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speedsix wrote:...that is a large change from what you first said that you did...and reduces considerably the chance for the assault charge...unless, of course, he began yelling "Don't TOUCH me!!! You pushed me...I didn't do anything to you and you pushed me..."...and there we go...as I said before, I understand what you wanted to accomplish and why...but what might witnesses have said? "That poor guy just asked him for some help and he put his hands on him...he shoved him for no reason"... best not to initiate physical contact of any kind...then you're safe...

Thank you. I was trying to word it the best I could. I didn't even think about it when I did it. I will definatly be more aware of that should it happen in the future. gezzz, one innocent gesture can cause so much greif...

speedsix wrote:...I understand what you did and why...but you should not have put your hand on him and pushed him...instead, back up yourself and give him hard verbal commands, which will usually have the effect of stopping his approach...you actually assaulted him, which, should the situation escalate and you have to use your weapon, make you the aggressor...and put you in a world of hurt...

Texas PC22.01 (a)(3)

I was trying to word the "pushed" part better. I extended my arm and only my finger tips touched him, as to say don't come closer to me. I did this as I backed up, and actually had to step backwards into the actual parking lot from the sidewalk.

It was by no means a shove or a push with force. Hope that better paints the picture. I didn't raise my voice, I just said please back up.

Beiruty wrote:The guy most likely was not a threat. Maybe $5 or $10 that you can spare would buy him a meal. Directinn to nearest Texas Workforce office could be a good idea.

Sadly I don't have any to give. I'm preparing for a cross country trip in a few weeks, and gas is going to casue me to go broke!

So, today I had an incident at the Neighborhood market near my home. I was walking from my car towards the entrance of the store. I noticed a male looking at the firewood that was on the sidewalk in the front of the store. As I got closer to the doors, the guy began walking up the sidewalk towards me. When I got just outside the door the guy called out to me.

He asked me if I knew where he could get work, that he was in desperate need of work. He said that his wife had left him and took all his belongings, his car and his computer. He said that he'd be willing to work for $5 an hour if needed.

This guy was very dirty, his clothes were very tattered and torn. This is in a more affulent city, so this person was definatly out of place. He was short and thin. Looked scrawny, scruffy beard, dirty face.

As he was talking to me, he stepped in towards me, getting into my personal space. I stepped backwards, and turned sideways so that my gun was facing away from him. He kept talking and took another step towards me into my personal space again. I then extended my weakhand as I backed up, and asked him to please backup. I didn't shove or push with force, just as a notice that he was not to come into my personal space again.

He then appoligized and walked into the store ahead of me. I paused 5 seconds then went in after him. He started walking around aimlessly in the produce section where I was. An employee then asked him to leave, which he did.

I finished up my shopping and decided that if I saw him when I walked out I was going to go back in the store and inform the manager about the incident and leave it up to him what to do next. This was about 12:30 in the afternoon, and most people in the store are moms with their kids.

Again, I found myself in condition white, but quickly went to condition yellow. I was ready to go to condition red if required. Other then him being in my personal space, I didn't feel threatned. I turned my gun away from him incase he tried to grab for my wallet or such. I used my weak hand to keep him from getting closer.

Lesson learned, yet again...stay in condition yellow when carrying a gun!

*edited to better describe what happened*