Understand the rationale, but still got me thinking...

[heavyhitter1k]

So, when you are in fear of your life, you are allowed to take lethal force for "self defense".

In the case of the 80 year old man who shot the pregnant woman, she fled and he shot her anyway...in the back.

My question becomes, I understand them fleeing basically makes it no longer self defense as they are no longer a threat, but I think it's kinda crappy if someone is beating you down or you are in a situation to a point of using a firearm, if they turn their back and run the instant the firearm is pulled you could be liable because it's not self defense?

I guess, I am just unclear at what point an aggressor no longer becomes a threat just because they suddenly become "outgunned" and turn to run or whatever.

Clarity?

 

[Thor]

Every situation is different. Is the battle over because the enemy is changing positions? A tactical withdrawal by the bad guys does not mean it's over. Are you still in fear for your life? Should you give them every chance to come back at you with the advantage?

This thread is a dupe though.

 

[ModernGunner]

Did they "turn to run", or are they simply retreating as a tactic to 'approach from a different flank', to return at a later moment when the defender is less prepared and / or 'unaware', or simply to attack an 'easier' target next door or down the street.

The concept is, and should be to stop the attacker, not provide the BG with a 'better opportunity'.

 

[MisterChester]

I guess it isn't impossible to prove that they weren't retreating, but it won't look good to a prosecutor and a jury.

 

[TheSpark]

I do not believe he should be charged. I agree you have to worry about them running to their car to get their own weapons or something. However, the line does have to be drawn somewhere I guess.

 

[Thor]

And I think that line was crossed when they broke into his house and tried to beat the crap out of him and steal his stuff...game over.

 

[ViperJock]

Wouldn't it depend a lot on location as well? If they are still in your house vs running a block down the street? I personally would not leave my house since I consider that a strategic error. --you leave a known environment for unknown. You don't know what friends the assailant has waiting outside or if another armed citizen or LEO will confuse you for the bad guy. IMO once they leave the house let them go. I'd watch them leave to make sure they were gone and I would stay on high alert until the cops get there. IMO that girl may have had it coming but she got murdered just the same. If I was on the jury he'd go to jail.

 

[jbombelli]

I guess it isn't impossible to prove that they weren't retreating, but it won't look good to a prosecutor and a jury.

Depends on the jury. If i'm on it he walks.