Shooting on Brookside

[Glocktogo]

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.

 

[Michael Brown]

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

You do not have to be booked for the DA to consider the charges.

For instance, in 1999 I was involved in a justifiable homicide.

Thus the D.A. had to decide whether to approve charges in the case of The State of Oklahoma, Plaintiff vs. Michael Brown, Defendant.

I was detained (as is standard), I was never arrested, never charged, but the D.A. had to decline the charges i.e. consider the charges.

Michael Brown

 

[Glocktogo]

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

This is Timmay we're talking about.

 

[Michael Brown]

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.

This is called the Doctrine of Competing Harms or the Doctrine of Necessity and is recognized at the state and federal levels.

It should not be a problem in court.

Michael Brown

 

[ExtremistPullup]

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

you must really have when they said "Daniel Kitchens had shot the victim "

 

[Burk Cornelius]

Anyone who is willing to use physical violence against me in any form- solo, paired, gang, weapon or not, I am going to respond however I need to in order to guarantee my safety.

As much as some might not want to hear it, generally speaking, you can't use deadly force to prevent an ass-whipping. Of course there are always mitigating circumstances, but this is a good point to remember.

 

[benschne]

As much as some might not want to hear it, generally speaking, you can't use deadly force to prevent an ass-whipping. Of course there are always mitigating circumstances, but this is a good point to remember.

I believe the SDA says that deadly force can be used when in fear of death or serious bodily injury. An ass-whipping can easily result in serious bodily injury.

 

[Michael Brown]

I believe the SDA says that deadly force can be used when in fear of death or serious bodily injury. An ass-whipping can easily result in serious bodily injury.

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

 

[Stephen Cue]

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.

 

[OologahBiker]

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.