I am going to recap the facts as I understand them:
- Driving a VW Beetle
- Parked in a remote part of the parking lot
- At night
- Driver male, about 5'11", 160# (from other threads)
- Wearing a suit and tie with a trench coat
- Alone
- Confronted by possible robber who approaches with his hands in a position where he could restrain or strangle potential victim
- Possible robbers displayed no firearms, knives, clubs, or the like
- Upon presentation of sidearm, "His eyes got as big as saucers and he said, 'I'm going to live in this car.' He then quickly drew back into the cab, shut the door and put his hands on the console. He stared straight ahead; so did the driver."
I agree with Excaliber that this was most likely an attempted strong-arm robbery, and Kestrel was fully justified in presenting a weapon to defend himself [PC 9.32(a)(2)(b)].
The following factoids contribute to this conclusion:
- Potential victim alone, isolated, after dark
- Well dressed and probably had something worth stealing
- At a physical and numerical disadvantage relative to assailants
- If the potential robbers had been armed, they probably would have struck fast to overwhelm escape or armed response.
- When confronted by a firearm, the potential robber responded as though he had been through that experience many times.
I considered possible carjacking, but the VW Beetle is relative rare and easy to spot on the road, thus not a good car to steal. In fact, it is on a list of least-stolen cars in the U.S.
I am guessing that the robbers had criminal records (felony conviction, on probation or parole) and did not want to risk being caught with weapons. They sound like cold-blooded characters who know what they are doing. Most likely they left the parking lot right after Kestrel (realizing that he was not a cop).
- Jim
