That being said, I wouldn't shoot someone running away.
Unless I had just seen them run away after robbing someone I knew, carrying a bagful of loot.
.....I wouldn’t shoot someone running away....
I would........
Right in the “Buttocks” (a la Forest Gump).
The victim was subsequently not charged. I believe the analysis of the case was posted on the FR. Newspaper articles generally don't have details like that in them. So we really don't know what happened. My hat in off to Mr. Horn.
Yeah, I was thinking the same thing — New York is NOT Texas, or Louisiana.
If you want to commit a crime go to New York. Stay out of Texas it could be unhealthy for ya.
Yes. If they were running towards him or had pointed something at him, I’d have done what he did. Running away, it’s much less a life threatening thing.
The other thing is the thrid party defense issue - it needs to be explicit, not implicit. The guy’s neighbor has to explicitly ask the guy to shoot someone to save his life.
I know the guy who shot probably felt these guys may eventually come after him and his house, as there had been a bunch of robberies in the area, apparently. But you need to be in actual danger. At least have the guys actually trying to run at you than run away from you.
The burglars had advanced to Horn's property and had refused his order to stop,