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I wouldn't be so sure of that. Most states allow a CCW holder to use deadly force to prevent a violent felony, I am not aware of any that allow for the use of deadly force to prevent a suspect from fleeing the area. In this case, the guy who ended up dead went to his vehicle, retrieved a gun and actually initiated contact with the person that shot the woman in the leg, at no time was he or the original shooting victim at risk of any additional harm. The legal question will really hinge on whether an "alleged" criminal loses their right to self defense if a random stranger threatens them with a gun.
In most states (all of them, AFAIK) there is an "except while in the commission of a crime" loophole in their self-defense laws.
If the district attorney is likely to charge this guy with both aggravated assault and murder (among other assorted weapons-related charges). He might plead "self-defense" on the murder charge, but without doubt in my mind a judge is going to send it to court to sort it all out. I seriously doubt a judge is going to throw out the murder charge.
That's one example where the castle law (which covers cars in Texas) will likely protect the "bad" guy.
No, Texas--where I live--has an "except while in commission of a crime" loophole in the self-defense law. A criminal can't claim self-defense while committing a crime against someone else who is acting in self-defense.
The thing that really jumps out at me is when you read the article it clearly has a bias and an agenda. I want to say that I'm not a gun guy, don't have guns ain't really a huge fan of them, I think that they should be regulated and controlled, etc etc etc.
That being said I found this article to be annoying. Why is the CCW permit holder even in the title of the story, shouldn't it simply just be "Man shot dead while attempting to intervene in a domestic dispute." I mean it's clearly a biased approached indicating that the guy because he had the CCW permit that emboldened him to go after the guy, It may or may not have we don't know what is in the guys heart. He could have just been some macho A hole that put his nose where it shouldn't been. According to the article the guy was driving off in his truck and no one was in immediate danger while he was driving away. That's when you might want to think about helping is if you see some guy smacking his wife around, and even then I've heard horror stories about getting in the middle of domestic disputes, heck even cops dread those encounters.
I just find the bias in the media to be annoying, just give me the facts, and yeah while the guy having a CCW permit is part of the facts, it should read as a sub note, not the headline and also there were digs at the guy saying it was "a job reserved police", yeah, all of that is true. I'm talking about the anti-gun spin that is clearly in the article.
What ever just happened to true journalism the "Who, What, Why, Where", now it's information filled with bias and commentary and even that "information" part is sketchy, it's information presented in a way to show an agenda.
It's getting to the point that I have to go to several different news outlets because each network has their own bias just to try and get a balanced and better understanding of things. I guess it's just how things are now with the 24/7 news cycle, have to fill up time, but a simple basic news article about these types of events just shouldn't be so obviously biased toward a certain POV.
This is a tough one. Witnessing someone innocent getting shot and you are the only one keeping the perp from escaping. IMO the only thing he did wrong was not pulling the trigger first. Once you commit, you need to fully commit.
Not tough at all - let the perpetrator escape. Is there an ongoing or imminent attack on life and limb? No? Then there's no call for lethal force.
Put the gun away - what you need now is a a first aid kit and a cell phone.
Plenty of good samaratins died helping someone change a tire onthe side of a road.
Personal decision, poor choice, give him credit for wanting to help as opposed to being a witness to a crime..not his.
what would you do even if no gun and you saw someone about to be offed or beaten....call 911 or create a diversion.....all depends, doesn't it?
I get what you're saying and I basically agree. The difference is is that this guy was fleeing and in his truck and wasn't a direct threat to anyone, as others have said at this point it was get a good description of the vehicle with a license plate number and call 911. Police don't encourage people to chase a fleeing suspect, that's a whole different can of worms.
It's a shame that this whole things happened a guy is dead, left behind 3 kids and a wife. The guy who shot him is going to pay a big price tag too, it's just an ugly situation that didn't need to happen.
Johnson told police she fled inside, shouting for help, reported the Dallas Morning News.
The bottom line is still that he wasn't a cop. I'm not a cop. Any certified instructor is going to tell his students, "You're not cops."
This same article is being discussed right now on a gun forum I frequent. Every one of these gun-owners/gun wearers--every single one--has so far said "He was not a cop. He went too far."
The purpose of being armed is to survive the moment.
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