I have edited my original post to exclude any information about the incident. Nobody was injured in the incident. The cops had around a dozen or more witnesses that confirmed my statement and that the guy was threatening immanent bodily harm and death and attempting to gain entry to my vehicle for that sole purpose. They caught up to the suspect about an hour later and he was very drunk, and possibly under the influence of other mind altering drugs. They did not arrest him, but made a report, and if he made any more trouble, they were going to take him to jail. I was also on the phone with the 911 operator the entire time, so they heard the entire incident from start to finish. If I had known he was following me, I would have kept driving. I live in Washington state, which I believe is a stand your ground state. Although it could be argued that I had a safe path of retreat, I would have had to take my eyes off my assailant, that I didn't know if he was armed or not, take my hand off my gun, fish through my pocket, and get my keys into the ignition. That is 5-8 seconds where he could retrieve a firearm from his waistband and shoot me, all while I was searching for my pocketed keys. It does not sound like there will be any prosecution, but I am playing it safe... I have a number of a criminal defense lawyer in my pocket, and have thoroughly documented everything.
I had to pull my gun today. Still shakng
- Thread starter ffthomson
- Start date
DavidWhite
Banned
First piece of advice I can give you is to hold on tight to your sphincter because you're about to be blasted for asking for "thoughts and opinions" on a public gun forum...
bofh
Banned
Oh, boy! I hope this is fiction, if not, here is my advise:
You do understand that your post is in the public domain and can be used against you in court, right? Your post will show up on a simple Google search. Most people want to talk after such incidents, as it helps them to process it. However, this can be very counterproductive and has landed innocent people in jail. The only two persons you should talk to are your spouse (if any) and your lawyer. Depending on your state's deadly force laws, you could be charged with aggravated assault. Just because the police officers were friendly to you and didn't arrest you, doesn't mean you won't be charged later. Their job is to gather as much information as possible. Since the other person didn't had a weapon and your car window wasn't broken, a prosecutor could decide that you were not in a reasonable fear of imminent peril of death or great bodily harm. You could also still face a civil law suit.
As for the incident, distance is your friend. If you encounter something strange, create as much distance as possible, even if it means to change your plans and drive back home or directly to the local PD. If someone is outside of your car and threatening you, drive away. Again, distance is your friend.
My Monday morning quarterback advice.
- Shut the ... up!
- Edit your post and remove the content!
- Get a lawyer!
You do understand that your post is in the public domain and can be used against you in court, right? Your post will show up on a simple Google search. Most people want to talk after such incidents, as it helps them to process it. However, this can be very counterproductive and has landed innocent people in jail. The only two persons you should talk to are your spouse (if any) and your lawyer. Depending on your state's deadly force laws, you could be charged with aggravated assault. Just because the police officers were friendly to you and didn't arrest you, doesn't mean you won't be charged later. Their job is to gather as much information as possible. Since the other person didn't had a weapon and your car window wasn't broken, a prosecutor could decide that you were not in a reasonable fear of imminent peril of death or great bodily harm. You could also still face a civil law suit.
As for the incident, distance is your friend. If you encounter something strange, create as much distance as possible, even if it means to change your plans and drive back home or directly to the local PD. If someone is outside of your car and threatening you, drive away. Again, distance is your friend.
My Monday morning quarterback advice.
I have to +1 this. Rule 1 of post incident is say nothing unless it is to your lawyer (spouse is probably safe, but that's a probably) until you are legally cleared of any and all wrong doing. If you weren't charged, you still haven't been cleared.
And distance, distance, distance. What would the time trade off have been to crank it up and keep driving? To call while still rolling or once you got to your destination? From the original (red light) incident you seem to have a solid description of the guy - be a mobile witness rather than a stationary one.
I realize hindsight is 50-50, and that people have all the time in the world to critique seconds worth of decision, but pray it doesn't turn into anything and learn from it.
bofh
Banned
What about emotional harm? He pointed his firearm at a person. That person can claim that he experienced a severe emotional impact from this incident. His lawyer could parade a number of expert witnesses in a civil trial.
Rhino
New member
Remove this post. As interesting and as informative as it is, there may be some legal ramifications yet to come and you don't want this information out in public. You may encounter this person again, so the story may not be over yet. Even if you don't see the person again, there still conceivably could be some legal issues. You would be amazed at what can be twisted around to be used against you, so it is very much in your best interest to remove this material as soon as possible.
Reba
Sinner saved by grace
One has to have suffered some kind of financial damages in order to collect a monetary award.
Regardless, it does seem that the whole event should have been avoided.
Anyway, it looks like the OP took the advice here to remove the post. I hope things worked out for him.
bofh
Banned
There is a lot of information about Intentional Infliction of Emotional Distress (IIED) claims on the Internet. Look it up.
Yes.
Good.
DavidWhite
Banned
Hey? How did I become the "Lead" on an op that I didn't pen?
Reba
Sinner saved by grace
The real OP deleted his post. That moved everyone up the line.
Thanks for all the input. I deleted my original post, and contacted a criminal defense lawyer. Nothing has been filed, and I doubt anything will come of this, but I felt it would be a good idea regardless. As far as the comments about how this incident should have never taken place, you are correct. meth is a hell of a drug and makes people do crazy things. If I had known he was going to follow, I would have just driven home, and not had to deal with it. But hindsight is 20/20....
The only thing I would change per the advice of the lawyer, is hold at the low ready until it was time to start shooting. I am severely injured at the moment, so the disparity of force constituted a force multiplier (firearm). The lawyer said I handled everything as he would have, minus holding at the low ready. At the end of the day, I am just happy I didn't have to shoot anybody. And I am moving in a week in a half, so hopefully I never see this nut job ever again.
bofh
Banned
Rhino
New member
Cause we luv you man!
That's very fortunate. Sounds like everything's going to work out for you. Good luck!
