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To: dangerdoc

you missed the part where he was approaching the vehicle again, yelling that he is gonna F you up.


17 posted on 08/16/2014 8:21:47 AM PDT by blu
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To: blu

If I read correctly, he attacked me in my car, at that point in time, a shot would be in self defense. He stopped the attack and walked away while I’m still in my car, shooting him at that point would not be self defense, it would be revenge.

The last point is the most complex. I’ve stepped out of my car with a weapon after he has walked away. At that point, I have become the aggressor. Anything he does to provoke me is just stupid on his part but I have become the aggressor. And I have put myself in the untenable position of either shooting him or standing there like a fool with a drawn weapon.

I do not doubt that a good prosecutor could make a jury believe a reasonable person would drive away given the opportunity. Regardless of how many names he called you, he stopped the attack before killing you. You did not deescalate, rather after simple assault ended, you in premeditation, drew a weapon and murdered the man. They would offer you a plea to manslaughter and your lawyer would recommend you take it.

A little different circumstance but a family friend got thrashed by bikers at a bar, he made it out to his car and was driving away when he saw his friend getting a beat down, he used deadly force to save his friend, he spent 18 years in prison for it.


105 posted on 08/16/2014 2:07:52 PM PDT by dangerdoc ((this space for rent))
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