I have CCW in Massachusetts and New Hampshire, two states which could not be more different in gun culture, gun laws, and the rules for deadly force.
However.
In neither State can you pursue a thief who has your stolen property and kill him for stealing from you. I am not familiar with the other 48, but (except for Texas) I imagine it’s the same.
What this guy did was put himself in danger, from the perps first and second from the law.
They’ve got your child? Bang. Bang. Temporary insanity. They’ve got your car? Not so much.
So, THIS case is going to turn on the confrontation. Were the perps armed? Who drew first? Was the shooter placed in fear of death or serious bodily injury, and when did that happen, and WHY did it happen?
If the chain of events was initiated by the good guy, by confronting the bad guys with a drawn firearm, he’s going to prison.
Doesn’t make it right. But that’s the law.
Exactly.
And the answer to your question if out of the shooter’s own mouth.
He told the kids to lie down or he would shoot them. That means that he was the one who had possession of the gun at the beginning of the encounter.
He will go to prison. And the fact that he is in IL means he will probably draw a blood thirsty prosecutor and a hanging judge.
Yes, or if there was a crime involved in the chain of events. I don't think there's anything illegal in locating his car. The chase, questionable at best. Provocation of their assault, no witnesses, but if he told them to lie down or he'd shoot them, that's probably provocation. And if he told the sheriff that, I'll lay odds he said it without the advice of an attorney. I'm a bit reminded of the man and his son who chased down what they thought was a burgler a few months ago. In the southeast I believe.