Talk of The Villages Florida - View Single Post - Attempted Armed Robbery in Spanish Springs
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Old 03-12-2016, 02:42 PM
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Quote:
Originally Posted by Sandtrap328 View Post
...and possibly you would have a wounded would be robber and dead victims OR a robber with more than one handgun. Several scenarios could have happened. Best would be the capture of the robber.

In a scenario where the women screamed, the robber turned and ran, and the armed victim shot the fleeing bad guy in the back - just curious if charges of manslaughter would stick? Any legal experts weigh in?
Statutes & Constitution :View Statutes : Online Sunshine

Just giving you a link. You should draw your own conclusions.

Quote:
776.05 Law enforcement officers; use of force in making an arrest.—A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:
(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;
(2) When necessarily committed in retaking felons who have escaped; or
(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and:
(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or
(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.
History.—s. 13, ch. 74-383; s. 1, ch. 75-64; s. 1, ch. 87-147; s. 54, ch. 88-381; s. 1191, ch. 97-102.
You may want to look at some of the other statutes around this one.