Shooting on Brookside

[skyydiver]

Let's see, if I'm on my bike and think there's about to be some two-on-one male on male action (not my general preference), and there's an OSA bar around the corner...I'm heading there post-haste, whether that was my original destination or not. You guys got my back, right? Right? Guys?

 

[Michael Brown]

Thus, I feel I am justified in using deadly force if necessary to stave off even an unarmed attack from a single attacker if they attack me.

Without some mitigating factors, the courts will probably not agree with you.

I would suggest a re-thinking of this strategy and perhaps some training to cover any deficiency that would compel an unqualified deadly force response from a single unarmed attacker as the only option.

There is most certainly a middle ground between being dead and having your life ruined.

Having seen both ends upclose, I'd suggest further exploration.

Michael Brown

 

[Glocktogo]

I really hate that the last line of the article calls it a homicide.

Technically it is a homicide. There are all levels of homicide ranging from justifiable to 1st degree murder. People who don't understand that homicide just means a death of one person caused by another tend to equate it with murder. The talking heads know this and use it because it's more sensational, but technically they're correct.

 

[Michael Brown]

It's my understanding (which could very well be wrong) that it applies to you anywhere you have the legal right to be. But from some of the statements in this thread maybe it's something else?

The issue in this case is not where he was; the issue is what neccessitated the deadly force response.

The facts at present are too unclear at present to determine if the shooting is justified or not.

Personally, I prefer to keep my opinion to myself until I know enough to register an informed opinion and I'm going to guess that I've had as much access to good information as anyone here.

Wait it out a bit and I'd be willing to bet we'll know enough to give a good opinion.

Michael Brown

 

[LightningCrash]

From the article:
"He was arrested for the shooting,"

From the Stand Your Ground Law:
"the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful."

If this guy was arrested, there was obviously something else going on we haven't been told about.
The news story sounds like a clear cut justified response... obviously the responding officers did not think so.

 

[338Shooter]

But you assume they are familiar with the law LC. They also let him go, possibly when they realized their uh oh.

 

[NikatKimber]

Am I the only one that finds it interesting he was headed to a bar with his CCW?

Cossi, I thought the exact same thing. I hope there is a good explanation for that, or it could paint him as someone with little regard to the law.

 

[Shadowrider]

The issue in this case is not where he was; the issue is what neccessitated the deadly force response.

The facts at present are too unclear at present to determine if the shooting is justified or not.

Personally, I prefer to keep my opinion to myself until I know enough to register an informed opinion and I'm going to guess that I've had as much access to good information as anyone here.

Wait it out a bit and I'd be willing to bet we'll know enough to give a good opinion.

Michael Brown

I was just using this incident as a backdrop for my question, as I'm really wondering how SYG plays into things in the context of the SDA. My understanding is that it basically extends "Make My Day" outside of your residence, meaning anywhere you have a legal right to be.

I just never hear SYG referenced in any of these cases, which is the crux of my confusion. From the The DA's to LEO's (which is kind of understandable since they just gather evidence), to the news media, no one ever seems to mention SYG when there is one of these cases. I'm guessing they are waiting on settled case law?

 

[LightningCrash]

But you assume they are familiar with the law LC. They also let him go, possibly when they realized their uh oh.

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

 

[Michael Brown]

I was just using this incident as a backdrop for my question, as I'm really wondering how SYG plays into things in the context of the SDA. My understanding is that it basically extends "Make My Day" outside of your residence, meaning anywhere you have a legal right to be.

Not quite.

MMD codifies the idea of any force, no matter how slight, in one's home thus establishing a different standard for inside the home.

SYG applies to justifiable uses of force but does not change the standard that applies to the use of deadly force. It also codifies the legal standard that in Oklahoma, an attempt to retreat is not required.

A simple example would be, if a suspect breaks into your home and says he will "kick your ass" you would be justified in using deadly force to defend yourself inside your home.

At a gas station, if a similar action occurs, you may or may not be justified depending on the mitigating factors.

Michael Brown