Recent shooting justified? - Page 4
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Thread: Recent shooting justified?

  1. #31
    If the BG was leaving he was no longer a threat! Thats my opinion anyway. At that point the victim has the opportunity to seek help.

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  3. #32
    Also shooting someone in the back is in no way justifiable homicide. IMHO!!!

  4. #33
    Join Date
    Oct 2008
    Location
    Kalifornia & Idaho
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    1,052
    Also shooting someone in the back is in no way justifiable homicide. IMHO!!!

    It depends totally on the circumstances. There are lot's of justifiable shootings where the BG is shot in the back.
    Maybejim

    Life Member NRA
    Life Member CRPA
    Life Member SASS

    What you say isn't as important as what the other person hears

  5. bg fleeing

    I read once, (don't no what state it was), that armed robery is still in progress if he is leaving with your property. In that case the gg shot him in the back and no charges were filed.

  6. #35
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
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    2,388
    I would appreciate knowing where the imminent danger is once the BG is away from and walking away from the victim. It is not there and the BG has now been shot in the back---depending on state law and jury--who knows. In SC, if this occurred at night (only at night), you can effect a citizens arrest and, according to the law, use any means at your disposal including death, to prevent the BG from evading your arrest. Put simply, if this occurred at a Walmart in SC at night, you can shoot him in the back and kill him, once you have told him to stand there and wait for police.

  7. #36
    Join Date
    Nov 2009
    Location
    Charleston, South Carolina, United States
    Posts
    159
    I may be totally wrong here but here is my thought. If you shoot the BG in the back and he winds up dying I believe that you may have a very difficult time explaining to a jury how you were in fear of serious bodily injury or death. That is the ONLY circumstance in which SC CWP holders are allowed by law to use deadly force. On the other hand, if you are a good shot, and you should be, then you could shoot the BG in the leg and reduce is level of mobility and then have some folks sit on him, disarm him and wait on the police to arrive. While you are taking him down and he resists arrest and tries to use deadly force on you then you are again in fear of serious bodily injury and or death and would be justified in using deadly force to defend yourself. Any way you look at this there are a lot of variables and I would highly recommend that you consider a lot of things before you shoot someone in the back.

  8. #37
    Well folks, they dismissed the charges and he is free. Looks like the W.Va Courts sees it as justified.

    UPDATE 9/20/11 @ 6:30 p.m.
    LOGAN, W.Va. (WSAZ) -- Jesus Canul, better known as Jesse, was released from home confinement Tuesday after a murder charge against him was dismissed.


    Personally, its not justified to shoot someone in the back if they are no longer a threat. BUT... moron had what was comming to him. He shoulda stayed home and he would still be alive instead of robing someone.

  9. #38
    With all respect folks, I think we have gotten off topic here. The goal was to address if this was a justified shooting or not. I think we all agree that 1. We are not lawyers, and that our opinions are just that. 2. It is of the utmost importance to know the laws concerning justified use of lethal force in the jurisdiction you are in, as can be clearly indicated from the responses to the thread. 3. That, in general (if not always), use of lethal force is to be limited to the moments when you have a reasonable fear for your life being taken by an attacker. 4. That even though we have no doubt who the bad guy is and won't miss him, that this qualifies as an unjust shooting and underscores the reasons we all have to ensure that we know what we're doing and hold ourselves to such a high standard.

    I think we've covered just about everything here. The facts are the facts, and this is not a big game of "what if" or "create a scenario" for discussion. We can create another thread for that.

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