You don't violently knock someone to the ground like that—certainly not for a mere verbal altercation which had no indication of turning violent.
A police officer would doubtless be justified in shooting someone in such a case, even though the person was backing off. It was a "heat of the moment" situation and the shooter's frame of mind at that moment must be considered. An armed citizen should "get away" with that if a police officer would.
Never initiate a violent assault against anyone without due cause. The decedent had absolutely no justification to do what he did, and that's why he's dead.
A close call, but I agree with the "no charge". No jury would convict the shooter in any event, since he didn't initiate any violence. People are sick and tired of thugs who think they can get violent simply because they don't like a non-violent situation that's going on.
Did the shooter overreact? Yes—but he had already been violently assaulted and was in "fight or flight" mode, and "flight" was not an option. In such a situation, many reasonable people might overreact—such as a police officer, for instance. But, as I said, it is a close call.
This is a teachable moment for anyone who thinks they can walk up to someone and violently shove them to the ground or punch them—out of the blue, essentially—without a damn good reason for doing so...
Interesting post. It’s best to avoid such situations, but at times that may not be possible.
Agree.
Nothing matters in this situation except the attack on the shooter and his state of mind. Period. Not a handicapped parking space, not previous instances (if even true) by the shooter at the store, not that he was talking to the girlfriend through the window. None of that matters. Only that he was in fear for his life after being attacked.
he will not be charged.