I think he's dead

Started by gcode, January 07, 2023, 04:10 PM

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gcode

Armed citizen (over) kills an armed robber.
It turns out the robber's pistol was a replica.
The guy collected all the robber's ill gotten gains, returned it to the victims and left
The cops are looking for him, but no charges have been filed
Make sure your sound is on.

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Matthew Hajicek

I was rooting for him when he started shooting.  Then the threat was down and he kept going, and going, and then paused to reassess, and then fired one more shot just to make sure he was dead...

I can see why he's running, he knows he's in trouble.  Every shot after the crook hit the ground and stopped moving (and being a threat) was illegal, especially the last one.  They might let him get away with it though.

Matthew Hajicek

Watching again, his first shots looked like they were at a bad angle; it looks like there was another customer behind his target in the far corner of the room, directly in line with his shots.

RobertELee

That's called Fuck Around and Find Out.

The dude was already dead before he hit the floor. What difference does it make if he fired one or a hundred rounds into him? Aren't we taught to neutralize the target? How does the bald guy know if the target is fully neutralized or not? He stopped shooting once he removed the "gun" from bad dudes hand.

Monday morning quarterbacking is pretty easy when you have the option to replay.
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Matthew Hajicek

Quote from: RobertELee on January 07, 2023, 05:03 PMThat's called Fuck Around and Find Out.

The dude was already dead before he hit the floor. What difference does it make if he fired one or a hundred rounds into him? Aren't we taught to neutralize the target? How does the bald guy know if the target is fully neutralized or not? He stopped shooting once he removed the "gun" from bad dudes hand.

Monday morning quarterbacking is pretty easy when you have the option to replay.

No, he fired one more execution shot after taking the gun, which the crook had dropped when hitting the ground.  Every shot after there is no longer a reasonable threat of death or major injury is unjustified.

CNCAppsJames

Quote from: Matthew Hajicek on January 07, 2023, 05:10 PMNo, he fired one more execution shot after taking the gun, which the crook had dropped when hitting the ground.
He only has to believe the crook was still a threat to him or other innocents to continue to engage. Maybe he thought he saw the bad guy had a knife or another gun and he thought he saw him attempt to reach for it.

It's NOT about what you or I see, or what we think we see. We were not there inTHAT moment. Looking through HIS eyes. It is what HE thought he saw, or that HE believed the bad guy was still a threat.

If caught, he'll have to answer for what he thought he saw, or that he believed the threat was still a threat. i give a good guy with a gun the benefit of the doubt over some shit stain of a human criminal any day of  the week.

Fuck around has consequences sometimes. Not often enough IMHO. And sometimes judge, jury and executioner is the streets they choose to fuck around in. 

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CNCAppsJames

After a few more looks, I DEFINITELY cannot see the bad guy's far side. Video isn't clear enough to see if the bad guy moved. 

For me, if the bad guy is still moving, he's still a threat and he will be treated as such. 

FAFO

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Matthew Hajicek

Quote from: CNCAppsJames on January 07, 2023, 06:26 PMHe only has to believe the crook was still a threat to him or other innocents to continue to engage.

I think what you say could excuse everything up to that last shot.  But what will matter is what a jury thinks a reasonable person in that situation would believe, and they'll be working from the video.  People have gone to prison for executing downed burglars before.  Once there is no REASONABLE imminent threat, you no longer have the right to shoot.  That's what the law says.


mkd

#9
So which shot will bring a murder charge?
1 thru 4 that put him down?
5 thru 8 that made sure
Or 9 where there may have been a twitch.

.and which ones missed completely?

This is the exact analysis that no jury has any business doing with the benifit of time. Exhaustively analyzing a life and death situation where seconds or split seconds count

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mkd

If shots 1-7 justifiably killed the baddy, then 8 and 9 didn't kill him a second time, you know because you can't get more pregnant.
 It sure is living in stupid world to try and charge a citizen on a murder rap for over killing a deadly threat. If killing him the first time was justified, why wouldn't it be for goofball-analyst's 2nd death?
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RobertELee

Quote from: mkd on January 08, 2023, 05:06 AMIf shots 1-7 justifiably killed the baddy, then 8 and 9 didn't kill him a second time, you know because you can't get more pregnant.
 It sure is living in stupid world to try and charge a citizen on a murder rap for over killing a deadly threat. If killing him the first time was justified, why wouldn't it be for goofball-analyst's 2nd death?

Exactly! The guy didn't respect the lives of the innocent civilians in the restaurant (even if it is a fake gun, nobody knew that) nobody sure as hell should be respecting his life and only shooting him a little bit.

Now, for the guy being on the run, well there's probably a reason for that and if he's caught and prosecuted for that reason then so be it. But any normal law-abiding citizen protecting theirs and others lives by stopping a known threat should be given a medal, not criticized by armchair quarterbacks who weren't there, living the moment.

gcode

#12
This happened in Texas
I watched a video of a local new channel interviewing a "legal expert"
The "expert" said the shooter was legally allowed to continue shooting as long as he felt the robber was a
threat
She also said he was under no legal obligation to stay and wait for the police so he is not "on the run"
The same broadcast said the police would like to talk to him but were not actively looking for him.

Personally I think that last head shot fell outside the legal definition of ending a threat but it really made
no difference. I'd also guess the shooter probably had his own problems with the police above and beyond
the shooting in the taco shop, and that's why he did't hang around.

gcode


Matthew Hajicek

As I said, they might let him get away with it, but legally you are allowed to shoot to stop the threat.  If someone dies as a result of that, so be it.  You are not legally allowed to shoot to kill, or to "expedite the death", which is unquestionably what that last shot was.