Shooting on Brookside

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Cue

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Take your chances then.

There is at least one lawful gun carrier who recently found out, at great personal expense, that mere fear of an ass-whooping does not justify deadly force barring other mitigating factors.

No matter how many times someone says it, it isn't going to change.

Michael Brown

As Michael is saying, it is not cut and dry. The law states; one must have a reasonable fear of death or severe bodily harm.

The keyword is reasonable. What you may find reasonable my not be considered reasonable by a jury of 12. So use your best judgement.
 

Cue

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I believe what is gonna get him into trouble is that he put himself in that situation by stopping at the bar if he knew they were right behind him he needed to lose them before stopping. by stopping he made them a threat. now I dont know if they drove around the block and then pulled up or if they pulled in with him but if they were right on him he should have kept going tell he lost them.

This is what stand your ground is designed to protect. He does not have to back down when he has a right to be in the place where the siltation went down.
 

Quick_Draw_McGraw

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Sounds like he was booked, though, since the DA is still considering charges.

This is also the DA who charged the elderly CCW holder Gumm for his defensive shooting on Riverside. Nothing would surprise me.

Lots of people are focusing on the bar issue. Unless we know for sure that he was entering the bar armed, it's a red herring. I can even think of a couple of reasons to enter the bar armed. If I'm being harassed and threatened by two criminal looking thugs in a parking lot, I'm not gonna stow my gun in the saddlebags before going in. I may also want to go where there are witnesses that may discourage a criminal attack. I may want to go in and have someone call 911 to report the harassment (keeping my hands free to defend myself). Land line 911 calls can be tracked to a location as opposed to a cell call (in case the call is interrupted by an attack).

If someone did this they would still be in violation of the SDA as it applies to bars. They might be arrested based on that fact alone. But an explanation of the facts would likely result in any SDA violation charges being dropped if it comes out as a clean shoot under exigent circumstances.

I'm totally not saying this is what happened as I have no idea of the actual facts. But it's a reason to not rush to judgement.

the shooting was outside


I drive by that bar all the time. I think a big question is where the guy parked his bike. A lot of people park their bikes on the sidewalk in front of the bar. There is also a side parking lot that runs up to the front of the bar, and a rear parking lot.

The drunks parked their truck in the street in front of the bar.

So if the guy on the bike parked in either the front of the bar or towards the front of the side lot, he would have been visable to the men in the truck.

Those men could have approached the biker before he had left the area around his bike. It's very possible the man on the bike had no time to either stow his gun or enter the bar, since the men in the truck could have arrived at nearly the same time he parked his bike.

So it's a very plausaible situation that he had no intetion of entering the bar with his weapon, and that he was met almost instantly by the two men after parking.
 

Glocktogo

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The reasonable man doctrine relies on a definition of what a reasonable man would consider reasonable given the circumstances. If you're going to rely on what others would consider reasonable rather than what would be cut and dried according to the law, it would always be best to err on the side of caution.

Not everyone may be as "reasonable" as you.
 

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