Originally posted by Toad
How many of you really think deadly force is justified over the theft of a fishing rod?
How many of you KNOW that your state would not prosecute you?
Thus far I'd say 2 people have a clue about deadly force, the others will end up serving time for manslaughter or murder on top of being sued by the suspects family if they ever followed through with what they think they know.
Laws vary, but 1 word had better define the use of deadly force; "reasonable"... and even that varies a-lot, some DAs like to redefine it.
I had a call of a Joe Plumber dude who is awakened a 2am by noises in his unattached garage, his house alarm status was secure. He disables the alarm and goes out back to have a look seeing two suspects, 1 look out, 1 inside with a flashlight. Joe runs inside the house, grabs his .45 and runs back outside, the end result was he shot & wounded both of them after one of the little thugs simulated a weapon.
I had no problem with it, NHI IMO, and wrote it as self defense, but weeks later the DA calls me.. it's his opinion that Joes actions were not entirely reasonable and he's considering charges.
The DA opined that after going outside seeing the suspects and going inside to arm himself, Joe should have stayed inside the safety of his alarmed house, armed himself to defend his family and called the police... going back outside to confront 2 suspects was "unreasonable" since, as the DA decided, nobodies safety was in immediate danger.
Common sense prevailed, after the DA 'investigated' for a year, and no charges were filed.
Total BS like this is exactly what one can expect, some DAs are frik'n morons like that. Imagine a similar scenario some place in Texas with a "hang em high" DA, Joe plumber would get a well deserved medal for teaching two thug criminals a lesson.
