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To: Gene Eric
I am not applying compassion. I am applying the law as I understand it. If these two had been shot dead during the attack, I would applaud it as highly justifiable. However, under the law, lethal self-defense is allowable when there is an offensive threat to one's life or well-being - including a perceived threat, which implies either a weapon in hand or a threatening approach. Until I see she had a weapon, that was not the case. And she was on the ground, wounded so I don't see how she could have been advancing in a threatening manner.

She had already taken the step of fleeing the scene, and in many states that is not a justifiable shooting. But this went further, she was hit while fleeing and on the ground. At that point he should have backed away a few steps, held her at gunpoint and waited for the cops to arrive.

67 posted on 07/26/2014 6:30:44 AM PDT by dirtboy
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To: dirtboy

>> I am applying the law as I understand it.

Understood.

While the second shot is seemingly unfortunate, I don’t fault the homeowner for taking it. The intruders were responsible for the volatile environment. And the expectation the homeowner should have exercised disciplined restraint despite the robbery is not realistic.


68 posted on 07/26/2014 3:26:23 PM PDT by Gene Eric (Don't be a statist!)
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