The Down Range Forum
Flying Dragon Productions ( Michael Bane ) => The Best Defense on My Outdoor TV => Topic started by: Troy Hayes on February 11, 2016, 11:11:17 AM
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Episode: "Home Safety from Afar". In the second scenario the girl fires 3 shots. The home invader starts to fall after the first shot and by the third shot, he is on the floor. Since he was down and had no weapon, the third shot should not have been fired. In a post-shooting forensic investigation, the authorities would likely figure this out. If the third shot was the lethal shot, then the shooter could find herself facing a second degree murder charge. The home training talked about in the episode should include training on when to start shooting and when to stop shooting.
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I can neither agree or disagree with your assessment due to the many existing variables, but I would offer the supposition that it might hinge on the location of the shooting. If it were in anti-gun areas like New York or Chicago, you may be correct. If in Texas or Georgia (and states with the Castle Doctrine in place), maybe not so much. Especially if there is a large disparity of force between the assailant and the intended victim.
If you look from the standpoint of "shooting until the threat stops" and the third shot was the lethal shot (as in your statement), then it could be argued by a good lawyer that the threat still existed even after the second shot. I know of a cop who was shot by a suspect who had already been shot and was on the ground via a second (unknown) weapon on his person.
Two things to remember in a shooting situation, once the decision is made to react to a threat by shooting:
1- Just because you don't see a weapon doesn't mean there isn't one, and
2- Since the decision to shoot in the first place was already in motion, and will likely be the motivating factor in questioning the legality of the shooting, then shoot until you no longer feel the person is a threat.
This is my opinion only, and not that of the show or producers or the OC.
As in all things, your mileage may vary.
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Shooting under extreme duress it is very UN-likely any of us, LEOs included, will have enough wherewithal to pinpoint the precise moment when a justified shooting becomes too deadly, ???. Massad Ayoob has made a living both teaching the legal side of self defense and providing expert testimony on justified shootings, I suggest reading some of his work. There are very few absolutes in life and far fewer in a life & death encounter.
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Shooting under extreme duress it is very UN-likely any of us, LEOs included, will have enough wherewithal to pinpoint the precise moment when a justified shooting becomes too deadly, ???. Massad Ayoob has made a living both teaching the legal side of self defense and providing expert testimony on justified shootings, I suggest reading some of his work. There are very few absolutes in life and far fewer in a life & death encounter.
Yep.