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The Water Cooler
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How should CCW person handle a situation like this???
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<blockquote data-quote="JR777" data-source="post: 3618884" data-attributes="member: 45725"><p>You're allowed to use deadly force to protect yourself or another innocent person from death or serious injury. In either case, the attacker has to have means, motive, and opportunity. Moreover, your actions are judged based on the information you had at the time.</p><p></p><p>If the woman being attacked had shot him, it's likely she would be in the clear. Being violently attacked by a stranger who is that much stronger than you is a credible threat. Once on the ground, he could have easily strangled her or bashed her head in, so she apparently had every reason to be in fear for her life.</p><p></p><p>Things go off the rails a little though if you're just a random onlooker turned good Samaritan. Namely because you wouldn't have a clue what's actually going on. This is being reported as a carjacking, so we'll just go with that, but it could easily turn out to be a domestic violence thing, and really had that look to it more so than a carjacking. You would undoubtedly be justified in using force, but I don't know about deadly force. Definitely not a good idea if you don't know what's going on. For all you know it's something domestic and she did something to provoke the attack. Maybe that's her baby daddy and she stole that car from him? Point is, as a rando onlooker you don't have a clue what's actually going on. Now if he starts trying to strangle her or bash her head in, things would change. Or if he pulled a weapon, picked up a blunt object, etc.</p><p></p><p>So many shades of gray here, but no, as an onlooker, I don't think you would be justified to pull the gun on him, much less shoot him. You would be justified in pulling him off of her, and if he turned on you and overpowered you, then yea maybe. But you still have to convince a jury that they in your position would have feared for their life. You can shoot someone to save your life, but not to avoid an ass whooping, and it's damn near impossible to prove what someone <em>might </em>have done before they actually do it.</p></blockquote><p></p>
[QUOTE="JR777, post: 3618884, member: 45725"] You're allowed to use deadly force to protect yourself or another innocent person from death or serious injury. In either case, the attacker has to have means, motive, and opportunity. Moreover, your actions are judged based on the information you had at the time. If the woman being attacked had shot him, it's likely she would be in the clear. Being violently attacked by a stranger who is that much stronger than you is a credible threat. Once on the ground, he could have easily strangled her or bashed her head in, so she apparently had every reason to be in fear for her life. Things go off the rails a little though if you're just a random onlooker turned good Samaritan. Namely because you wouldn't have a clue what's actually going on. This is being reported as a carjacking, so we'll just go with that, but it could easily turn out to be a domestic violence thing, and really had that look to it more so than a carjacking. You would undoubtedly be justified in using force, but I don't know about deadly force. Definitely not a good idea if you don't know what's going on. For all you know it's something domestic and she did something to provoke the attack. Maybe that's her baby daddy and she stole that car from him? Point is, as a rando onlooker you don't have a clue what's actually going on. Now if he starts trying to strangle her or bash her head in, things would change. Or if he pulled a weapon, picked up a blunt object, etc. So many shades of gray here, but no, as an onlooker, I don't think you would be justified to pull the gun on him, much less shoot him. You would be justified in pulling him off of her, and if he turned on you and overpowered you, then yea maybe. But you still have to convince a jury that they in your position would have feared for their life. You can shoot someone to save your life, but not to avoid an ass whooping, and it's damn near impossible to prove what someone [I]might [/I]have done before they actually do it. [/QUOTE]
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How should CCW person handle a situation like this???
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