Rialto Ca Recent Shooting

[gogogadget]

So at 1am a man robbed a taco bell and a customer in the drive through. The robber shot and killed the customer for trying to get away after complying with the robbers demands. Sad. I read the law for justifiable homicide. At one point the robber turned away from the customer to rob the taco bell drive through window. As a CCW holder would you be wrong in drawing your weapon to mitagate a situation such as this. And if possible not have to fire off any rounds.
There is no telling when someone will commit such a crime and extend it to murder. Yes being out at a certain time makes you more likely to run into a BG but even as an LEO you might get off late and decided to get taco bell. How would you handle a situation such as this.

[retired]

If I was still in le and this was an off duty incident (I will assume it was just because the odds of the suspect doing this to an on duty officer in his radio car would be rather small to say the least), as soon as he turned from me to reach thru the drive thru window to steal from the store, I would shoot him with my off duty weapon. No announcement necessary.

If this were to happen to me in my present retired state, I would do the same. I would do the same with a non leo ccw if I had never been a leo; my life is still in jeopardy as I don't know if he will turn and shoot me.

There is no need to make an announcement if an officer. He has already robbed you at gunpoint and is still a danger to you. He is also a danger to whomever is working in the fast food place.

[Samuelx]

So at 1am a man robbed a taco bell and a customer in the drive through. The robber shot and killed the customer for trying to get away after complying with the robbers demands. Sad. I read the law for justifiable homicide. At one point the robber turned away from the customer to rob the taco bell drive through window. As a CCW holder would you be wrong in drawing your weapon to mitagate a situation such as this. And if possible not have to fire off any rounds.There is no telling when someone will commit such a crime and extend it to murder. Yes being out at a certain time makes you more likely to run into a BG but even as an LEO you might get off late and decided to get taco bell. How would you handle a situation such as this.

Don't assume you'll get compliance merely by showing or brandishing/aiming a gun at a POS.

IF you Do draw your weapon, you should be ready, willing, and able to immediately use it...

[Mr. Wannabe High Profile Banger]

I want to know if this kid was of age and legally own a firearm, but DID NOT have a CCW (we are in california)
But the kid drew and fired to defend himself regardless of ilegally having or carrying a loaded fire arm registered to him in the car..
Would he become the criminal/murderer?

[ankyle62]

If I was still in le and this was an off duty incident (I will assume it was just because the odds of the suspect doing this to an on duty officer in his radio car would be rather small to say the least), as soon as he turned from me to reach thru the drive thru window to steal from the store, I would shoot him with my off duty weapon. No announcement necessary.

If this were to happen to me in my present retired state, I would do the same. I would do the same with a non leo ccw if I had never been a leo; my life is still in jeopardy as I don't know if he will turn and shoot me.

There is no need to make an announcement if an officer. He has already robbed you at gunpoint and is still a danger to you. He is also a danger to whomever is working in the fast food place.

I agree with this, I dont think I would expect him to comply when faced with a weapon. I wouldnt want to take the gamble of who can start shooting first.

[tthebeau]

it is better to be judged by twelve than carried by six

[retired]

I want to know if this kid was of age and legally own a firearm, but DID NOT have a CCW (we are in california)
But the kid drew and fired to defend himself regardless of ilegally having or carrying a loaded fire arm registered to him in the car..
Would he become the criminal/murderer?

That is a subject for a different thread and deviates from the OP's questions. Please begin a thread of your own if you wish to obtain an answer to your question. Thank you.

[Wildeman_13]

I think it might come down to the layout of the drive thru and if you had a "reasonable path of escape". Since the BG had turned away from you, I can just see some DA telling the jury that the BG left you alone and you decided to take justice into your own hands.
If there was a fairly straight shot out of the drive thru, I would punch it instead of trying to pull a gun. If the drive thru is a twisty tight turn one, then you have room to say you had no "reasonable path of escape" when the BG turned away from you and did what you needed to do to keep yourself safe.

[intheknow]

Dammit, I use to go to that taco bell back when I was in high school...

[cfd2474]

I think it might come down to the layout of the drive thru and if you had a "reasonable path of escape". Since the BG had turned away from you, I can just see some DA telling the jury that the BG left you alone and you decided to take justice into your own hands.
If there was a fairly straight shot out of the drive thru, I would punch it instead of trying to pull a gun. If the drive thru is a twisty tight turn one, then you have room to say you had no "reasonable path of escape" when the BG turned away from you and did what you needed to do to keep yourself safe.

According to the news article, there was a car blocking the exit of the drive thru. Once the car that was blocking the drive thru left, the victim tried to floor the accelerator and escape. This is when the BG decided to shoot him.

[Wildeman_13]

According to the news article, there was a car blocking the exit of the drive thru. Once the car that was blocking the drive thru left, the victim tried to floor the accelerator and escape. This is when the BG decided to shoot him.

Gotcha. So being blocked in, I say you would have the right to draw and try to defend yourself. Not blocked in, I still think the DA might try to say you could have run even tho in this case the victim tried to run and died.

[yzErnie]

So at 1am a man robbed a taco bell and a customer in the drive through. The robber shot and killed the customer for trying to get away after complying with the robbers demands. Sad. I read the law for justifiable homicide. At one point the robber turned away from the customer to rob the taco bell drive through window. As a CCW holder would you be wrong in drawing your weapon to mitagate a situation such as this. And if possible not have to fire off any rounds.
There is no telling when someone will commit such a crime and extend it to murder. Yes being out at a certain time makes you more likely to run into a BG but even as an LEO you might get off late and decided to get taco bell. How would you handle a situation such as this.

A para-phrase of the justifiable homicide section, 'In the defense of your life or that of another in imminent danger of great bodily injury or of death'. The key point to this entire scenario is the fact the suspect was armed with a gun.

[awall919]

I think that its unfortunate that DA's believe that it is more important to put honest law abiding citizens trying to do the morally correct thing in jail as appose to putting effort into convicting the real criminals, In this scenario the robber. For the state to go after someone for trying to defend there own, as well as other peoples lives is utterly ridiculous and in my opinion says something about our society. Being a CA state DA must be a morally conflicting job.Please note I'm not trying to put down the justice system or any such thing.
Now to answer the question, I would likely engage the robber under the described circumstances as I agree that its better to be judged by 12 than carried by 6.

[Bobby Ricigliano]

Amount of times you need to give him verbal commands to drop the gun: 0

[Notorious]

Bang! Bang!

Freeze!

(In that order)