Robber sues store he robbed - Page 2
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Thread: Robber sues store he robbed

  1. #11
    Join Date
    Oct 2009
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    Paw Paw, MI
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    126

    location location location!

    Sounds to me like the threat was over if the D-bag was trying to flee. If there was no one between him and the door/exit, and he was actually "fleeing", then deadly force would not be authorized. The clerks were justified in using deadly force while their lives were in danger, but if he was headed for the door and shot in the back.... not good for the clerk.

    I'm a MI resident and am under the impression that we ARE covered both criminally and civilly. The difference in this case is that, the way it's written, the threat was already over. This sounds more like a retalliation shooting. "My life's not in danger NOW but was a minute ago, and for that, I'm going to shoot you". As much as our emotions may justify that, the law doesn't. I wish, for the clerk's sake, that he could have shot the robber WHILE actively threatening someone.

    Then again, maybe there was another innocent between the BG and the door. If it was believed that the BG would do harm to the person between him and the exit, then there's a chance in it being considered justified. Otherwise, unfortunately, this doesn't look good for the clerk.

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  3. #12
    Don't know about SC but in Texas you can shoot a fleeing felon. Back, front, it makes no difference
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  4. #13
    Quote Originally Posted by billwot View Post
    Castle Doctrine laws protect you against criminal charges being filed against you. Unfortunately, they offer no protection from civil actions.

    I have read in Ayoob's columns many times that if you shoot somebody, no matter how justified, you WILL be sued. Our CC instructor (40 years as a LEO) said the same thing.

    Your best bet is to kill the BG, and hope he has no living relatives or dependents.

    bill
    TN's Castle Doctrine bill (Passed Apr. 2007) included a provision that disallowed ANY civil suit if found legally justified in using deadly force.
    Victory rewards not the army that fires the most rounds, but who is the more accurate shot. ---Unknown

  5. #14
    Join Date
    Sep 2007
    Location
    Indiana
    Posts
    4,678
    I hope that his suit gets tossed and that the judge laughs him out of court. Seriously, more robbers ought to run into resistance like this just so they can see that their occupation is not a safe one to be practicing.
    Any society that would give up a little liberty to gain a little security will deserve neither and lose both.

    Benjamin Franklin

  6. #15
    Join Date
    Sep 2009
    Location
    Eastern North Carolina
    Posts
    268
    Well, I'm pleased to learn that the Castle Doctrine in at least some states does protect the GG from civil action. Thanks to the several members that posted info about the specifics of those states.

    bill

  7. #16
    That is what I love about Florida,

    Florida "Castle Doctrine" Protects the Innocent

    Puts Judiciary on the side of crime victims
    News media gets it completely wrong


    On March 23, 2005, The Florida Senate passed SB-436, the "Castle Doctrine" unanimously, by a vote of 39 YEAS to zero NAYS. They know something about this bill.

    On April 5, The Florida House passed SB-436, "Castle Doctrine" by a vote of 94 YEAS to 20 NAYS, a margin of better than four to one.

    On April 26, Governor Jeb Bush SIGNED SB-436, the "Castle Doctrine" into law (Chapter No. 2005-27) It takes effect on October 1, 2005.

    The news media nationwide started in immediately with its “Gunshine State,” blood in the streets, Dirty Harry, vigilante, irrational mass murder nonsense, mythologies, lies and blatant unethical behavior.

    A great deal of erroneous information has been written, published and spoken about Florida's new "Castle Doctrine" law.

    Claims that the new law will turn Florida into the Wild West are not only an insult to intelligent people but give a patently false portrait of what the bill actually does.

    The Florida "Castle Doctrine" law basically does three things:

    One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

    Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]

    Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

    It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

    In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.

    SO -- is this the impression you got from the news? Why not? Aren’t media people impartial purveyors of objective facts, with no bias or spin, faithfully and accurately reporting the news? Everyone who believes that’s an accurate description of the news media please raise your hand. See? No hands go up. Despite their protests otherwise, the news media has, in general, and especially with respect to gun issues, become an outrageous purveyor of agenda-driven nonsense on the dark side of the force.
    [

  8. #17
    what a crock of garbage, i wish they would just throw it of court.i am so tired of hearing about cases like this.very san indeed

  9. #18
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    Hey y'all: gotta agree with Glock Fan--you cannot shoot the perp in the back; as much as all of us would like to and I could not agree more, the threat is over and the use of a weapon is not called for anymore. As most have said, many states eliminate civil liability as a possibility in their CCW laws--in this case you get into the issue of whether the store owner had any business shooting and if he should not have the CCW/no civil liability goes out the window. Another example of how very very careful we all must be in examining our responsibilities, as set forth in the law, when having a gun in our possession.

  10. #19
    Join Date
    Oct 2009
    Location
    Paw Paw, MI
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    126
    Quote Originally Posted by HK4U View Post
    Don't know about SC but in Texas you can shoot a fleeing felon. Back, front, it makes no difference
    Really??? ...cool!
    Don't do anything you wouldn't want to explain to the paramedics...

  11. #20
    I have to ask how is he paying the attorney fees? He must have little to no money otherwise he would have never been robbing the store in the first place.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

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