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View Full Version : Does this become illegal at the point of chase?


OUC
07-18-2012, 2:20 PM
I just saw this. If this we're California, would it have been legal up to the point where the 71 yr old man chased?

http://gma.yahoo.com/florida-man-71-shoots-alleged-robbers-internet-cafe-110406403--abc-news-topstories.html

Two teens were shot and injured by a 71-year-old central Florida man who refused to stand by while the young men allegedly tried to rob an Internet cafe.

Curley Red
07-18-2012, 2:46 PM
the way I see it, once the threat is no longer you are suppose to stop. You are suppose to not pursue.

If I was a juror, I would stand up in the middle of the court and applauded him for doing what the rest of us would have liked to do.


Too darn funny seeing them run for their lives tripping over each other.

avneet
07-18-2012, 2:47 PM
My own thoughts say that you can't be sure if they are fleeing, or running to take cover. As long as they are running with the weapons, I take that as an active threat.

DVSmith
07-18-2012, 2:53 PM
My own thoughts say that you can't be sure if they are fleeing, or running to take cover. As long as they are running with the weapons, I take that as an active threat.

He chased them out the door and stopped. I would consider them a threat as long as they were in the same room and had the ability to cause great bodily harm. I don't think you would have a problem in California. I think the difference is that you would definitely be arrested, booked and then the DA wold decide if you are going to trial.

OleCuss
07-18-2012, 3:00 PM
Yeah, it is fine to pursue at least briefly to make sure that the area is cleared. Don't be shooting at them, however, if it doesn't look like they are preparing for aggressive action.

BlindRacer
07-18-2012, 3:05 PM
Surprisingly that was a great news report as well. They applauded the man and didn't twist it into him being a criminal.

I wonder if the man's age had something to do with it. If a 30-40 something man did the same thing... just sayin'

Hopefully this man stays safe now that one of the two men posted bail. He is a great man that potentially saved many innocent lives that day.

corcoraj2002
07-18-2012, 3:06 PM
There was a longer clip where you could see the shooter lock the door after they fled. I would consider what he did, up to and including locking the door, all part of a good shoot.

Stonewalker
07-18-2012, 3:11 PM
The thug who fell down still had his gun and was still a threat. This isn't "giving chase", this is making sure the threat is gone.

Librarian
07-18-2012, 3:14 PM
Please take note: the only reason this thread on the Florida incident survives here is that the OP asked a reasonable question on behavior.

The rest of the discussion goes to the thread in OT.

Others in this forum will be deleted.

Ron-Solo
07-18-2012, 3:19 PM
He chased them out the door and stopped. I would consider them a threat as long as they were in the same room and had the ability to cause great bodily harm. I don't think you would have a problem in California. I think the difference is that you would definitely be arrested, booked and then the DA wold decide if you are going to trial.

I handled several situations like this as a CA LEO. Never once did the person get arrested or filed on. Please don't add to the FUD unless you have factual information

. .. . and then charged with Failure to Wash Hands or some rinky-dink thing to throw at the stupid CA public as a consolation prize.

If it is a good shoot,you are just spreading FUD.

Yeah, it is fine to pursue at least briefly to make sure that the area is cleared. Don't be shooting at them, however, if it doesn't look like they are preparing for aggressive action.

Very accurate. Once they are no longer a threat, stop shooting. The facts will be viewed individually, based on the info the shooter has at the time of the incident and whether his actions were reasonable based on that info.

repubconserv
07-18-2012, 3:21 PM
I handled several situations like this as a CA LEO. Never once did the person get arrested or filed on. Please don't add to the FUD unless you have factual information



If it is a good shoot,you are just spreading FUD.



Very accurate. Once they are no longer a threat, stop shooting. The facts will be viewed individually, based on the info the shooter has at the time of the incident and whether his actions were reasonable based on that info.

Good to know, Thanks Ron, and everyone else

HowardW56
07-18-2012, 4:24 PM
I just saw this. If this we're California, would it have been legal up to the point where the 71 yr old man chased?

http://gma.yahoo.com/florida-man-71-shoots-alleged-robbers-internet-cafe-110406403--abc-news-topstories.html

When they initially turned, he had no way of knowing if they were fleeing or attempting a tactical move to move to cover. I would think once they went through the doorway it was clear that they were fleeing, a defensive posture was appropriate.

My 2 cents.... I watched the video, but I didn't go over it in great detail...

Wherryj
07-19-2012, 8:55 AM
Surprisingly that was a great news report as well. They applauded the man and didn't twist it into him being a criminal.

I wonder if the man's age had something to do with it. If a 30-40 something man did the same thing... just sayin'

Hopefully this man stays safe now that one of the two men posted bail. He is a great man that potentially saved many innocent lives that day.

I suspect that he'll stay safe. The criminals knew that he was armed. They typically prefer to harass unarmed victims-it's much safer.

Maestro Pistolero
07-19-2012, 12:20 PM
As long as an assailant still has a gun, he can whirl and fire, and he is still a threat. Good shoot IMO.

Ctwo
07-19-2012, 7:59 PM
Even the last shot to their backs as the perps had already tripped over themselves running away across the cafe, out of the front door, with their face to the ground, after already being shot? That seems like they are in a "flee-for-life" situation. Did the perps even fire one shot? How many shots did that elderly, white male fire? These are relevant facts.

Irrelevant would be, what if that elderly white male was instead a young black man and the perps were old white men? But my question is serious, if you would feel the same way?

bernieb90
07-19-2012, 10:43 PM
It would have been different had they dropped their guns, and taken off. Instead they retained their weapons, and started running. A guy with a gun on the ground could still easily kill you or someone else. They were still in the cafe with weapons running around. Wounded animals can be very dangerous, and so can wounded people.

Every case is different and has to be evaluated based on the circumstances as well as the laws of that particular state.