Family $ employee

[QuietM4]

Well, that didn’t last long….

Lol, right? No one dare oppose the Great and Almighty KENPO PROFESSOR!!!

Go yell at a cloud, Clyde.

 

[BigNate]

Based on the reports of the shooter saying things like "he could not control his anger..." it sounds to me like a failure to "shut the <bleep> up" is going to get this guy wrung up... well... that and perhaps store security video...

 

[BigNate]

What about assault and stand your ground laws?

Simple physical assault without a deadly weapon doesn’t qualify. Plus, the employee instigated the interaction.

Also, it was not burglary of an occupied residential structure.

Not saying that is the case here but isn't physical assault a justification for self defense with a firearm in the case of disparity of force?

If some 300 lb boxer is assaulting a 70 yr old frail man .. can't the 70 yr old claim self defense?

My understanding has always been that it boils down to whether the disparity of force rise to the level that a reasonable person would believe that the shooter reasonably believed that he/she was at risk of seriously bodily harm or death. In your example, the 300lb boxer beating up the frail 70 year old - I'd say that case could be made. On the other hand - I'm 6'2" 295lbs and while not terribly fit I don't present as frail at all - and if I shot my 75 year old neighbor lady because she was throwing punches at me - I doubt I'd be able to make that case.

EDIT: The 24 year old store employee will PROBABLY have a hard(er) time making this case - but it will probably depend on the specifics. If he's 5'2" 110lbs and the guy he shot physically imposing and presents as a violent actor capable of seriously harming a smaller guy with his hands - he might have some coverage. Unfortunately, it appears that he ran his mouth to law enforcement and some of the things that he's being quoting as saying are, if true, not going to help him.

 

[Boriqua]

Simple physical assault without a deadly weapon doesn’t qualify. Plus, the employee instigated the interaction.

Also, it was not burglary of an occupied residential structure.

Not saying that is the case here but isn't physical assault a justification for self defense with a firearm in the case of disparity of force?

If some 300 lb boxer is assaulting a 70 yr old frail man .. can't the 70 yr old claim self defense?

My understanding has always been that it boils down to whether the disparity of force rise to the level that a reasonable person would believe that the shooter reasonably believed that he/she was at risk of seriously bodily harm or death. In your example, the 300lb boxer beating up the frail 70 year old - I'd say that case could be made. On the other hand - I'm 6'2" 295lbs and while not terribly fit I don't present as frail at all - and if I shot my 75 year old neighbor lady because she was throwing punches at me - I doubt I'd be able to make that case.

Completely agree and that was my understanding. The 75 year old could put you down in that scenario and see a favorable legal outcome but not the other way around.

I was reacting to "Simple physical assault without a deadly weapon doesn’t qualify" and what I had remembered from my CCW class 17 or so years ago

 

[kenpoprofessor]

Well, that didn’t last long….

Lol, right? No one dare oppose the Great and Almighty KENPO PROFESSOR!!!

Go yell at a cloud, Clyde.

If you're stupid enough to think you know enough about this shooting to offer an opinion on what was or wasn't legal, then yea, I'm gonna call you out. You don't know the facts, you're making things up in your head to justify what you "think" happened, not what did. It'd be better if everybody just STFU until we get to see the actual event on video.

Clyde

 

[Jay Gee]

Well, I hope the shoplifter learned a lesson at least.