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I agree she overreacted. However, I don't think she should be charged with anything more serious than the would-be thief. I hope this doesn't open the door for the real criminal in the scenario to turn himself into the victim and file a lawsuit.
My hope is that she either makes a deal and pleads guilty to a misdemeanor with a small fine, or is found not guilty by a jury of her peers. I'm not in favor of a vigilante society, but I get tired of the notion that innocent citizens are supposed to do absolutely nothing but call the police and hope they show up while a crime is committed against them.
Temporary insanity. What was she supposed to do, run after him? He got what he deserved. Moral of the story; don't mess with a pregnant lady with all those hormones raging.
I just now saw the video. They are both lucky he is not dead. Wow.
Would she be guilty if she pulled out a gun and shot him in the back? Yes! Will she win? Depends on the jury selection which depends on her county and this is NC not TX. (Most likely it will be a plea bargain.) Big difference between trying to kill someone, and driving a vehicle intentionally into them is trying to kill them and someone rifling through a purse.
So she is just as guilty for using her truck as a dangerous weapon.
So, if I was on the Jury, which I won't be, but if I were, I would find her as guilty as if she pulled out a Beretta and shot the guy.
For one thing, I believe TX is the only state that allows deadly force (and a vehicle is considered deadly force if intentional) to protect personal property outside the home.
Am I sorry that the guy was injured? No. But I would not have pulled my gun and shot him in the back either.
Would she be guilty if she pulled out a gun and shot him in the back? Yes!
So she is just as guilty for using her truck as a dangerous weapon.
So, if I was on the Jury, which I won't be, but if I were, I would find her as guilty as if she pulled out a Beretta and shot the guy.
For one thing, I believe TX is the only state that allows deadly force (and a vehicle is considered deadly force if intentional) to protect personal property outside the home.
Am I sorry that the guy was injured? No. But I would not have pulled my gun and shot him in the back either.
IMO, under either scenario she'd be taking out the trash.
Would she be guilty if she pulled out a gun and shot him in the back? Yes!
So she is just as guilty for using her truck as a dangerous weapon.
.
What if she tackled him and his head hit one of those concrete parking barriers?
I've seen people die from falling down and just hitting the ground with their heads.
LOTS of people (I work in a trauma center).
Is that now excessive force?
[ianal]^ if her intention was to kill then she is a murderer; if her intention is to apprehend a suspect until authorities arrive then she would probobly be charged with at most misdemeanor criminal negligence.
if it was self-defense then the charges should be dropped; if it was retaliatory then she should be charged.
I don't blame her one bit! I was robbed at knife point on 9/11/2003, exactly 2 years after the terror attacks. This was prior to moving to NJ and I was out there visiting my future husband, while still living in Ohio. It was a beautiful and sunny afternoon and I had gone to the store to get supplies for our office. I had the top down on our convertible and as I pulled into our parking lot, I saw a man on a bicycle and thought nothing of it.
He came towards me and I thought that he was going to ask me directions or something. It wasn't until he got closer, that I realized something was very wrong and then he was right above me, with his bike tire against my car door and he had a knife in his hand and he said, "Give me your purse or I will stab you." There was no one around but the two of us. Before I could even react, he reached up over me and grabbed my purse from the passenger seat and took off on his bike.
I was so scared that all I could think to do was to get out of the car and into the building where our office was. I really wish that I would have started the car up and run over him, but I was too scared to think rationally.
My purse contained my cell phone, all my credit cards and all my ID, including my passport. I was stuck in NJ, with no way to get back home - I couldn't drive or fly with no ID. My mother was dying from cancer and living in Pgh. So my future husband drove me to my mother's house in Pgh. and then we drove over the state line to OH where I was able to get a replacement driver's license. It was a truly horrible experience and it has changed my life forever. I am always aware and afraid when I am out alone.
I only wish that I had had the presence of mind to run him over with my car. He was a criminal and deserved it. I was too scared to do anything but try to get to a place where I felt safe.
The problem here is that she wanted to play vigilante.
And while that may work on movies or on the tv, it's not without consequences in real life.
She's ignorantly placed her own freedom in jeopardy to make herself feel vindicated.
I don't think that in the heat of the moment, she was looking to "play" anything. She was simply reacting to the commission of a crime. She said she wasn't going to let him get away and although she probably overreacted, I don't think she was actually wanting to be a vigilante.
Ignorant yes.
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