who would be at fault

[BIKER13]

Dude where does these hypotheticals come from? Get a girl friend.lol

 

[chopper duke]

There are three things that are taught must be present in order to use deadly force

1. Ability
2. Opportunity
3. Jeopardy

The homeowner had the ability in that he had a firearm in his possession.
The homeowner had the opportunity because the officer was at the scene in a close enough proximity to be shot.
HOWEVER, The homeowner never put the officer in Jeopardy. He never made what is known as an "Overt Act" towards the officer. He did not raise or point his gun in the officer's direction. He did nothing to make the officer believe he was in Jeopardy.

 

[BIKER13]

Why was the gun in the glovebox? Why can't he lower the hammer in the car? why am I asking these ****ing questions? Biker out.

 

[dakota port]

Police is at fault, but he probably wouldn't face any charges. If I was the attorney for the individual I would bring up distance from cop to guy, fact that a screen door obstructed the view of the cop and thus not giving him clear identification of said weapon that he shouldn't have fired. If the man was a child with a toy gun then what? Cop shouldn't have been so fast to shoot.

The actions of the individual has no bearing in this case. He is in his home with a legal handgun. Theres no law that says you can't handle your gun in your house, dry fire practice, house clearing practice, etc.

Another scenario, neighbors call police to report a break in across the street. The homeowner is present and has his gun and is in the process of clearing his house when the police arrive. They are outdoor of a glass French door and they see the homeowner with a gun and tac light clearing his house, they yell for him to disarm, wait 1 second and shoot through the glass door. Is it still the homeowners fault?

that's a far better scenario for what i was trying to make an example of

and it did not really happen so i was not shot