Very unfortunate, indeed.
2 Likes
Since this was a retail theft and from what I saw in the video footage couldn’t he have gone into the office and called the police instead of engaging the robbers?
At the same time though two robbers against one store owner is disparity of force and NV is a SYG state.
5 Likes
For me, hard to call it disparity of force… at the moment of attack the other robber was already far away, leaving the store.
Anyway… this is really interesting case… I’m wondering if there is any legal interpretation available?
2 Likes
At the moment it was disparity until the smart one ran out the door.
I didn’t see any weapons being presented by the robbers, the dummy that hopped over the counter had his back to the store owner. The store owner went stabby stab after him/she/it.
Well, I’m sure the news will report that an unarmed Antifa member was stabbed by an Ultra Maga.
4 Likes
There is no disparity of force when the store owner closes distances to go after the one guy.
Jerzy’s screen shot shows it perfectly.
One guy looking away grabbing stuff off the shelf, the other guy 3/4 of the way out of the store heading for the door back turned on the other side of the counter and apparently unarmed…it’s a stretch IMO even call it 1 on 1 but no way it’s 2 on 1.
<—Not a lawyer so who knows
2 Likes
Before any thing happened the store owner was at the register with his hand on the knife and there were two people on the other side of the counter.
After the first one ran out, I agree, it was not.
2 Likes
Which is what matters (the time when first guy is practically out the door bugging out), because, that’s when shop owner went all stabby.
Although I don’t see justification for lethal force when they are just standing there motionless empty handed on the other side of the counter, either.
2 Likes
That was quoted already in this thread:
“… is necessary to defend the individual or another individual against the imminent use of unlawful force.”
So far, all the interpretations of imminent meant at this moment, or ready to happen.
At the moment or stabbing, there was no other person even close to them.
2 Likes
Actually, the guy in the white shirt was asking for directions to the nearest bank.
The guy in all black that hopped the counter really need to use the bathroom.
They were both wearing masks because someone on FB told them there was an outbreak of Monkey Pox.
8 Likes
My two cents-. If store Clerk let those two rob him. I feel that those two will bring friends because they feel confident that Clerk will do noting. (easy target.) I find it strange we have laws to protect criminals. What do I know? I watched a guy probably trying to keep his story open after covid and get back on track with his business. I am living in the twilight zone.
3 Likes
There needs to be an option between “nothing” and lethal force.
If lethal force is literally the only option you have other than nothing, you’re doing it wrong.
1 Like
Maybe you could send him a membership to USCCA. Any one else see the 3rd guy in black holding the door?
2 Likes
Or we live in a time in America when everything is upside down and so fuc@##$. Maybe deadly force is needed when you have those willing to steal, rob, mug, sucker punch, or all the other bad crappy things happing in our America.
The video tells the story of the America we are living in now. In my opinion.
5 Likes
I have so much respect for Sheriff Judd. We have voting primaries in WI. tomorrow and a new Sheriff is on the ballot. We will chose wisely.
6 Likes
There was a robbery in Richmond, VA, about a decade or more ago at a Baskin & Robbins (no pun intended)where a career felon robbed the store. He pointed a firearm at the clerks and forced them into the freezer. As he was leaving, one of the clerks took a handgun and began to persue him. On the sidewalk, the clerk engaged the perp and shot him as he was fleeing. One or more shots hit the criminal in the back. He died from his wounds. It turned out that the firearm he used was a bb gun. The grand jury that was convened did not charge the clerk.
Were the clerk’s actions legal? Based on criminal law, no. Was he justified? Not likely. However, being forced into a sub-zero freezer without protective clothing is deadly. The clerks were fortunate that the criminal did not secure the door before fleeing. Based on that, would you be of a mindset to not attempt to exact “punishment/revenge” on someone that attempted to murder you? Would you not want a Grand Jury to review the totality of events and the motives of the persons involved?
2 Likes
I would not “exact revenge” by chasing down and choosing to re-engage.
This incident you just described has a very different totality of events than the one being discussed here.
3 Likes
Not exactly, as you claim the clerk was not in harm’s way when he engaged - exactly like when the clerk engaged the perp on the sidewalk.
Was the other accomplice going outside to get a weapon?
3 Likes
At the time, there would be no way to know.
A better question when evaluating the use of force would be:
Was there a reasonable indication that the accomplice was going outside to get a weapon?
Followed by, if there was a reasonable belief that the accomplice was going to get a weapon, would that belief justify stabbing the apparently unarmed guy paying no attention to you that is inside the store as a way of stopping the other guy who was leaving the store from getting and returning with a weapon?
3 Likes
A simple search.
3 Likes