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There are a variety of charges that could be brought against him, and I thought for sure there was going to be facing charges, but the last sentence of the article (I think that is where it is) says he's probably not going to be facing any charges. It's mind blowing.
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The driver broke the law...hit and run, and attempted murder and or aggravated assault. If he ran the guy over during or immediately afterwards that's one think, but some time had passed. This is basically promoting vigilantism. If the police don't care about vigilantism, we don't need police. Everybody should just form a posse. He could have called 911 between fleeing and spotting the suspect.
It is strange how some people do not understand the laws of self defense. And it is very plain that the authorities do. They even had videos, to prove it was self defense. With that proof, they are not prosecuting the victim for anything. Any judge would have thrown out the case when it came before him. As my old police Lt. uncle told me many years ago. If some bully wants to pick a fight with you, let him do it in front of witnesses, let him do the first blow or two which you try to roll from to keep it from damaging you, then you can beat the s*** out of him acting in self defense.
Some of you say the victim should have called 911. What with. He may not have had a cell phone to make the call, and the old standby pay phones have gone the way of the dinosaur. They are no longer around.
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The thug's medical bills are going to be more than prosecuting the victim turned vigilante if we want to make it about cost.
What has the cost of the thugs medial bills have to do with it. A good case of self defense does not depend on the cost of the medical bills for the thug.
My paternal grandfather was born and raised on a ranch in Montana. He got involved in the Montana Cattle Wars, as a gunman to protect the cattle ranches and cattle. He was extremely fast on the draw and deadly accurate with a hand gun. He met my grandmother who was an army nurse at a fort in Montana, and she would only marry him if he would leave the area and his profession. They went to Northern California and he got involved running a split stuff logging operation, which simply meant they made grape stakes and rail road ties. He carried a handgun strapped to his side for the next 30 years, in case someone came after him from his gunman days. One day someone stepped out of an alley behind him, and pushed his fingers (mimicking a gun) into my grandfathers back and said hands up. The witnesses told me many years later they never saw anyone move so fast. He spun knocking the arm aside and pulling his gun shot the man. He was shooting for his heart, but at the last split second recognizing the man was a friend and there was no gun tried to pull the gun away from his friend to shoot in the brick wall as the trigger had already been pulled. He almost made it, but shot him through the side in and out. The doctor was able to fix up his friend, and he only had a flesh wound. The police came and after hearing what happened said it was pure self defense trying to protect himself. The fact that there was no gun, but what his friend had done mimicked a gun and my grandfather had the right to protect himself in time of danger as he would have no way of knowing if it was a gun or finger shoved into his back.
I was told about it by some old settlers that had witnessed it, and said they never saw anyone move that fast in their lives. Later the man that he shot told me about it and said, "You do not play gun tricks on _____ _________, or you will die".
It was a pure case of self defense, if the man had been killed was what the police said, and the witnesses told me also. That was the last time anyone tried pulling gun tricks on my grandfather, as he had proven to be so fast and deadly when someone tried to play a trick.
Self defense is a legitimate defense in time of danger. Here in Montana, open carry (a gun that is not concealed) is legal be it a rifle, shotgun, or pistol. You can get a permit to carry a concealed weapon at your local sheriffs office, which will be issued unless you are a felon, drug addict or anyone prohibited to own a gun.
Phone - he went home after he ran down the guy. Its fairly safe to assume that someone, somewhere in his house or on his block had a phone.
Perhaps he didn't know the laws about hit and run...I don't think a lot of immigrants would get away with that excuse. But it sounds like it is working out here.
Why? You're being burdened with the silly and often costly due process of the American system. I am glad this guy got his money back, and too bad that the thug is in the hostital on the general publics dime. it would have been more cost effective if the guy drove into the thug harder.
Why is it the public's responsibility to patch up these criminals? They should have to pay the bills at the hospital just like anyone else.
He left him laying on the ground with severe head injuries and he went through his pockets to get his money back and debit card. In a way that is theft because he went through his pockets.
Granted, he was just taking what was stolen from him but possession is 9/10ths of the law.
He took the law into his own hands and that is not self defense unless he was being threatened again. That isn't clear. Did he just see the guy or did he sneak up on him with the knife and put him in imminent danger the 2nd time?
I think he saw the guy and recognized him and ran him over out of revenge, or to get his money back.
All that would be fine except he rifled through his pockets and left him for dead without calling 911. Ignorance of the law is no excuse. That's what they say.
I think he should be charged with something because he left the man to die. He didn't know how bad his injuries were but he knew that he was gravely injured.
He left him laying on the ground with severe head injuries and he went through his pockets to get his money back and debit card. In a way that is theft because he went through his pockets.
Granted, he was just taking what was stolen from him but possession is 9/10ths of the law.
He took the law into his own hands and that is not self defense unless he was being threatened again. That isn't clear. Did he just see the guy or did he sneak up on him with the knife and put him in imminent danger the 2nd time?
I think he saw the guy and recognized him and ran him over out of revenge, or to get his money back.
All that would be fine except he rifled through his pockets and left him for dead without calling 911. Ignorance of the law is no excuse. That's what they say.
I think he should be charged with something because he left the man to die. He didn't know how bad his injuries were but he knew that he was gravely injured.
I am astounded by the hand-wringers on this thread. It's too bad the thief didn't die. Period.
Excusing bad behavior simply encourages more bad behavior. F-em!
Same here. I'd have run back over the POS to make sure he was dead so he can't do it again to someone else.
2. Against an armed robber, what difference does it make whether your husband is in the car or not?
Do you seriously think that a would-be robber is just as likely to approach a vehicle parked at an ATM if a man is in the front passenger seat versus if the sole occupant is a woman?
Additionally, The husband can (and should) visually scan the surrounding area while his wife operates the ATM, and if a would-be robber approaches, the husband's hands are free to retrieve a firearm, unencumbered by the ATM machine, the steering wheel, or the reach (from the driver's seat) to access the glove box.
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Originally Posted by arctic_gardener
Hell, you could have four men in the car and it would make no difference. All it would do is up the stakes and make it even more imperative that you hand over what is being asked for and let the cops deal with it later.
That is true - if you choose to become a victim rather than defend yourself and your passengers.
He left him laying on the ground with severe head injuries and he went through his pockets to get his money back and debit card. In a way that is theft because he went through his pockets.
No it's not theft, because the thief did not rightfully possess the STOLEN cash and debit card.
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Originally Posted by Veronicka
He took the law into his own hands and that is not self defense unless he was being threatened again.
Self defense is written into the law, the two are not mutually exclusive.
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Originally Posted by Veronicka
I think he saw the guy and recognized him and ran him over out of revenge, or to get his money back.
Good for him!
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Originally Posted by Veronicka
All that would be fine except he rifled through his pockets and left him for dead without calling 911.
Can you show where it is written in the law that a victim has an obligation to render aid to a criminal who sustains injuries during or in the aftermath of the commission of a crime?
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Originally Posted by Veronicka
I think he should be charged with something because he left the man to die.
What do you think would be an appropriate charge, and more importantly, why? I think he should be commended, not charged.
You have a very interesting perspective on American criminal law, to put it politely. Defense lawyers would LOVE to have you on their juries.
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