Quote:
Originally Posted by ThirdOfFive
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.
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Yes, I agree that would/will/could be the "hinge" on this one, emptying the weapon as "excessive" use of a stopping measure ? Can a reaction to fear from having just faced the threat of death, result in an emotional response like that ? You hear of situations like that in combat, when and individual, faced with instant death, reacts with "over kill". Frankly I don't know how any of us knows for sure how we would react. Again, I go back to an individual making a decision to threaten others at gun point, is taking a huge risk.