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Why did this guy get prison?

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  • #16
    BunnySlayer
    Senior Member
    • May 2009
    • 992

    Judging by the newspaper account deadly force was not justified. At least not at the point in the encounter where it was used. This is why CCW holders should allways carry a less than lethal option such as pepperspray. The old adage " if your only tool is a hammer, all your problems begin to look like nails" applies here.
    sigpic

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    • #17
      JeepFreak
      Senior Member
      • May 2010
      • 511

      Originally posted by iareConfusE
      I'm still a little bit concerned with the whole" deadly force can only be used when met with deadly force" idea. I'm 140 lbs, 5'10" and I'm weak as cake. To me, a single stiff blow from anyone over 170 lbs to the head would probably kill me instantly.

      Should a sucker punch or a guy asking for a fist fight not be met with my deadly force? Or should I have to wait until I'm a half pint of blood away from death before I do my quick draw and put one in him?
      This post made me LOL, but I'm pretty close to the same size and I CCW, so I'd like to hear some reactions to this.
      Thanks,
      Billy

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      • #18
        stix213
        AKA: Joe Censored
        CGN Contributor - Lifetime
        • Apr 2009
        • 19002

        Being taunted and having your shoulder grabbed doesn't sound like justification for shooting someone in the chest.

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        • #19
          ubet
          Senior Member
          CGN Contributor
          • Feb 2011
          • 1557

          He was a FELON!

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          • #20
            skyscraper
            Calguns Addict
            • Feb 2011
            • 5198

            Originally posted by iareConfusE
            I'm still a little bit concerned with the whole" deadly force can only be used when met with deadly force" idea. I'm 140 lbs, 5'10" and I'm weak as cake. To me, a single stiff blow from anyone over 170 lbs to the head would probably kill me instantly.

            Should a sucker punch or a guy asking for a fist fight not be met with my deadly force? Or should I have to wait until I'm a half pint of blood away from death before I do my quick draw and put one in him?
            Not likely, and I dont think a jury of your peers would think so either.

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            • #21
              bill_k_lopez
              Banned
              • May 2011
              • 2836

              Yet another thread started by someone that makes me think too many members of this forum aren't mature enough to get CCWs....

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              • #22
                Mute
                Calguns Addict
                • Oct 2005
                • 8602

                Originally posted by iareConfusE
                I'm still a little bit concerned with the whole" deadly force can only be used when met with deadly force" idea. I'm 140 lbs, 5'10" and I'm weak as cake. To me, a single stiff blow from anyone over 170 lbs to the head would probably kill me instantly.

                Should a sucker punch or a guy asking for a fist fight not be met with my deadly force? Or should I have to wait until I'm a half pint of blood away from death before I do my quick draw and put one in him?
                If there is some kind of disparity of force than it can be justified. However, given the sketchy details above, we don't know and chances are this wasn't a case where one punch would have seriously injured or killed. People get into fights all the time, usually for stupid reasons. Rarely does someone get killed or beaten to a pulp. You had better be able to show that there was a genuine threat for your specific situation not just because someone at some point in time had been killed or seriously injured by a punch.
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                • #23
                  Fot
                  Senior Member
                  • Aug 2009
                  • 1611

                  Originally posted by iareConfusE
                  I'm still a little bit concerned with the whole" deadly force can only be used when met with deadly force" idea. I'm 140 lbs, 5'10" and I'm weak as cake. To me, a single stiff blow from anyone over 170 lbs to the head would probably kill me instantly.

                  Should a sucker punch or a guy asking for a fist fight not be met with my deadly force? Or should I have to wait until I'm a half pint of blood away from death before I do my quick draw and put one in him?
                  If you shot someone for fear of a fist fight I would consider you a murderer.
                  Originally posted by FastFinger
                  We are a dynamic community that reflects society at large. If there is a trait that distinguishes us it is that we're protectors of the the infirm, the elderly, and defenseless women (often sorority sisters who like beer & pillow fights). That means that at some point we may be called on to do battle with zombies. That is nothing to be ashamed of. .

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                  • #24
                    CSDGuy
                    Veteran Member
                    • Mar 2007
                    • 3763

                    The conviction for voluntary manslaughter is appropriate. Murder isn't appropriate. Basically, IMHO, because the shooter responded to what he perceived as an attack on himself, but did so using WAY inappropriate force, he committed voluntary manslaughter. It's voluntary because he intended to shoot the guy...

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                    • #25
                      Uriah02
                      Veteran Member
                      • Sep 2009
                      • 3149

                      Gotta look at what words they exchanged, if the shooter tried to deescalate the situation or if he threatened right back. Since he was a prohibitted person that adds a whole lot less understanding from the jury. Shouldn't the records be available to the public?
                      sigpic
                      OIF 07-09 Veteran
                      NRA Endowment Member, CRPA Life Member

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                      • #26
                        iareConfusE
                        Veteran Member
                        • Jan 2010
                        • 4464

                        Originally posted by Fot
                        If you shot someone for fear of a fist fight I would consider you a murderer.
                        If I'm not a fighter, and I don't like to get into fist fights, should I just stand there and be his punching bag then? What other options would you suggest apart from "being a victim", because it sounds like that's what you would rather have me be?

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                        • #27
                          TurboChrisB
                          Calguns Addict
                          • Mar 2010
                          • 5116

                          But it's ok if you're a policeman?.....

                          Originally posted by Fot
                          If you shot someone for fear of a fist fight I would consider you a murderer.

                          Comment

                          • #28
                            KylaGWolf
                            Senior Member
                            • Jul 2008
                            • 1698

                            Originally posted by JeepFreak
                            This post made me LOL, but I'm pretty close to the same size and I CCW, so I'd like to hear some reactions to this.
                            Thanks,
                            Billy
                            OK you got one. I am a 6'1" female but I am also disabled. So in that situation I would have a reasonable fear of my life and deadly force would most likely be justified. If the person is the same height and healthy not so much. But I think that the fact that the person that did the shooting was a felon the rest is a moot point to begin with.
                            "I declare to you that women must not depend upon the protection of man, but must be taught to protect herself, and there I take my stand." Susan B. Anthony

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                            • #29
                              tyrist
                              Veteran Member
                              • Jun 2007
                              • 4564

                              Originally posted by TurboChrisB
                              But it's ok if you're a policeman?.....
                              ahh no

                              I was actually going to point out that an Officer couldn't get away with shooting somebody for a mere battery so why would he? Especially given the fact he was already a convicted felon carrying a gun.

                              People fight with the Police all the time; you cannot shoot them because they grab you, punch you, kick you, or throw you to the ground. Now if you start taking head blows and are getting choked out the situation has changed.

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                              • #30
                                Curley Red
                                Banned
                                • May 2011
                                • 1737

                                Originally posted by iareConfusE
                                If I'm not a fighter, and I don't like to get into fist fights, should I just stand there and be his punching bag then? What other options would you suggest apart from "being a victim", because it sounds like that's what you would rather have me be?

                                You can always run away. Just because a person is beating on you with their fists does not mean you can use a gun to stop them.

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