That is not the same thing as an imminent threat. Self defense (or defense of another) isn’t punishment for what they just did. If their weapon, if their means and ability were driving the vehicle, and they have now exited the vehicle, it would appear that threat is no longer present.
This is how I read it. I am not a lawyer nor do I know what state this was in
Anybody know if we can view the video that was referenced?
True. That specific weapon is not currently in use. But the same person that just committed attempted murder is not retreating.
I hope he gets a good lawyer and a jury of his peers that own their own businesses. Peers that have dirt and grease under their fingernails and don’t wear shiny shoes everyday. Too bad he punched the guy to begin with.
Does the person standing next to a car, that the shooter had to advance on to make the shots, have to retreat in order to not be shot?
I’d like to see the video, based on the description and inferences drawn from that (I’m sure video has a lot more details), dude’s in hot water I’m not seeing a basis for a reasonable fear of imminent serious bodily harm or death.
Are you seeing it? Not what was already done, what the shooter is going to argue he was preventing
Is a person who gets a felony for drugs as a late teen going to be a criminal the rest of their life? They get to be labeled as a felon from then on.
Most states the legal age to buy alcohol is 21 because the human brain isn’t finished developing.
Is a person who just committed attempted murder seconds before gonna attempt murder again or was he getting out to apologize?
The video could shed a lot of light on the situation.
Hopefully the business owner is smart enough to hire a good lawyer. Yet he was dumb enough to punch someone…
On the other hand being a horse thief back in the old days was a pretty serious offense so maybe the dead guys beef was legitimate. If his car was towed and he’s arguing with the towing company he probably didn’t have an abundance of money to begin with. I could imagine he may not have had the funds to pursue his beef in the legal system.
He had something after he was punched but the evidence of that crime was probably easily deletable by the shop owner. Hell the video of Epstein dying was deleted…
Because law enforcement is almost non existent and criminals are let out within hours. When let out the bad guy now knows you’re armed and/or will defend yourself. The DA’s, police have just created an ambush situation. MHO…
So, after this blurb about some moron owner of some jerkwater tow truck company in Nowhere, USA that cold bloodedly MURDERED the driver of a car that got into a beef with his brother, why in hell didn’t the USCCA post an informational list OF ALL THE STATES IN THE USA that do, or don’t, have some citizen friendly "STAND YOUR GROUND LAWS, eh?
THAT’S SOME REAL SHORTSIGHTED STUFF USCCA so, once you’ve extracted your Hotel from your Alpha, why don’t you post some EXTREMELY VALUABLE INFORMATION like that for all of your loyal subjects, eh?
Thanks, Bob Stack
If the driver continued to use his car as a deadly weapon (For example, after the driver hit the brother and broke his legs and continued using his car to cause further harm to his brother by running him over or hitting him again) at that moment the owner could had used deadly force to stop the threat.
unfortunately in Mass you have a Duty to retreat, even inside your own home. This is totally unacceptable to me if someone is using force against you and with a disabled wife, well the law is just bs …
The owner was the initial aggressor. When the man started to drive off but returned and hit the brother with his car he became the aggressor, agrevated assault. When the owner came out (I Assume to defend his brother who is on the ground with a broken leg), and shot the man… It sounds like he was defending a 3rd party who was in no shape to defend themselves. I say this without seeing the video, the first 2 shots might have been warranted, but the headshot is probably what got him.
The fight never should have started in the first place!
Arkansas just got our Stand your Ground law in place last year. It is quite limited compared to Texas. They seem to have left gray areas where they can still prosecute if they so desire.
Even though it is limited, we are happy to have the new law in place.