To Draw or not?

[joemendoza]

Take a look at this video:

California Cops Arrest Thug, 21, Seen Assaulting Defenseless Woman In Vile Viral Video | The Smoking Gun

OK, we all know the thing to do would be to avoid the situation, or move away. But it looks like the woman has nowhere to move to (well, maybe into a store). I imagine if she tried to walk away the thugs would follow her.

She is intimidated, but likely not in fear of her life (even though these things could escalate, right?). So if she had drawn a weapon before the first hit, would she be prosecuted for brandishing or what-have-you? How about after the first hit? Or how about just before the second hit? Or could she have shot just before or after the second hit?

Lots of questions (alas that we have to ask them these days), but these are the issues an over-zealous DA would look at. Thoughts?

 

[eXGee11]

Key word: California. She would have been arrested for even considering harm. He was about to turn his life around after all!

 

[unclewayne17]

In any other state they would of had to made the first move, producing a gun or knife etc. One of the reasons there is such a problem with Illeagles.

 

[golddigger14s]

Draw, disparity of force justifies it. Oh wait it happened in CA, you would have to ask them to wait until you got your gun loaded. Oh wait again, new law no OC in CA come Jan 1.

 

[joemendoza]

Ah, yes, California! But you know, the real issue will appear elsewhere too. Are fists a deadly weapon? Can one be in fear of their lives when attacked only with fists? I'd say yes, but many DAs would say no.

Not every barroom brawl puts one in fear of his life. But a simple punch can quickly escalate to deadly punches, as with Reginald Denny. It's really something to think about. Me, I think I would have drawn but not fired in this situation, after the first guy hit me and moved away. But then again, in California? Maybe not ...

 

[Nightmare45]

Disparity of numbers, size, age, call 911, draw your CCW and blast away, oh hell, CA you most likely don't have a CCW or license take the beating and assist Obama in handing out your wealth.

 

[Tucker's Mom]

That's exactly what happens to gun-free zones...sad.

 

[dumb okie]

I know it is fun to bash California but Sacramento county is the closest thing to shall issue you will find in CA. If you can legally own a firearm you most likely will be issued a ccw permit

 

[Deserteagle]

This video almost looks fake. The woman just stands there in front of the store like nothing is wrong while a guy video tapes his friend standing next to her taunting her. The news article makes it look real but I think it looks fake.
Would I draw my gun? Nope. He slapped her, and pushed her down. That's not deadly force or fear of great bodily harm. The guy is laughing the whole time too. If you drew you gun , you are escalating the situation and you would be put in jail. Just simply call 911 and sit tight unless it looks like the victim is going to be killed.

 

[Terminal Lance]

Any woman that gets attacked by a man unprovoked is at a greater risk for serious bodily harm that men are. No offense ladies but it's true. Once she was slapped she should have drawn (I would if I were a woman in that situation) and if he didn't choose to stop then he would have the choice made for him. Then again I live in Indiana where there are no retreat duties and our state actually encourages us to defend ourselves here so I don't know. Also, everyone always harps about ADA's and prosecutors, but no one seems to remember that there are also defense attorneys. I'm fairly confident that if Casey Anthony can win, a 2nd year law student could make a strong self defense case for a woman being attacked by a gang banger.

 

[walt629]

You notice the cross hairs on his forehead? That's where you insert the bullet. POS. And then they wonder why there is a prejudice against the whole lot of them. THey proudly post this like some sort of badge of honor and cannot understand why society, at least the normal society, is prejudiced against them. POS.

More than likely if she had drawn a legal weapon in selfdefence she would have been mowed down by gangsta fire from the other dipsh*ts along for the jollies. Unless of course she dropped the attacker and immediately went Rambo on the car load of ******* that were there for the "fun".

 

[Mobuck]

I'm not an old west gunfighter and feel no compunction to wait for the other guy to make the first move before I draw. Obviously, in a non Castle Doctrine/stand your ground state, you should attempt to move away. At the point where the aggressor puts a hand on the victim,physically prevents retreat(pushing down),or strikes the victim, the victim should be justified in producing whatever weapon was available. Many times that would end the confrontation but drawing should ALWAYS include the intent to fire rather than just an attempt to intimidate. If the aggressor subsequently produces a weapon of their own, it's battle rattle time regardless of whether the bad guy is laughing or not.

 

[Providence Ranch]

I know it is fun to bash California but Sacramento county is the closest thing to shall issue you will find in CA. If you can legally own a firearm you most likely will be issued a ccw permit

Sorry, I have to butt in here because this is not entirely accurate. There are many counties in California which are shall issue counties. Sacramento county is just recently converted, due to a successful lawsuit by the CRPA, and thank God. The problem in sac county is that the backlog now has the process taking right around a year, start to finish, and costing a few hundred dollars, including the required CCW class. Lots of people consider the process in this "shall issue" county so burdensome that they don't bother trying. Numerous other counties are also shall issue, but have been so for long enough that the process is much more reasonable. I know, I work in sac county. And I can't WAIT for the good citizens who make it through the process to start changing the balance of power on the streets, because situations like this video are all too frequent.

The situation on the video is strange. Obviously something took place before the video begins, which we don't get to add to our assessment of the situation. But there is a tension there. I believe based on that tension that the woman knew the guy was up to no good. So why did she continue to mill around and allow this punk into reach of her? Maybe she was boxed in, I can't tell from the video. But the comments here about disparity of force have it right. Two hoodlums, young and male against one older smaller female. This equation would justify her use of deadly force if she had had that option. I would love to have seen this woman step back a couple of paces, present a weapon, and yell something like "Don't come closer to me or ill shoot!" I can almost guarantee the coward would have turned tail and run, baggy pants falling down around his ankles the whole way. And the only shot fired would have fallen out of the punk's pant leg onto the sidewalk.

 

[TruckTurner68]

I love PA

Castle doctrine she would have been justified drawing and if they chose to persue any further it would have been a justifiable shoot. I hope she is okay....

 

[Nightmare45]

Happens everyday, everywhere, wake up be aware of your surroundings, that said this POS would be better off on the brown side of the grass.

 

[JJFlash]

Gangbanging a$$holes assault a woman and we're questioning whether to draw a weapon? No question in my mind.

 

[Cotillion]

I'm glad I'm a big guy who packs heat. Not only could I knock out ol glass jaw in that video but if he woulda been dumb enough to draw boom goes his knee caps!

Seriously that's just sick though who attacks a mental older lady? I like how he walked away at the end like he just fought a dude too, all proud of himself. This whole topic is the reason I get all worked up about our country. Nobody should have to live in fear. This shouldn't be a topic. Can a woman protect herself against men who could easily kill her? F-ck the jury that convicts her is all I gotta say

 

[4theroc]

Thats the dumbest reply possigle.

 

[skeeterss0]

if you fear being attacked draw. better safe than sorry

 

[Tony_Bones]

Disparity of numbers, size, age, call 911, draw your CCW and blast away, oh hell, CA you most likely don't have a CCW or license take the beating and assist Obama in handing out your wealth.

Sacramento County. Shall issue.