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Discussion in 'CHL Articles' started by Jakashh, Nov 5, 2017.
OP got his property back.
Bad guy got caught.
Sounds like he did it right.
Or hope it's dark in Texas ...
Certainly the best way to win the battle is not to fight it. Hence the first 3/4 of my original post. As for those who think that I (or you) would be "in trouble" if I responded with lethal force in the manner I stated at the end I would ask you to research how many LEOs have been convicted for shooting someone who reached for their wallet or phone against the officers instructions. It really has to do with whether you can articulate your perception of the situation effectively. You do not need to be correct in that perception.
For example, simply stating "I met him here to sell him a phone. I thought he was reaching for a gun so I shot him."
As opposed to "Officer, thank God you are here. I though I was going to die. That man lured me here to this remote place in order under the pretext of buying a phone from me then robbed me and attempted to kill me." Follow that with a thoughtful explanation of how initially the plan to meet here sounded very reasonable and safe but that you were not familiar with the area so you had no idea it was so remote. When he showed up without a vehicle you started to wonder but he looked like a nice, clean cut guy so you decided to proceed but you were still weary. Then describe how his actions, words and body language started setting warning bells off that things were not right and you started looking for a way out. "He then pocketed my phone he was going to purchase and the money he was to pay me with. I knew then he was robbing me. I was ready to run at that point. Then he made a sudden, deliberate move to lift up his jacket (reach in his pocket and started pulling something out) (reached behind his back, whatever) and I knew he was reaching for a weapon to kill me."
One response will buy you a one way ticket to jail and a trial. The other you will go home, probably right after your statement.
It's not whether or not you felt there was an eminent threat of serious bodily harm, it's whether a reasonable person would. It only takes a DA thinking there is a good possibility of conviction to bankrupt you in court, regardless of whether you win or lose.
Younggun, I am sorry but I just don't buy that line of thinking anymore. You are partially correct. It is what a reasonable person would believe and that first reasonable person to hear your story is a police officer. If you are able to articulate in terms he or she understands they are unlikely to recommend to the DA to file charges. But even if you get a DA with a chip on their shoulder before you get to court you get to tell your story to 12 (reasonable) members of a grand jury. You only need to convince 4 of them that there is not enough reason to file charges to be "No Billed". Assuming any physical evidence is consistent with your statement and you were not breaking the law in any other way during the event and you don't say something stupid, you will likely be fine. I am also assuming folks have not had any prior legal problems.
Keep in mind: The thief DID have a gun and had done this several times to other people prior. Do you really believe that in the context of this entire case you would be prosecuted? I would direct you to some of the excellent writings of Gabe Suarez on the subject of the use of lethal force. I think you will find them enlightening. Also consider training with Jon Payne who is a member here if you get the chance. He is excellent.
As a final note, I would have folks re-read the OP. At the end of the initial encounter instead of the thief brandishing a gun and then turning and walking into the brush, substitute he pulled out a gun and shot the OP twice in the chest at contact range. Does anyone still think that the OP did a good job? All's well that ends well?
Luck re-enforces bad tactics. I thank the OP for posting this as I believe he realizes the only reason he is alive is that the thief decided not to kill him. It was not the OPs actions that preserved his life. I am very glad you (the OP) are safe. I believe in Guardian Angels. You may believe in Luck. But we all need to learn from this.
I hope this helps someone and that everyone has a safe and Blessed Thanksgiving. I am done with this thread.