Justified or Something Else

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  • Twangbanger

    Grandmaster
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    21   0   0
    Oct 9, 2010
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    The video is crappy, but hypothetically: if little guy goes "hands on" after the first shove or punch...then starts to lose...does he still have legal justification to use the gun?
     

    Route 45

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    95   0   0
    Dec 5, 2015
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    Indy
    There could be any number of scenarios that led to the fight. Little guy looks like he wanted the altercation-that smug look on his face tells me he did something to start the entire thing. I am a very big person (I dwarf the big guy). I have a lifetime of Napoleon stories where I have to deal with people like that. They usually earn the bruises they get. If the fatal shot was in the back I would say it's murder no matter the back story. Your life is not being threatened by someone running away. If it is in the front, I would not love my chances in court. A shove isn't deadly force. Sometimes, a man has to take his beating. If the little dude instigated the fight, its murder either way.
    Welp, there it is. The dumbest thing I'll probably read all day. Maybe all week, but it's Monday, so who knows?

    :):
     

    HoughMade

    Grandmaster
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    0   0   0
    Oct 24, 2012
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    Valparaiso
    Welp, there it is. The dumbest thing I'll probably read all day. Maybe all week, but it's Monday, so who knows?

    :):
    I wish I could say that.

    As to this case, in the just the OP video, I would lean towards justified as to the initial shots...

    Without some human factors analysis, I can't say a shot in the back is unjustified the moment the trigger is pulled.

    HOWEVER, without context of how the altercation started, I can't take a firm position. This is the inherent issue with video evidence. It is not uncommon in the least for whoever releases the video to only show what most supports the conclusion they want people to reach.

    Anyhoo, it's clear that they had not yet partaken as there is way too much aggression for persons who are nicely toasted.
     

    Twangbanger

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    21   0   0
    Oct 9, 2010
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    Welp, there it is. The dumbest thing I'll probably read all day. Maybe all week, but it's Monday, so who knows?

    :):
    Remember the video of the two guys squaring off on the front porch, and the big guy laying face down in the dirt to wheeze out his last gasps while his wife yaps out the car window at the guy who just shot him?
     

    Denny347

    Grandmaster
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    21   0   0
    Mar 18, 2008
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    Napganistan

    MCgrease08

    Grandmaster
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    37   0   0
    Mar 14, 2013
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    Earth
    It's not that "I" say so. It has been proven that shooting someone in the back DOES NOT necessarily mean a bad shoot. It's a common TV myth that seems to have bled into real life.

    This

    It's not about where you shoot someone. It's about why you shot them.
     

    KJQ6945

    Grandmaster
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    4   0   0
    Aug 5, 2012
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    Texas
    It's not that "I" say so. It has been proven that shooting someone in the back DOES NOT necessarily mean a bad shoot. It's a common TV myth that seems to have bled into real life.

    I went to the academy 5 years after Garner vs Tennessee. We were kind of hesitant to shoot someone that wasn’t facing us then.

    A few years later, went to serve a warrant on a murder suspect, over on west Morris, around Rhodius Park. He bailed out a second floor window and got away, Briefly.

    After the perimeter was released, an IPD guy found him. He was shot when he attempted to flee.

    It was a good shoot. 12 hours earlier he stabbed a girl to death, 30 plus times, and had made several threats to others. Allowing him to escape was a serious bodily threat to other people.

    Shot in the back, and was ruled a good shoot in Marion county.
    There are no hard and fast rules people. Circumstances matter.
     

    ECS686

    Master
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    4   0   0
    Dec 9, 2017
    1,999
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    Brazil
    If you say so.
    There can be several scenarios where a shot in the back is justified. There have been cases where peeps continued firing while running away, a shooter that shot anything up that is fleeing and still a ranger with a firearm the there is the OODA loop as well.

    It’s not uncommon for even a shooting that starts face to face to have the perp get a couple hits in the back. A human body can turn to flee in the fight or flight mode pretty quick. One or three hits can be explained away under that 8 probably can not! That has been proven even in liberal LA county with an LEO

    So that whole TN Gardner thing was a simple fleeing felon not someone that was actively engaging and still a threat.

    As far as this case and what I have actually seen in court and updates from FLETC when I was active the couple shots when he were going could “could” possible be explained away.
     

    ECS686

    Master
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    4   0   0
    Dec 9, 2017
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    Brazil
    The video is crappy, but hypothetically: if little guy goes "hands on" after the first shove or punch...then starts to lose...does he still have legal justification to use the gun?
    If he wasn’t the initial aggressor and as it looked was simply defending.

    Going hands on back at the dude and then plan B (in this case a gun) when starting to loose (and getting smashed against a fixed object we aren’t talking about a simple black eye or tooth knocked out) is no different than what the use of force continuums have shown and wether Officer or civilian it applied. Only difference is a civilian isnt taking anyone in custody. Like I’ve said before they are just simply trying to break contact and the BG change his mind!
     

    JCSR

    NO STAGE PLAN
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    0   0   0
    May 11, 2017
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    Santa Claus
    I've always been a small guy and I've seen plenty of big guys intimidate small guys in the workforce and outside of work. I think in this thread we've seen a fellow member attempt the same thing. :nono:
     

    Judamonster

    Marksman
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    2   0   0
    Jul 19, 2022
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    While there may be some instances where a shot to the back is justified (assailant is running to better cover, a loaded firearm, another victim, etc.), this video does not clearly show any of those things. To me it shows an assailant become a victim. I am commenting to this video and not alternate scenarios.

    I do know I would not have shot in this instance. I would like to think I would have been able to deescalate and as quickly as possible remove myself from the situation. I also know I won't go online and say anything anyone else says is dumb.
     
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