Need opinion on a robbery situation.
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Thread: Need opinion on a robbery situation.

  1. #1

    Need opinion on a robbery situation.

    Heres a story I would like some info on.

    Recently my buddy and I were robbed at gun point by 2 guys while in my friends garage. They got a couple hundred bucks from us. I didn't have my gun with me at the time, unfortunatley. The gun man pointed the gun in our faces demanded money and when we didn't respond quick enough he fired a shot into the wall and said" he's not joking".

    Anyway we gave him what we had they took off and no one was hurt(Thank god). My question is that if I had my gun, I of course would not have been able to draw on him with his gun staring me in the face. But the moment they turned to run out I could have shot them in the back,would that be justified as self defense or being that they were leaving the threat is over? I keep having the scenario play over in my head on what could have happened. Any thoughts?

  2.   
  3. #2
    Bob nailed it. Once the treat is stopped, you can't use lethal force, it could turn to murder at that point. Thank god you and your friend are alright!
    "Si Vis Pacem, Para Bellum"

  4. #3
    Thanks for the advice.

  5. #4
    Some very good answers up there. Remember that your gun is to use in defense of yourself not to play LEO with. So often we here people say "If only I had my gun" but we have to think that what would we have done with a gun. Situatonal awareness is great but we should practice it with or without a gun. If the two fellows got the drop on you then it was too late to do anything with you gun other than have a shootout and probably get both of you killed. As stated earlier if they are running away then you are taking a big chance trying to shoot them in the back no matter how much Internet Legal advice you get. If a BG gets the drop on you and has you at gunpoint then that is not the time to try and play Chuch Norris, Barney Fife is more in order. Either way remember that your gun is for defense not offense and shooting a man in the back it usually going to fall into the offense category in most courtrooms, even in Texas unless you are extremely lucky.

  6. #5
    Join Date
    Feb 2010
    Location
    Santa Fe Area, New Mexico
    Posts
    3,487
    I would add that if you had been armed and the perp had rob you and turn to run. A Felony would had just been committed and intervention allowed under some States codes. I would check with your State for applicable application and intervention of a Felony stop by a citizen.
    I'm sure there will be rebuttal against this BUT it is a option. SC does have laws on the books to protect citizens IF and only IF a Felony is being committed. BE DAM SURE what a Felony is and be DAM SURE about your reaction.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  7. #6
    A turned robber is a threat as long as he is within range.

    A bank robber in Oregon took the money and as he was walking out, turned and shot a teller in the head!

    If you can justify shooting a criminal, it doesn't matter where you shoot them.

    Cowboy macho BS is just that!

    -Doc

  8. #7
    Thanks for all the replies everyone.I have never been in a situation like that before in my life.I am in Michigan and am going to research some laws here myself pertaining to this situation. I got a call from a Sargeant investigating this case yesterday, and says he has some pictures he wants me to look at. Hopefully they have a lead on this POS!

    A turned robber is a threat as long as he is within range.
    A bank robber in Oregon took the money and as he was walking out, turned and shot a teller in the head!
    If you can justify shooting a criminal, it doesn't matter where you shoot them.

    Cowboy macho BS is just that!

    -Doc

    Kinda what I was thinking but I know each states laws are a little different.Each situation has to be handled differently and carefully. My friends girlfriend was in and out of the garage that day and I thought of what they would have done had she walked in on that situation.Thank god no one was hurt.

  9. #8
    Join Date
    Sep 2007
    Location
    Cuyahoga Falls, Ohio
    Posts
    181
    Quote Originally Posted by Bob Loblaw View Post
    No way, you would likely be prosecuted for murder in that situation. Most states laws are written that you need to be under a present and immediate danger. If he has your money and is already running away, and you feel safe, then you are no longer justified.
    I don't know if this fellow is exactly correct. I saw on this forum, one time, a situation in a restaurant where the employees fired as the three young men retreated with their ill gotten gain and I believe one was killed and the prosecuter said that no charges would be filed against the employees. Of course the families of the three offenders were aghast at what happened to those nice young men....
    The Iceman, Akron, Oh
    Shoot straight and be safe...

  10. #9
    Join Date
    Oct 2009
    Location
    South Carolina USA
    Posts
    1,450
    I think you did GREAT!!

    IMHO; the more important thing to be concerned with is improving you situational "awareness".

    Ask yourself questions like what we may have done to prevent being robbed in the 1st place. (Keep the garage door closed and locked etc; maybe next time take turns moving around so at least one person can see any potential danger approaching.)

    Do an "honest" self-evaluation to discovey "WHY" these BG's chose "you" to be their victim.

    Remember the #1 rule of SD is "AVOIDANCE"
    (Do things that will help you "AVOID" becoming a victim.)


    Secondly; Be as "AWARE" as you possibly can to your surroundings.
    Good questions to ask yourself throughout your day to help maintain "Awareness" are-
    1. Where and attack may come from?
    2. How to be more "prepared" should the attack come?
    AND
    3. How to guard against an attack should it come?

    Finally; Do a pro-vs-con "ASSESSMENT" of your activities and your situational "AWARENESS" throughout your day.
    (This will help you "TRAIN your BRAIN" to better AVOID and remain ALERT to "possible" dangers.)

  11. Yeah, they could have shot you on the way out, I suppose. Let's assume their level of training is a good as yours... Next time you are at the range (if you are able to do this at your range) after you walk up range to check your target... start walking back, turn around and shoot at the target... Not aimed fire... just turn around and shoot. How'd that work for you?

    Now back to probablilities... they started heading off with your money... they are belting, or holstering, or pocketing thier guns. No threat... Can't shoot.

    Citizens arrest... most statutes contain the words "in commision of a felony" They are no longer in commision of the felony, that has already occured. They are walking away. Can't shoot.

    You had better be 100% certain of your legal rights AND obligations... In my state you can always be legally right, morally right, and civilly liable.

    In your scenario, if you had been carrying, your best shot was when he fired at the wall... and, he would have had to turn quite a bit to take his shot at the wall for you to be safe in drawng and making yours.

    In the end, it was a couple hundred bux. I carry "drop money" separate from my useful money... I'll give that to 'em... I may drop it... acting like I'm all flustered... if they go for it, there may be, if the opportunity presents itself, a gun pointed at their head...

    Never carry all your money in one place. Always have chump change to give away... It can save the day, give you an opportunity, or end the threat.

    Once you are certain of your engagement... be absolutely relentless... decisive... terminal.

    Carry on...

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