I think leaving the scene of a self defense shooting event without a solid reason for doing so and especially without calling 911 are both actions that could be used by a prosecutor to vilify the defender to the judge and jury. Doesn’t seem like a wise move to me.
The USCCA recommends calling 911 then calling the critical response team. And most self defense instructors recommend being the first one to dial 911 whenever possible.
It doesn’t paint a great picture to drive off without contacting 911 if you believe you were just involved in a justifiable self defense incident. It is usually the criminals who are the most interested in leaving the scene without involving the police.
So I can see why many here would question this guys actions.
It is not said why the shooter left the scene. We do not know what was going on in his mind.
While I agree that it does look suspicious, what if he thought there were other possible friends of the perpetrator in the area?
Think of the above and as to why he failed to call 911? He got cold feet. Maybe realizing that the perp was already leaving the scene and if the DA has a known rep for prosecuting 2A supporters, he thought discretion was in order.
It is both hard to know what someone else is thinking and easy to second guess.
I believe he should get an attorney and turn himself in and try to salvage what he can.
Today Dallas NPR/KERA 90.1 FM is hosting a radio talk show about why the history of guns is critical in deciding the future of firearms and the 2A and is both fueling and settling decisions.
After reading Tennessee v. Garner, 471 U.S. 1 (1985) I stand corrected, however, as a civilian, which the shooter was in this case, and not knowing the facts of the case, I would not be able to form an opinion as to weather the suspect was a threat of death or bodily harm to myself or others.
I would not have taken the shot!
Possibly the most well known use of force case in the entire law enforcement community says differently
Tennessee vs Garner. It was already referenced above, but, as with many of our use of [lethal] force discussions around here do, this comes back to a keyword…imminent
Not maybe, not could, not but in the future might…imminent
From what I hear Houston has turned into a big shytehole place to live and gone back to the Wild West days there. Gonna take some hard men dealing out some hard justice to calm it back down. I know if I was on a jury for a shooting like this he would be a free man.
Even if you stayed at the scene and called 911, did everything perfectly, had a 100 witnesses on your side, had the bad guy confessing, had video evidence to back you up - there are prosecutors would would still try to vilify you anyway.
Sure, sure…but it’s still good to do the things 'right, that you can…because it’s about more than whether or not a prosecutor will try…I worry more about the outcome of a prosecutor trying.
Would not be a lawful shooting in Massachusetts, but Texas law permits the use of deadly force in a wider range of circumstances than does Massachusetts, so I wouldn’t presume to judge. If you ask me to guess, I’d say they’ll find him and a grand jury will decline to indict him. But no way would I have taken that shot. If it happened here in Massachusetts, not only would they indict, they’d throw the book at the shooter for cutting short the life of such a promising young lad, who was probably just turning his life around. My money would be on the shooter actually having saved lives.
Yes you can do everything right and still get vilified, prosecuted and/or sued. But the more things you do wrong the higher the chances of facing those negative consequences becomes.
If I’m ever faced with a self defense incident I hope I am able to stick to my planning and training and do things as by the book as possible.
This is a tricky issue. The robber put someones life in jeopardy while robbing him is wrong as we all know. We all could also see a grand jury attemptimg to prosecute the shooter…sad to say. Why, because already said,“He was a young man trying to feed his family!” Uhm, sure he was, then get a frickin job. Stop stealing from people and so on. Its really come down to who said what and how this robbers life was to where sokone is going to try and make him the victim. Totally sad and full of B/S imo. I agree the robber was leaving the scene but no one knows if he had friends around in a get-a-way car or what…who knows as most of do, that he would have done it again and again and again. Well know he wont…I’m hoping the shooter doesn’t get into trouble for trying to help out someone else. Its a 50/50 crap shoot for the shooter. Again, no one knows if there was a get-a-way vehicle or not, but we do know the robber would have done it again.
My thoughts go out to the shooter. He should have stayed and reported it to the police. He didn’t, looks bad on him. He did help save the taxpayers money on a trial…but know the same money could be spent if they catch the shooter. More than likely not a good time to shoot when they are running away…but I cant say I wouldn’t respond the same way.
Good write Bill,
You should stay at the location. Do not turn yourself into the bad guy! If he’s running away and no threat, you should aways go with your states law, to what you can do! remember deadly force on a what is threat.
But imminent is basically the future. Whether that is half a second or more. If the shooter thought he just running to cover to then rob or shoot someone else, especially himself because he had a gun out, then I would think he could get by with the imminent threat defense. Otherwise, there is not much defense anyone can give without being shot at first. That could be too late.
Imminent means ready to take place : happening soon, often used of something bad or dangerous seen as menacingly near. The word comes from Latin imminēre, meaning “to project, overhang”.
I would add, the perp had used the gun in a robbery, he didn’t shoot it but he used for intimidation.
The imminent argument, as @Nathan57 is using it, says I can walk up to a person on the street, attack injure or kill them, then say OK I’m done, you can’t do anything because I’m in retreat now, See Ya, and walks away. Around here I don’t think most people on the street see it that way.