tuts40
New member
Ok, simple is good!
Crackhead attacks car what would you do?
- Thread starter Usa007
- Start date
Ok, simple is good!
So in Colorado you have to wait until you're the one bleeding before you can defend yourself? Damn! Time to move. So what if the same guy is in the street in front of your house beating the daylights out of your kids bicycle and she's standing in your front yard screaming her head off in hysterical fear? He's pacing back and forth screaming incoherantly at her in a threatening manner waiving a 2x4 in the air and threatening her? Is that still just "menacing"?
aluminator
New member
I would loose my cool.
Deserteagle
New member
If you think I dont understand castle doctrine because I dont live in your state, than you clearly do NOT understand castle doctrine because you dont live in my state. What sense does that make? Point to be made: Why the heck do you go around bullying people on threads saying they dont understand stuff when you also clearly state that you dont know the law in their state?
In my state, I cannot shoot somebody for breaking my tail lights or smashing out my rear windshield. If they come at me and make me fear for my life, and I cannot retreat or use a lesser degree of force, then I can use deadly force.
Deserteagle
New member
In Colorado, you can only use deadly physical force:
1. In self defense when you cannot use a lesser degree of force, and you fear great bodily injury or death, or the person is committing kidnapping, sex assault, or robbery.
2. Against an intruder in your home who entered unlawfully and intends to harm any person in the home or commit a property crime in the home.
3. Against a person who trespasses on a premises and is believed to be committing first degree arson.
4. Against a person committing theft, criminal mischief, or criminal tampering involving property only when justified under the self defense section. Aka, number 1.
If somebody is damaging my property, I must also fear death to use deadly force, and only when I cannot use a lesser degree of force. If the man in your scenario is pacing back and forth, then I can grab my daughter and walk away assuming he keeps pacing and does not come at us. I couldnt care less if he just kept walking up and down the sidewalk with his 2 by 4. Only when he starts walking towards me would I do something. If he is on my property with a weapon and breaking my property, then deadly physical force is justified assuming the court agrees that "in your dwelling" also translates to on your driveway.
festus
God Bless Our Troops!!!
My Name is...I called 911. I was afraid for my life from the deranged man with the tire iron/deadly weapon...He repeatedly assaulted the vehicle and it's occupants in an attempt to cause grievous bodily harm or death to the occupants...I only wanted the threat to stop. I am the victim of a violent crime. These are all witnesses (pointing to crowd of onlookers). That man over there filmed the whole thing. I want an attorney before answering any further questions.
This either happened, or was staged, whichever, on the las vegas strip, north end. Anyone who lives here like me knows it. Right near the "largest gift shop in the world" which you see in the background, and the sahara, where you see the roller coaster. Not Ca. For what it is worth, we do not have the castle doctrine here, but my atty told me the da here, Roger, has never prosecuted someone for shooting a criminal who broke into their home. Would that apply to this car case? Don't know, but given the DA'a attitude towards people who defend themselves, I think it would. But the video looks staged to me.
maybejim
Maybejim
Kalifornia case law has established that if someone breaks into your home, you can assume they mean you grievous bodily harm. I think you have a pretty good case in this assault that you were in fear for your life.
worshipviolin
WorshipViolin
Right near peed my britches over this one! LOL!!
Seriously? After that first hit on the car, when he walked around the front to my side, i would run him over. The driver had several chances to hit this guy with his car (forward or reverse). Legal ramifications? At the time i really wouldn't care. To me, its defending myself with what i have available, as he is attacking with an equally deadly weapon.
Boatswain2PA
New member
Once again I am disturbed by some answers here. I can't always CCW due to where I work and sometimes travel (military base). If this is happening to me, with my kids in the car....I would hope I would get some help from someone else.
If I saw this happening to you, your wife/kids, or your mother...I would've called 911. But in the intervening minutes, I would've stopped him. I am disturbed that so few of you would do the same to help me or my family.
If I saw this happening to you, your wife/kids, or your mother...I would've called 911. But in the intervening minutes, I would've stopped him. I am disturbed that so few of you would do the same to help me or my family.
Treo
Bullet Proof
Prove from the perspective of the driver that this wasn't trying to beat his way into the car and attack them. There's not a jury in Colorado that would convict
I'm being argumentative here and after reading it, perhaps the "in front of your house" scenario doesn't fit the circumstances presented in the video but I think you have proven my point.
This really is not a discussion about the property. Maybe one of us is missing the mark in this thread. Your item 1 backs up what I was saying. "Fear great bodily harm". At the point the widows are broken out is where the "fear of great bodily harm" comes in. The 'crackhead' is using an instrument of destruction that has voilated the sanctity on the space I occupy with an act of violent aggression.
If the occupant of the car was not in fear for her life then wht would she be screaming and trying to evade the attack? In the video presented ther was no avenue of escape for the ocupant of the car. That person was esentially backed into a corner with no place to go until the car in front of her moved out of the way.
In that short period of time she was trying to evade that instrument of destruction could have come therough the window and casued great bodily harm.
So according to your description of Colorado law, that occupant would be justified in defending themself against great bodily harm by the use of deadly force.
And in my ficticious account of the transgression in front of your home, I agree with your summation. Walk away... but as soon as foot 1 lands on my property it would be "game on!"
Deserteagle
New member
The point I wanted to make about the crackhead attacking the car scenario is that if he smashes out my front headlight or my back windshield or brake light, it is clear that he intends to destroy the car. I would only shoot if he came up to my window, because then it shows he is not after the car, he is after me. Cant shoot somebody for breaking your headlight. In this video he doesnt seem to care about the person inside because he walks right past the driver's window and never attempts to get to the driver.
maybejim
Maybejim
Rethinking my answer.
Personally, I would be in fear of grievous bodily injury as soon as the drugged out moron struck my car with that deadly weapon. It wouldn't be necessary for a window to be broken out (this is a rethinking of my earlier answer). I think as soon as the guy actually struck something with his weapon he met the definition of a life threat. He had the means, he apparently has the motivation. If you wait til he gets to your window, it may be too late.
Personally, I would be in fear of grievous bodily injury as soon as the drugged out moron struck my car with that deadly weapon. It wouldn't be necessary for a window to be broken out (this is a rethinking of my earlier answer). I think as soon as the guy actually struck something with his weapon he met the definition of a life threat. He had the means, he apparently has the motivation. If you wait til he gets to your window, it may be too late.
NCIC105
New member
He has a deadly weapon. He has the ability to kill you or others and is attacking you. (Had he made contact with the drivers window the driver would have had serious injury)...At one point the person was attempting to flee. They were trapped...No one will find you guilty of sending this maggot to the morgue!
Facts
He had the ability
He had the intent
You are justified....
You even tried to escape..(not required under the circumstance)
A reasonable person would fear for their life in this situation. No District Attorney would prosecute or accept this case.
Just be sure where your shot end's up or you could open up another issue... Patrice... Patrice... Patrice....
Wonder how good the car would fit up his A$$...I would have taken him out with the car....
Facts
He had the ability
He had the intent
You are justified....
You even tried to escape..(not required under the circumstance)
A reasonable person would fear for their life in this situation. No District Attorney would prosecute or accept this case.
Just be sure where your shot end's up or you could open up another issue... Patrice... Patrice... Patrice....
Wonder how good the car would fit up his A$$...I would have taken him out with the car....
