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  • indytechnerd

    Master
    Rating - 100%
    3   0   0
    Nov 17, 2008
    2,381
    38
    Here and There
    Here's a couple questions that bubbled up from the last couple pages (20 posts per page)...

    Frank, might need your thoughts on this. Where's Guy Relford when you need him, too?

    Say some punks have parked their rear ends on your car, blocking the doors. The question has been brought about responding to that, whether deadly force is justified.

    First question: If you draw and present your weapon, telling said punks to GTFO, could the argument be made that your means of retreating had been taken from you, since the punks are between you and your method of escape?

    Second Question: Say the events from Q1 have taken place, and the punks advance, thinking you're bluffing. You go all Bernie Goetz on them, minus the "here's another". Are you jammed up, or in the clear on this shooting?
     
    Rating - 0%
    0   0   0
    Jan 21, 2011
    1,781
    48
    Here's a couple questions that bubbled up from the last couple pages (20 posts per page)...

    Frank, might need your thoughts on this. Where's Guy Relford when you need him, too?

    Say some punks have parked their rear ends on your car, blocking the doors. The question has been brought about responding to that, whether deadly force is justified.

    First question: If you draw and present your weapon, telling said punks to GTFO, could the argument be made that your means of retreating had been taken from you, since the punks are between you and your method of escape?

    Second Question: Say the events from Q1 have taken place, and the punks advance, thinking you're bluffing. You go all Bernie Goetz on them, minus the "here's another". Are you jammed up, or in the clear on this shooting?


    If you shoot anyone for any reason, then you are jammed up. Sometimes it works out, sometimes not. Even a police officer gets jammed up with a duty shooting (even if they get less jammed up than you would get, The presumption that they know what they were doing and all)
     

    Fixer

    Expert
    Rating - 96.4%
    26   1   1
    Nov 22, 2009
    1,157
    63
    Fort Wayne Area
    Here's a couple questions that bubbled up from the last couple pages (20 posts per page)...

    Frank, might need your thoughts on this. Where's Guy Relford when you need him, too?

    Say some punks have parked their rear ends on your car, blocking the doors. The question has been brought about responding to that, whether deadly force is justified.

    First question: If you draw and present your weapon, telling said punks to GTFO, could the argument be made that your means of retreating had been taken from you, since the punks are between you and your method of escape?

    Second Question: Say the events from Q1 have taken place, and the punks advance, thinking you're bluffing. You go all Bernie Goetz on them, minus the "here's another". Are you jammed up, or in the clear on this shooting?
    If they are advancing on you with your gun drawn then I would be in fear for my life and be forced to defend myself. If you run you may just end up with a bullet in your back. Besides I am too old to run with 2 bad knees!

    I would avoid the words deadly force.
     

    Bang-bang

    Sharpshooter
    Rating - 100%
    7   0   0
    Jul 1, 2011
    723
    18
    Indy/Homeplace/Carmel
    The only physical altercation that would occur if you slapped food off my plate would be your hand being stuck to the table with a fork or knife. I take my food intake seriously and nobody better come between me and a meal.


    Ditto, many SMART people know to keep your hands away from my food. It will get ugly, fast. Touch any part of me , plate, hand, coat. And you will be needing help. . Sounds like some would not stop a crime .
     

    shibumiseeker

    Grandmaster
    Rating - 100%
    52   0   0
    Nov 11, 2009
    10,767
    113
    near Bedford on a whole lot of land.
    The only physical altercation that would occur if you slapped food off my plate would be your hand being stuck to the table with a fork or knife. I take my food intake seriously and nobody better come between me and a meal.

    BTDT. Also damn near broke someones wrist when they did it and my reflex at a hand coming towards me was to take the hand and put it in a joint lock.

    I'm a big advocate of live and let live, but what the punks did in the OP was assault. And just so people like Burnsy are clear on this, the legal definition of assault is the fear of harm, and that does not mean that battery (actual touching) has to take place, so the act of preventing the OP from enjoying his property in a place and manner he has a legal right to is a criminal act.

    We have the classic legal defenses for self defense which is that the threat must be imminent and the assailant(s) must have the capability. Further, Indiana has not duty to retreat, so the OP is justified in defending himself and his family. Had he injured any of the criminals would he have had a bad day ahead of himself? Maybe. But we as a society cannot and should not tolerate criminals intimidating people. That's not about "chest puffing," that's about social responsibility.
     

    mydoghasfleas

    Expert
    Rating - 100%
    13   0   0
    Nov 19, 2011
    1,082
    38
    Undisclosed
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."

    The OP was unwilling to give up his personal liberty (ie sitting at a public area and having a picnic with his family) for TEMPORY safety. Good for him.

    Burnsy, hate to say it, but with your way of thinking you deserve neither liberty nor safety.

    Not only that, but will this type of thinking results in the loss of liberty and safety.

    He worked to pay for his food, it represents his time and effort and is threfore his liberty along with the tax money used to pay for the use of the park.

    The act of walking away encorouges this type of behaviour and ends with all of us being less safe.

    When we look so hard at the letter of the law to determine our actions rather than using our morals and common sense, we end up lost and immoral, having to check with the code book to determine or decide the correct course of action.
    Even worse, you will raise and impress upon the next generation to be dumbed down, blind and unquestioning followers of laws which violate liberty rather than protect it.
     

    Rey B

    Sharpshooter
    Rating - 100%
    1   0   0
    Mar 25, 2008
    363
    18
    John Bernard Books (The Shootist):
    "I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I expect the same from them."
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    I am sure you can use force of some sort, such as words and fists, but your quoted IC's do not include deadly based on the the circumstances you quoted me on.

    The only problem is that you assume I've only got two options: sit and watch them steal my car or resort immediately to draw and fire.

    I can tell you right now I'm not taking the first option.

    Sorry 88GT, no offense meant.

    None taken. I wouldn't even bother making the correction except that I don't want others laboring under a mistaken notion that could potentially influence what is said. And it explains some differences in my responses that might otherwise be met with a raised eyebrow were it to come from a man.
     

    2A_Tom

    Crotchety old member!
    Site Supporter
    Rating - 100%
    3   0   0
    Sep 27, 2010
    26,340
    113
    NWI
    If it makes you feel any better about whether or not we show up I took a stolen vehicle report at 12:25 am Sunday night/Monday morning and found the vehicle at 1:47 am.

    How often does that happen. I once rolled a strike.
     

    2A_Tom

    Crotchety old member!
    Site Supporter
    Rating - 100%
    3   0   0
    Sep 27, 2010
    26,340
    113
    NWI
    I finaly read every post.

    Ralphie (eye out) you done good kid. Better than I would have. Iwill go back to OP and rep you.:yesway:

    :noway:Frank (burnsy) you always did want a nic name. You ARE condescending. You are absolutly wrong and have taken many of the OP's words out of context. He offered the shared use of the shelter and the aggresser escalated. Eye saw where it could have gone and de-escalated, by loosing his dogs. Had he sat his ground (crippled) and tried to stare down his adversary could easily have made a furtive move toward his wife or him. Which in his condition could have aroused a fear of imminent bodily injury thus justifying the use of deadly force.

    He did not believe that loosing his dogs was use of deadly force. He was right. The dogs did no harm. May be in the future he will think differently, I don't know and neither do you. D#%= hypitheticals. My dad always said, if the dog hadn't stopped to s***, it would have caught the rabit.

    Mr Stein that really was not meant to disparage you or your department.:D
     

    Frank_N_Stein

    Grandmaster
    Rating - 100%
    79   0   0
    Nov 24, 2008
    10,284
    77
    Beech Grove, IN
    How often does that happen. I once rolled a strike.

    I try to make it happen as often as I can. I look for every stolen vehicle that is taken on my district when I'm working. Sometimes I find them, sometimes I don't.

    Mr Stein that really was not meant to disparage you or your department.:D

    Are you sure? :)

    By the way, "blue falcon" means buddy ****er in the police world. ;)
     

    jgreiner

    Grandmaster
    Rating - 100%
    1   0   0
    Jul 13, 2011
    5,099
    38
    Lafayette, IN
    Doesn't surprise me in the least. I had 4 teen mails eyeing my SUV last summer while I was filling it up with gas. This was at 2 in the afternoon on a SATURDAY, across the street from the city school. One of them slipped a knife from his pocket. They were whispering, looking at me. When they were about 25 feet away, I turned my left hip out so they could see my 9mm (I was OCing), I drew it, and they scattered like roaches.

    Kids today have zero respect for adults. That comes from a lifetime of indulgence for them.
     
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