fiasconva
US Veteran
Update: One of the other customers in the store has established a Go Fund Me page for the shooter to help pay for his legal expenses. Just goes to show you just how grateful they are to him.
Lone rangers generally shoot straighter than sworn good guys.
I thought the article I linked to concerning the 2007 shooting in Richmond might prompt some more discussion of the recent shooting in a 7-11 in Virginia Beach but I guess folks have moved on.
By the way, I see no updated news reports on the incident, so it appears the authorities are still investigating.
By no means did I mean to imply that the 2007 shooting by the ice cream store manager was completely justified, I just wanted to show that you never know what the aftermath of a citizen involved shooting death will bring.
Most folks I talked with at the time thought the ice cream store manager should have been charged with a crime, after all, he continued to pursue and fire at the robber after he (the manager) was no longer in danger. I was surprised that the grand jury refused to indict him.
Read the article if you have time. Seems to me it has lessons about what NOT to do after a suspect has fled. Here's the link again:
http://smith-wessonforum.com/redire...cle_79708249-3b6f-5fda-b29c-be1de2fc7edb.html
I suspect that the reason the grand jury refused to indict the store manager was that the deceased was a career felon.
A case near me some time ago... a guy got into it with a neighbor, neighbor assulted him at his front door... both men tumbling down a half flight split level stairs. Guy draws a ppk/s and fires at neighbor as neighbor turns and runs out of guys's house. Guy follows him into the street and fires again, striking neighbor who dies. The guy claims self defense, is convicted anyway and sent to state prison.
I see so many cases... where defender carries it into the street while perp is fleeing. I feel that taking up a cover position to make sure perp is gone, renderng first aid to any injured, calling 9-1-1 is the correct action.
...should you chase somebody out into the open and fire down the street after them.
Well, if they're carrying my kid or heading up my driveway to my car . . .
One of the problems with "never . . . "
Excellent news!Announced today will not be charged.
Announced today will not be charged.
A case near me some time ago... a guy got into it with a neighbor, neighbor assulted him at his front door... both men tumbling down a half flight split level stairs. Guy draws a ppk/s and fires at neighbor as neighbor turns and runs out of guys's house. Guy follows him into the street and fires again, striking neighbor who dies. The guy claims self defense, is convicted anyway and sent to state prison.
I see so many cases... where defender carries it into the street while perp is fleeing. I feel that taking up a cover position to make sure perp is gone, renderng first aid to any injured, calling 9-1-1 is the correct action.
In my state you can't use deadly force to defend property. And I wouldn't want to anyway.
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Even without the pursuit into the street, the guy might have been on thin ice legally in drawing and firing. Could be seen as an escalation from non-deadly force (the fist fight) to deadly force; doesn't help that in your telling the (ultimately) dead guy was first fired upon as he turned and ran away.
My best recollection is that the assailant was believed to not have been hit by the initial shot. I don't know if the fired slug was recovered. The testimony was that the action was very fast... the assailant may have been facing him when the first shot was fired but struck him in the back as he was turning (to run). If the first shot struck him, it might have been arguable had he not followed him into the street.
Update: One of the other customers in the store has established a Go Fund Me page for the shooter to help pay for his legal expenses. Just goes to show you just how grateful they are to him.
I always told my guys that anyone out in the middle of the night is either delivering newspapers, a taxi carrying a drunk home, the cops or someone that is up to no good...
The only reason for a civilian to shoot and kill someone is if he/she believes their life is in danger or their family's life is in danger. If I were in a convenience store and it was being robbed, it's very well likely I may fear for my life. I will NOT give them the chance to kill me first- I'll take care of things the best I can and worry about the consequences later.I agree it's unclear if the armed citizen perceived there was an imminent threat of death or serious bodily injury and that's a critical item as VA is an affirmative defense state. "No one points a gun at me and gets away with it" isn't a statement I'd choose to make before shooting someone in that legal environment, it implies that the motive may have been something other than an imminent threat.
IMHO, the armed citizen in question is very lucky that there were other bystanders who witnessed the robbery and shooting and are hailing him as a hero.
It could have been spun much differently. One of the suspects had a CO2 pistol that looked like a firearm. The suspects are also believed to have committed other robberies that night and on recent nights - robberies where no one was hurt, suggesting there was no risk of the victims getting shot, and thus no imminent threat. VA does not allow deadly force in defense of property, and certainly not defense of someone else's property.
To be fair, none of those facts were clearly known to the armed citizen at the time. None the less, a police chief with an aggressive anti-gun agenda, or a state's attorney with a similar anti-gun agenda could have resulted in the armed citizen being arrested and charged. Parts of VA are pro-gun, other parts are clearly anti-gun.
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In any self defense shooting, if you add in some Monday morning quarterbacking, throw in a healthy pinch of anti-gun public outcry, and stir it with an anti-gun political agenda, you have a recipe where a well meaning armed citizen can easily end up in criminal or civil court.
With that in mind my first line of self defense is avoiding situations that require me to employ any other methods of self defense.
IMHO your feelings don't take into account that everyone knows that every stop-n-rob has video surveillance. My feelings therefore are:In looking at this event, I think that we all tend to ask ourselves, what would I have done if that was me. Prior to becoming disabled, my part-time job was as a Sunday newspaper truck driver, and I had to enter stores like this.
Now that I can carry outside of my home state (if I found myself in that situation today) is that whether I got involved was dependent upon how smart the robber was. My feeling would be:
a) robber wearing mask - smart person not intending to kill witnesses
b) robber not wearing mask - intends to leave no living witnesses
c) robber is jittery (whether wearing a mask or not) - someone is going to get hurt
My take on this could be wrong, but that would influence my actions. However, my plan of action would change the moment he/she starts shooting.