Do Not Shoot a Retreating Assailant

If the assailant was fleeing then its likely that the threat to life and limb was diminished and/or gone at that point. Self Defense does not apply if the assailant is fleeing.

3 Likes

@Osborne Welcome to the community, we are glad to have you here. :us:

1 Like

Thank You Friend!

1 Like

No question in my mind that Rittenhouse should have stayed home. However, as old as I am, I can still remember my altruistic, can-do, help-out innocent youth where I felt compelled to help folks whom I thought needed help. Would I do that today? Probably not, but at Rittenhouse’s age, I am confident I would have been at Rittenhouse’s side or leading the way. I, for one, say that I am pleased that we still have altruistic, can-do, help-out young men like Kyle Rittenhouse. I just wish that we had more of them.

Considering all the underhanded, sneaky, code of ethics violations the DA engaged in, I feel his license to practice law should at a bare minimum be suspended for five years. Personally, I would revoke his license to practice law and criminally prosecute him for violating canons of ethics of the legal practice. He is the kind of prosecutor who was responsible for me reaching the conclusion that I didn’t want to be part of that system any more. I don’t have a problem with hammering criminals. I do have a problem with the system going outside the law themselves in order to hammer the criminal. We have plenty of resources to do lots of hammering. What ever happened to “Better that ten guilty men go free than one innocent man be found guilty”?

3 Likes

I understand the split second decisions during the most stressful time of your life, but will a jury? You will need a great attorney.

1 Like

LOL Saying good luck humiliates you? Right your own ship. Citing the Rittenhouse case is not political. It just points out that no matter how “right” you are, you can still face terrible consequences. Your projection is quite apparent.

:joy:
@Dave17 , you are the master of words improper analyze.
Yes… reading your posts for last few days I found the phrase “good luck” to be the most humiliated. :sweat_smile:
I recommend to review your previous posts on few threads, analyze them and you find the answer for your question.

Yes, I’m fully aware of consequences of my each action. But isn’t a smart thing to think ahead and predict consequences before we act? We have been talking about awareness at this Community for a very long time… that’s why we’re here - to share, listen and use the knowledge in everyday life.
(I’m not taking about Rittenhouse case at this moment, please don’t use that last statement as political agenda)

Please explain how wishing you luck humiliated you. You continue with your personal attack, rather than discuss the topic with logic and facts.

Ok. That’s it. Don’t bother anymore.
I’m not going to be dragged into pointless discussion about something you are not able to understand.
This thread is about something else anyway…

I fully understand. You are unwilling to rationally debate an issue where you believe you are right. Yes, and it is not about and your attempt to always be right. Do not shoot a retreating assailant. Yes, we are all aware of that as a general rule. As another poster stated, sometimes that happens and cannot be avoided.

Even if the person defending themselves has perfect reflexes and instantaneous threat processing skills it still takes time to see that the threat has turned and confirm they are no longer a threat and not just repositioning to further their attack or still firing as they flee. Not even a perfectly trained and practiced person with super human skills can override the 1/3 second or so it takes for the signal your brain sent to pull the trigger when the target was still a threat. A lot can happen in a 1/3 second. Even more in the second or likely more it will take for the vast majority of humans who were being attacked to observe and process that they are no longer under imminent threat.

At some point a reasonable person should become aware that they are no longer under threat. But until it can be proven that point has been clearly exceeded the benefit of doubt should go to the person who was innocently minding there own business before being threatened by a criminal.

Coming back to OP:
Do Not Shoot a Retreating Assailant
I’m hoping everyone understands the topic we are discussing?

1 Like

Let’s say that the person who is fleeing is armed with a gun and flees into a crowd, and to make a getaway path for themselves starts shooting innocent bystanders, does that change the circumstances? Things that make you go hum. Let’s ask Tom Grieve about this. Maybe Kevin can bring it up in an ask an attorney webinar.

4 Likes

Finally something I haven’t read in a while.

2 Likes

Yes. The issue is whether there is still a threat to you or to someone you choose to protect, not whether the attacker is facing you or has turned his back.

5 Likes

That is the correct answer @Craig_AR because he is still a threat. I wonder if others may have a different opinion on this. I agree with you. But you know how many loop holes a prosecutor can find.

3 Likes

I suspect and Hope that in the current environment here in SLC that if the prosecutor pursues this a jury would rule it as self defense. The jury I sat on, a main reason we voted to convict was because the kid left and came back other than that we all agreed he could have “reasonably” believed he needed to defend himself.

2 Likes

As other have stated - it’s still a treat. My biggest fear would be if I’m capable of taking precise shot, not harming any bystanders in a crowd.
There is a risk - you stop a threat without putting other into the danger - you are the hero. You harm any bystander, even you stopped the threat - you may end up in handcuffs.

2 Likes

Yes sir that is a good point @Jerzees but I feel in this case it may be justifiable due to the fact that you saved others lives.

3 Likes

That is a common sense… but I’m not sure is this is valid these days.
For greater good may not work anymore. :expressionless:

2 Likes

I also realize that the chances of the survivors in that crowd turning against you are also high. Let’s say you do let him flee, you may get this, you had a firearm why didn’t you stop him. Just saying.

4 Likes