfortunately, I don't know how that worked out in the end. I'm sure it cost the guy, though.

- Jim

I think you did well under the circumstances.

It is impossible to drive on some roads in Friendswood without being boxed in at intersections. I'm thinking of FM 518, FM 528, and Bay Area Boulevard near Baybrook Mall.

CHLSteve wrote:At some point, I thought telling the guy I had a gun might have ended the whole thing quicker. My wife thinks it could have provoked more aggression. I know in some situations it can be considered a 'terroristic threat'. At what point can you (or should you) say "I've got a gun, leave me alone"?

The word gun is inflammatory.

My plan is starting with verbal de-escalation, saying, "I have no quarrel with you. I'm sorry if you don't like my driving."

My next step would be, "Stop! Stay back!"

That would be followed by, "I will defend my family."

Somehow, I have never gotten to that point.

CHLSteve wrote:5. I've never claimed to be an expert in body language, but I felt this guy wasn't going to follow through on his threats pretty quickly after he got out of the truck.

I think your instincts were right. Most of these road-ragers are overgrown bullies. They back down when bullying doesn't work.

Of course some are lunatics or sociopathic criminals. You don't know what hand is going to be dealt until you see the cards.

I suggest that you relax, enjoy the holiday with your family, and revisit this topic later.

cowboymd wrote:Hopefully, that guy is at home trying to explain to his wife and kids why he was such a jerk.

They probably already know he is a jerk, and the wife is probably in a codependent relationship. I feel sorry for the kids of someone like that. I knew some when I was a kid.

- Jim