Recent shooting justified? - Page 2
Page 2 of 4 FirstFirst 1234 LastLast
Results 11 to 20 of 38

Thread: Recent shooting justified?

  1. #11
    Quote Originally Posted by tbrazzale View Post
    Agree, it would depend on WV law. I am not an attorney, nor do I play one on TV. In my opinion this is, based upon data provided so far, not a justified use of deadly force. In Florida, where I live, the use of deadly force is only justified if you have an immediate fear for your life (expanded castle doctrine defines a break-in while you are home as immediate fear). If the BG was going away and no longer an immediate threat than the shooting would not meet the requirements as I understand them for justifiable use of deadly force. Were he to have turned around and approached the victim again in a threatening manner, however, I believe it would.

    This is an example of those of us that are CCW licensed need to be well educated as to the legalities as we will be held to a very high standard. Errors on our part will be magnified by the gun right opposition in the media and used to further restrict the rights of the law abiding citizens legally protecting ourselves.
    Exactly. If that means letting a perp leave unmolested, then that is the way it shall be. (I WILL, however, take careful mental notes to give the Police a good description of the perp.)

    Fanatics of any sort are dangerous! -GG-
    Which part of "... shall NOT be infringed..." confuses you?
    Well now, aren't WE a pair, Raggedy Man? (Thunderdome)

  3. #12
    Join Date
    Jul 2009
    South Carolina/Charleston
    Most if not all answers very clear. Imminent danger to life or great bodily harm is the key. Guy is leaving, no more threat. As others have said, this is up to the prosecutors discretion for criminal charges which are very probable. Civil suits though will be something he also will have to worry about and the costs for same. If the criminal charges are not pursued and it is deemed a self defense shooting (I still want to understand where that comes from), in SC you are immune to civil suits. That does not mean you won't have to pay bucks for an attorney--everyone in this country can sue for anything and a shot in the back as the perp is leaving sounds very real civilly.

  4. #13
    Join Date
    Jan 2010
    Ellsworth KS

    My opinion, for what it's worth.

    Opinions are like a$$-holes - everybody's got one. My personal opinion is that the shooting was justified. However, it was probably not legally justified, since the bad guy was walking away. Of course, knowing what "sharp object" he was holding might make a difference. A knife and a freshly sharpened pencil, while both being sharp objects, are not the same thing.

  5. #14
    Join Date
    Jul 2010
    Houston Metro Area, Texas
    Walking away not justified, on approach "drop the knife out loud", pull weapon and cover BG ask for police, or let him walk away without your ID. This poor guy has problems.

  6. #15
    I would agree with most of the respondents: in my layman's (I am not a lawyer) understanding of the law, the shooter must be in imminent danger of death or great bodily harm (or fear for the life or safety of another) in order to use lethal force. When the perpetrator is leaving the scene of the crime, imminent danger has more than likely passed.

    Hopefully the shooter, if prosecuted, will find a sympathetic jury. As others have said, we are all pretty sick of being victimized....

  7. #16
    While we wait and see what else turns up (in cases like this, it may take until a trial (if there is one) before everything comes out, especially if the defendant acted wisely and lawyered up), here's some more legal food for thought. While the case is not necessarily squarely on point, in State v. Harden, 223 W.Va. 796, 679 S.E.2d 628 (2009), our state Supreme Court overruled its previous holding in Syllabus Point 6 of State v. McMillion, 104 W.Va. 1, 138 S.E. 732 (1927) ("Under his plea of self-defense, the burden of showing the imminency of the danger rests upon the defendant. No apprehension of danger previously entertained will justify the commission of the homicide; it must be an apprehension existing at the time the defendant fired the fatal shot."), which results in a more liberal construction of the "imminent" danger element of self-defense.

    Depending on what the evidence ultimately shows (and, most importantly, what Mr. Canul said to the police and others after the shooting--hopefully nothing other than "He robbed me and I was in fear of my life. I want a lawyer."), there are possible defenses of self-defense, defense of others (the bad/dead guy, who had just committed an armed robbery with a knife, could certainly be painted as a danger to the other people in the vicinity), and/or citizen's arrest (the WV case law that I've researched so far is rather sparse; other states are split on the propriety of deadly force to effect a citizen's arrest of a fleeing felon).
    James M. "Jim" Mullins, Jr., Esq.
    Attorney, The Law Offices of James M. Mullins, Jr., PLLC
    Founder and Past President, West Virginia Citizens Defense League, Inc.

  8. he could have fire lawfully if he belived that the subject was going to stab someone who was in his way.
    ( defence of others who he belived were in danger.) a armed felon trying to flee with a weapon with people in his way. like someone running in a store with a knife might use if someone trys to stop him. If i am on that jury he is free.

  9. The BG was leaving so as long as he did not turn back around and threaten the GG there would really be no threat at this point. GG is not justified in my eyes but that's my opinion and going off of our laws here in my state as I understand them.

  10. #19
    Bad shoot

  11. #20
    Join Date
    Mar 2011
    State of Confusion
    Sorry, not justified. It's a wallet for crying out loud. You're armed? So you get in your car and follow the suspect while talking to 911. Now this guy has a $50K legal bill coming over a stolen wallet. Even mas Ayoob will carry "throw-down" money to get the attacker away. Further, if the attacker ceases to be a threat and retreats you lose justification for defense.

    I recommend to all my students that they carry their CCW permit in a simple, plain ID wallet... not in their regular wallet. in some states you guns are registered on the permit. Now the BG knows where you live and what guns you own. Opens you up to home invasion.

Page 2 of 4 FirstFirst 1234 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts