Paladin3
Diamond Member
- Mar 5, 2004
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Here is where I take exception. No matter what I am saying, if I am merely saying something and someone comes up and slams me to the ground, I might shoot if I had a gun. Anyone so mentally unstable as to use (any) excuse for the first point of contact to be assault, has to be assumed an immediate and persisting threat.
What would make them less of a threat, is if I were able to get up and have a fair defense, but odds are that right after someone attacks you like this, their only hesitation in pummeling you further is if you don't get up, but if you don't get up then the last thing you may ever see is the kick to your head.
This is the unfortunate state of society today. While I would shoot the guy in the same situation, what I'd have done differently is not be in that situation in the first place, so yeah the shooter is guilty of manslaughter. I don't buy being guilty of murder because he didn't pull the gun out until after assaulted. You can't really claim that words instigate violence, without simultaneously throwing away our right to free speech, a right that is far more valuable than any one life.
And the husband may have signaled a group of ninjas to attack had he not been shot by the old man. Sound reasonable to you?
You can't use deadly force to stop an attack from an attacker that is in retreat. Once someone stops attacking you it would be an very exceptional instance for you to REASONABLY believe you are still in danger of death or great bodily harm.
So I don't think a jury is likely to believe the old man was in immediate threat from the retreating husband at the moment he shot. I think you are ignoring that the husband was moving backwards away from the gun. It also sounds kind of like you are saying if someone pushes you off your feet while you are yelling at his wife that you are going to kill him regardless.