As Self Defenders We Get To Practice Protection Not Punishment

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  • Route 45

    Grandmaster
    Rating - 100%
    92   0   0
    Dec 5, 2015
    14,884
    113
    Indy
    The scumbag actually tried to carjack the passing car as he was running from his original victim. An ongoing threat. Was the original intended victim justified now in using deadly force to effect a citizen's arrest? Here's what Indiana has to say:

    Indiana Code IC 35-41-3-3 says in part: “A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person’s escape if a felony has been committed and there is probable cause to believe the other person committed that felony. However, such a person is not justified in using deadly force unless that force is justified under [IC 35-41-3-2] …”

    IC 35-41-3-2 states in part, “… A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force …”


    So...a solid maybe?

    Risky business, to be sure. I like the outcome on this one, but that doesn't mean it couldn't have gone very badly (legally) for the original victim.
     

    femurphy77

    Grandmaster
    Rating - 100%
    30   0   0
    Mar 5, 2009
    20,268
    113
    S.E. of disorder
    I saw the BG try to raise his gun and shoot at the victim as the victim was trying to drive away. Just as he squeezed the trigger the victim (driver) ducked to avoid the shot. Unfortunately when he ducked he jerked the wheel and hit the BG causing him to give himself lead poisoning of the brain.

    Case dismissed.
     

    Chance

    Expert
    Rating - 100%
    2   0   0
    Sep 25, 2009
    1,038
    129
    Berne
    I saw the BG try to raise his gun and shoot at the victim as the victim was trying to drive away. Just as he squeezed the trigger the victim (driver) ducked to avoid the shot. Unfortunately when he ducked he jerked the wheel and hit the BG causing him to give himself lead poisoning of the brain.

    Case dismissed.
    It's always a bonus when the disease cures itself.
     

    Twangbanger

    Grandmaster
    Rating - 100%
    21   0   0
    Oct 9, 2010
    7,062
    113
    I saw the BG try to raise his gun and shoot at the victim as the victim was trying to drive away. Just as he squeezed the trigger the victim (driver) ducked to avoid the shot. Unfortunately when he ducked he jerked the wheel and hit the BG causing him to give himself lead poisoning of the brain.

    Case dismissed
    Agree, if he put the car in reverse and backed over him, then fine. But this crook placed himself squarely in the escape path. Crime is dangerous for a reason.
     

    VostocK

    Marksman
    Rating - 100%
    3   0   0
    Apr 28, 2010
    296
    63
    I have to admit I laughed out out for way too long when he said that the suspect shot himself in the head while being ran over.

    The prosecutor knew that any bargain rate strip mall defense attorney could get a favorable decision out of almost any jury in the world. You can almost hear the attorney now.....

    "Ladies and Gentlemen of the jury, my client was so traumatized from being the victim of such a vicious, unprovoked and violent ambush style robbery, that he sped away from the scene in a blind panic searching for safety and help. Furthermore, my client was so afraid and emotionally overwhelmed by the attack that had just occurred, and knowing that the attacker was still within handgun range, that my client was driving with his eyes tightly closed as the suspect ran on foot directly into the path of travel of my clients vehicle.

    Upon impact, my client opened his eyes after hearing the collision and the gunshot and thankfully was able to quickly orient himself and safely navigate out of the general area and away from any other unseen potential threats. Once he and his passengers were safely out of the area, he called 911 and fully cooperated with responding units.

    In the video you just watched, you see a series of involuntary physiological responses to a traumatic event that had just unfolded. Those natural responses are representative of the human fear response, namely the well documented "Flight, Fight or Freeze" response. My client was exhibiting the classic flight response when he began to flee from the attack by driving away as any reasonable person would. However due to being task saturated and disoriented, he was also simultaneously exhibiting not only the Flight Response, but also the psychical symptoms of the Freeze response by instinctively closing his eyes and turning his body slightly away from where he thought that the threat was located. So as you can see, this tragic event was simply a matter of an involuntary physiological response to being the victim of a traumatic ambush, and the fact that my client is now forced to appear before you to defend his involuntary actions in what was clearly an accident, is a miscarriage of justice."
     
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