Posted on 07/16/2010 5:00:47 AM PDT by Red in Blue PA
CHARLOTTE -- Police say a man shot a would-be robber Thursday night at an east Charlotte ATM.
According to police, the man was attempting to use a Cash Points ATM on Eastway Drive at North Tryon Street around 11 p.m. A suspect seemingly saw that as an opportunity and tried to rob the victim at gunpoint.
However, that victim was also armed. He shot the suspect twice in the leg. Police officials report that suspect suffered non-life-threatening injuries.
CMPD officials are no longer interviewing the shooter in the case, who they say did cooperate with detectives in their investigation. No charges are pending against him.
The suspected robber will face charges once that person is released from the hospital.
(Excerpt) Read more at charlotte.news14.com ...
The bandit had a gun pointed at the citizen. The armed citizen could have emptied his weapon on the bandit and nobody else is in a position to suggest that he should have known he was no longer a threat after being shot twice in the leg.
I completely understand what you are saying, it's just doesn't jibe with the laws in my state. We are debating the way thing are vs the way they should be. If you shoot an armed attacker, he falls down seriously wounded, his arms spread out on the ground, and his weapon falls beyond his reach, you do not have legal grounds to finish him off. There is a fine line between personal defense and retribution. Now, if we were all guaranteed 12 John O's on the jury, we might act differently. But when I think of a 12 person jury, I think of those morons on the OJ jury. I don't want to trust my freedom to 12 random citizens.
The local DA and a jury will certainly be in a position to decide whether you acted legally or not.
Sad but probably true. However, if you think he can reach his gun before you do. Bang!
Now, if we were all guaranteed 12 John O's on the jury, we might act differently.
Don't need 12. Just one. And you have to plan to be one if you ever get called for jury duty. The juror makes the law. There is no authority higher than he.
Oh....”certainly”?
The conditions I described and you repeated, don’t put the DA or the jury in a position to decide anything with any more certainty than the information provided by the victim.
The victim is under no obligation to assert the armed threat ended with 2 shots to the leg.
“Your Honor, the gun was in his hand, not between his legs.”
I'm aware of jury nullification and believe in its purpose, but if only one juror is "on your side" that's a hung jury which is a mistrial and you can absolutely be retried. That one juror doesn't necessarily end it for you. I just believe there is a successful way to defend yourself and avoid legal trouble and the same time. In the process of protecting my life, I don't want to lose my wealth and/or freedom.
Your theory works great...in the absence of forensic evidence, other witnesses, or surveillance cameras.
I"m going to guess here that NONE of us would be a dead aim when we were being shot at.
That’s where training and muscle memory come in. Granted, not everyone trains to that extent, but I’d hazard a guess that many of us are very good instinctive shooters. Specially those of us with combat military and/or law enforcement backgrounds.
You can “if” this to death.
As long as there is no clear evidence that the threat was stopped, and I then went over a planted a kill shot, I can shoot until my gun is empty.
As long as there is no clear evidence that the threat was stopped, and I then went over a planted a kill shot, I can shoot until my gun is empty.
seems that emptying the clip would be the only safe thing to do. (ever seen friday the 13th?)
not if he has buddies around
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