Quote:
Originally Posted by JMintzer
You don't have a clue if any of what you posted is true...
He still had the gun in his hand (fake doesn't matter), pointing it at people. He was still a threat. Someone could have moved suddenly, causing him to react (and shoot if the gun was real). The fact that the gun was fake is irrelevant.
The only issue that may be a problem (from the grainy video I saw) was that the man who shot him walked up to the perp (while he was laying on the floor) and shot him several more times.
The question for the courts will be was that excessive , or is there evidence that "a reasonable person" still considered there to be a threat...
Time will tell...
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That may well be the fly in this particular ointment. Thanks for pointing that out.
In just about all states (maybe all of them, I don't know) you must stop shooting as soon as the threat is neutralized. If the shot perp on the floor is still alive and still presenting an active threat, then yes. You are justified. Otherwise, not.
This is Texas though. That fact may not play as big a part as it probably could play.