drew my sidearm, lesson learned

[RedDobeman]

I’m not a legal expert or anything having only watched a handful of Matlock re-runs, but I’d be surprised if the charge isn’t ultimately dropped. I learned from the Ferguson coverage that a lot of “politicians” and “journalists” think cops should use warning shots and not shoot to kill. I remember Wolf Blitzer asking law enforcement experts why they don’t shoot suspects in the leg?

You pulled your sidearm in response to him charging you. Given the fact that you just witnessed him assault a female, it’s not unreasonable to assume that he was capable of inflicting serious bodily harm. Since you are such a peaceful/caring/kind person, you just couldn’t bring yourself to shoot another human although the situation called for it as your life was in danger. As the crazed maniac continued to charge (despite having a gun drawn on him and your repeated begging for him to stop), all you could manage to do in your panicked fight-or-flight state was discharge a warning round as he was closing in. You were simply incapable of lethal force, so you exhausted every other alternative. I’m sure the jury/judge will have an easier time believing the good samaritan over the Jerry Springer meth heads with criminal records/credibility issues. Hopefully, your neighbor will be able corroborate some of the details as well.

OP- It's unfortunate that you're the one having to deal with the legal system when you were trying to do the right thing. Keep your head up and continue viewing it as a learning experience and you'll be fine.

 

[Toy_Truck]

I have seen far to many times a man hit a woman, and I did nothing. And the pain was unbearable each time. I saw equal as many times that man hit that womans daughter, and I did nothing. And the pain was unbearable each time. I felt him hit me equally in my turn. But I was numb. I was four.

Eighteen years later I was at a college house party and saw a kid raise his hand to hit his girlfriend and watched as no one reacted. So I did. I stepped inbetween them. He got in my face and threatened me and I stood my ground. My friends eventually got their butts in action and stood behind me and he backed down.

An hour later and I stood looking at the blood dripping on the concrete at my feet, realizing I had just been stabbed by that same guy in return for my good deed.

He ran and so did she, with him... That doesn't change the fact that she deserved (as every human being does) to know that she didn't HAVE to live that way, in pain.

That was ten years ago and I'm now married with my first child on the way. I'd step in the middle again in a heartbeat.

Because my mother didn't deserve that pain, my sister didn't deserve that pain, that girl didn't deserve that pain. My wife and children will never know that pain as long as I'm breathing.

If you can watch a man hit a woman or child and not immediately intervene... Then I have no words to discribe you, because selfish coward is woefully inadequate. I pray for the sake of your loved ones that they never feel that pain.

...Sorry for the long rant. I realize this is a gun forum and this post should focus on that aspect but I read far too many comments discouraging others from taking immediate action to hold my tongue.

To the OP: Well done sir. You are a good man. You stood and took action. There is no perfect way to react to a wholly imperfect situation. What counts is that you did react and you are now applying lifes lessons to your future.

 

[turnipgreen28]

If you saw a man hitting a woman, you don't say or do anything at all?

no you walk over and beat his ass ...

 

[turnipgreen28]

I'm amazed at the number of men on here who think that a man has to basically be killing the woman before you do something to stop it. Simply amazed. Makes me a little sad honestly.

i agree 100 %

 

[GAgunLAWbooklet]

I don't have time to look up citations to the actual law right now, but I think that when the State of Georgia granted cities and counties the power to make local ordinances, it said they can only do so in a way that is not inconsistent with State law.
And State law has self-defense and defense-of-others laws that apply to a defense to ANY CRIME.
Not just murder, if you shoot the bad guy and he dies.
These laws aren't just a defense to "aggravated assault" if you point your gun at the other guy and make him fear he's about to get shot.
These laws can be used to defend any crime that comes from your necessary and justified act of stopping a forcible felony in progress.

HOWEVER, if what you actually stopped was a misdemeanor that didn't endanger anybody's life or limb, then these laws would not apply UNLESS you reasonably thought that you were watching a serious felony crime in progress, or the guy was that kind of a threat to you as he approached you.

If you can't even argue that firing a warning shot was necessary to prevent a FELONY ATTACK on you, instead of a misdemeanor bare-handed beat down that the guy was gonna give you, then you were legally wrong to have your gun pointed his way, and wrong to take the warning shot.

If you were legally wrong, being charged with a minor city or county ordinance violation is an excellent outcome. Be glad the charges aren't a lot more serious.

 

[MSAA]

Whatcha Shootin' for a $1.50 a bullet?

 

[Jack O A T]

...
If you can't even argue that firing a warning shot was necessary to prevent a FELONY ATTACK on you, instead of a misdemeanor bare-handed beat down that the guy was gonna give you, then you were legally wrong to have your gun pointed his way...

So how, exactly, does the court expect you to determine the kind of beat down that is intended to be administered? I hear "disparity of size" and the like, but this seems to be rooted in an antiquated view, even myth. How is one supposed to surmise whether a lucky blow or continued blows after submission would or wouldn't result in great bodily injury?

I'm not suggesting a warning shot, but indexing or even readying a weapon upon clear intention by another party to physically assault you would seem reasonable to most people.

 

[brad sweet]

I have seen far to many times a man hit a woman, and I did nothing. And the pain was unbearable each time. I saw equal as many times that man hit that womans daughter, and I did nothing. And the pain was unbearable each time. I felt him hit me equally in my turn. But I was numb. I was four.

Eighteen years later I was at a college house party and saw a kid raise his hand to hit his girlfriend and watched as no one reacted. So I did. I stepped inbetween them. He got in my face and threatened me and I stood my ground. My friends eventually got their butts in action and stood behind me and he backed down.

An hour later and I stood looking at the blood dripping on the concrete at my feet, realizing I had just been stabbed by that same guy in return for my good deed.

He ran and so did she, with him... That doesn't change the fact that she deserved (as every human being does) to know that she didn't HAVE to live that way, in pain.

That was ten years ago and I'm now married with my first child on the way. I'd step in the middle again in a heartbeat.

Because my mother didn't deserve that pain, my sister didn't deserve that pain, that girl didn't deserve that pain. My wife and children will never know that pain as long as I'm breathing.

If you can watch a man hit a woman or child and not immediately intervene... Then I have no words to discribe you, because selfish coward is woefully inadequate. I pray for the sake of your loved ones that they never feel that pain.

...Sorry for the long rant. I realize this is a gun forum and this post should focus on that aspect but I read far too many comments discouraging others from taking immediate action to hold my tongue.

To the OP: Well done sir. You are a good man. You stood and took action. There is no perfect way to react to a wholly imperfect situation. What counts is that you did react and you are now applying lifes lessons to your future.

we need more people like you in this world..thank you...thanks for your story..!

 

[StuP]

Having just read through this I have 2 observations.

1) I can understand what the OP did

2) I see no mention of what I'd consider an essential component of the interaction for any CIVILIAN, for a number of the scenarios described by people, that is retreat.

Outside of one's home, regardless of legal justification or precedent, why wouldn't you take any avenue to retreat, (go back inside, get back in your car), before you discharge a weapon ?

It seems in most cases the original objective of stopping, or interrupting, an assault has been achieved when the 3rd party turns their attention to you. I hope I never have to stand up in court to justify my actions, but I believe the fact you avoided physical contact of any kind until the aggressor left you NO other option, would stand you in good stead in front of a jury.

 

[Bypass]

I have pulled a man off a woman he was choking, only to have her jump on my back and attempt to choke me out while I was attempting to get him handcuffed. After responding to a couple hundred domestic violence calls over the years, off duty I will absolutely NOT involve myself in anybody's drama short of seriously bodily injury/death. It is almost a absolute certainty that the damsel you save will tell the police that showed up to pull you off her boyfriend that you started the whole thing.

Yep.