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Originally Posted by Marathon Man
Here is a question that this case has created in my mind. Is the act of drawing a gun to defend yourself and then shooting the gun a single act or two separate acts? I mean legally. I wonder this because when the pusher began retreating, it was as the shooter was reaching for his weapon. So did he back away before the act of shooting began, or did he back away after the act of drawing/shooting began. I guess maybe this will be answered at this trial (assuming there is one).
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Good post. Here's more. First it's now impossible to seat an impartial jury a this point. Second I believe the prosecutor is filing this knowing the judge is going to hear the defense claim SYG, feared for his life. The Judge will rule the shooting was justified because in the mind of the shooter he feared for his life (All that is necessary under the law). Bullet was in the front not the back, or the side, never turned away, one shot, no overly aggressive action by the shooter. Backing up, are you sure, was he done or did he realize he was about to get shot, did he also have a weapon? No clear definite evidence the threat was over. Case is dismissed under SYG. This gets the pressure off the prosecutor to levy charges. The case then moves to civil court. Were the rules are different. Total waste of taxpayer money. This also shows why if you have a CCW, you also better have CCW insurance. Always amazes me how people stand up for a thug who got shot because he assaulted someone. He committed a crime that caused his death. What part of that do people not understand? Did he deserve to die? Probably not in my opinion. However we are not a nation of opinions but laws. Don't like the law change it.