Southside shooting of interest

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  • BehindBlueI's

    Grandmaster
    Rating - 100%
    29   0   0
    Oct 3, 2012
    25,890
    113
    Official turn down, no charges will be filed.

    In this incident the good samaritan also shot the person he was saving. Criminally, transferred intent applies (the intent was to shoot someone you justifably could, so the fact you miss and hit someone else isn't murder/battery/what-have-you but *could* be negligence depending on circumstances). Civil side, you have no protection from a suit if you injure someone who wasn't the criminal regardless of intent. Let me pound this in a bit, not to dissuade people from engaging but to understand the risk more fully. You can save someone and be sued by them.

    Sometimes you have the opportunity to pick your backstop, sometimes you don't. If you have time to react, remember angles can change what your backstop is. Mitigate the risk of misses or pass throughs striking something like an SUV full of kids if you can. Sometimes it will be an Eli situation and it's go time with no luxury of working those angles (or no good ones exist), but in a slower developing situation just something to keep in mind.

    Know what to say to the police and then shut up. I'm not rehashing this again, I've covered it multiple times on the forum and recommended other resources, search it up if you want further. Sometimes things like video and other witnesses can verify you were the good guy, but absent that how do you make a justified shoot argument with "say nothing" advice...

    The media is not your friend. They are not there for you, they are there to generate interest in you so they make money.
     

    jwamplerusa

    High drag, low speed...
    Site Supporter
    Rating - 100%
    2   0   0
    Feb 21, 2018
    4,210
    113
    Boone County
    Official turn down, no charges will be filed.

    In this incident the good samaritan also shot the person he was saving. Criminally, transferred intent applies (the intent was to shoot someone you justifably could, so the fact you miss and hit someone else isn't murder/battery/what-have-you but *could* be negligence depending on circumstances). Civil side, you have no protection from a suit if you injure someone who wasn't the criminal regardless of intent. Let me pound this in a bit, not to dissuade people from engaging but to understand the risk more fully. You can save someone and be sued by them.

    Sometimes you have the opportunity to pick your backstop, sometimes you don't. If you have time to react, remember angles can change what your backstop is. Mitigate the risk of misses or pass throughs striking something like an SUV full of kids if you can. Sometimes it will be an Eli situation and it's go time with no luxury of working those angles (or no good ones exist), but in a slower developing situation just something to keep in mind.

    Know what to say to the police and then shut up. I'm not rehashing this again, I've covered it multiple times on the forum and recommended other resources, search it up if you want further. Sometimes things like video and other witnesses can verify you were the good guy, but absent that how do you make a justified shoot argument with "say nothing" advice...

    The media is not your friend. They are not there for you, they are there to generate interest in you so they make money.
    Thank you for the insight @BehindBlueI's
     

    BehindBlueI's

    Grandmaster
    Rating - 100%
    29   0   0
    Oct 3, 2012
    25,890
    113
    Out of curiosity, if the original attacker had survived the encounter, would he be criminally liable for the injury to the victim as well?

    Yes, as an enhancement to Robbery.

    commits robbery, a Level 5 felony.  However, the offense is a Level 3 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant, and a Level 2 felony if it results in serious bodily injury to any person other than a defendant.
     
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