Yes. I was very close to such situation.
Friend of mine was robbed and beaten by 3 guys. He called me after the encounter, asking for help and I spend few hrs with him at emergency room. In the hospital we were approached by investigating LEOs and they told me that helping with the firearm will be justified.
Just to be clear - all happened in Chicago…
However, you must be prepared for a gunfight. During the hearing I found out that a handgun was found on one of the attackers once they we arrested next day.
I think you could make a good case for it around here…
From: Effective 5/4/2022 76-2-402.Force in defense of person – Forcible felony defined.
(b) An individual is justified in using force intended or likely to cause death or serious bodily injury only if the individual reasonably believes that force is necessary to prevent death or serious bodily injury to the individual or another individual as a result of imminent use of unlawful force, or to prevent the commission of a forcible felony.
Defending others is the same as defending yourself. The only difference is that you must be sure you are defending the correct person. If you do not have any idea who initially was the aggressor it is better to avoid confrontation with firearm and avoid criminal charges.
The beating only stopped because a passerby with a firearm “ordered them to stop” beating on Smith
Makes me wonder how long it took before a passerby intervened
I would at least be on the phone calling 911, at a good distance but close enough for the thugs to be made aware that I’m calling the cops.
Distance so I could increase my chances of getting to safety without drawing my firearm if they decide to attack me.
It doesnt matter who was the original aggressor, once the person is on the ground and being beaten to death.
While they are fighting - call 911, do not intervene personally, stay out of trouble.
Once fighting becomes murdering - one is justified in using a weapon to stop it.
As John over on ASP says: kicking someone to the head is aggravated assault likely to cause great bodily harm. Check your state laws to know for yourself. Also usually 2 or 3 one 1 is disparity of force.
I just watched yesterday a video of a gang (about 15 kids) of 13 yo kids getting out of school and coming onto a guy’s porch, beat him up and put him in the hospital. I would have a hard time slinging led at them. Because you know for sure you will be arrested, tried and convicted. All the parents crying on TV; my boy was a good boy, went to church every Sunday, never sold any drugs….blah blah blah.
It’s not always black and white when fighting becomes murdering. And with 3rd party confrontations you can’t always be sure who is the instigator and who is the victim. There have also been more than a few cases where one or more persons were beating another person up and when someone steps in to stop it the “victim” joins the “attackers” to start beating up the person who tried to break up the fight.
Was the older man a drug dealer who ripped the teens off? Did he beat up one of their friends earlier or rape their sister? I’m not so sure I want to get in the middle of something when I don’t know what started it.
So folks can call me a “be a good witness wimp” if they want to but I am very leery of getting involved in third party conflicts where I can’t be certain who the real victim is. I’d be calling 911 in this case and maybe yelling at the teens that the other guy has had enough and I’m calling the cops if I felt it was safe to do so.
Exactly right. ASP was mentioned above…he has hypocritically had no problem with a group of people beating the crap out of someone partially conscious on the ground as some kind of a lesson/justice/whatever…exactly the situation some people are going to walk up to and start shooting. But then the video is going to come out and, well, you’re maybe going to prison for that shooting.
Getting involved in a third party scenario involving lethal force in particular, just remember…it needs to be worth your life or freedom. You need to be sure enough about the situation that you are willing to lose your life or lose your freedom over it if you are going to reach for lethal force.
There is merit in your approach, and especially if you are with your kid, etc. vulnerable person if you become the target. Still, I’d like the law to do justice, not the fists and boots of 3 “teens” (for sure, large strong males)
How about if there were 5 “teens”? How about 15? There have been 2 recent incidents of , I have no other word to describe it, lynchings after school. Would you be content delegating to 911 if you witnessed this?
Not sure how I am going to stop 5 teens let alone 15. If they are beating up on a clearly innocent young child or old lady I would likely have a hard time keeping myself from responding. But what good does it do if I’m dead on the ground as well and there is no one left to tell the authorities who did it and which way they went?
Also in the case of say the 15 kids beating up the one kid. What if that one kid had just pulled a gun in an attempt to become a mass murderer and the other kids were stopping the attack? Things aren’t always what they seem at first glance. It can be dangerous for everyone if we respond to situations where all the facts aren’t known.
An aggressor starts the fight, get’s knocked down and incapacitated (no longer a threat). You step in to stop the group from killing the aggressor, they turn on you, you defend yourself?
Think about sitting on that jury.