Well, would you have had to under those circumstances?
Don't know for sure. Was there a time when I could have got away from the bikers? That would have been the best outcome
Well, would you have had to under those circumstances?
You clearly do not understand the law then. What threat of imminent death or serious bodily injury to justify the use of lethal force exists here? Good luck with that jury.
Don't know for sure. Was there a time when I could have got away from the bikers? That would have been the best outcome
I'm talking about the point where the car is cornered. The driver made every attempt to flee the bikers beforehand.
I did not say anything about shooting the biker walking up. Showing the gun lets him know what he is getting into. Once the biker smashed the window, he was a serious threat. You keep attempting to escalate showing the gun as equal to shooting the gun.
39-13-102. Aggravated assault.
(a) A person commits aggravated assault who:
(1) Intentionally or knowingly commits an assault as defined in § 39-13-101 and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon; or
(2) Recklessly commits an assault as defined in § 39-13-101(a)(1), and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon.
39-13-101. Assault.
(a) A person commits assault who:
(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
I'm talking about the point where the car is cornered. The driver made every attempt to flee the bikers beforehand.
Doesn't exist. I think you may mean a justified defensive display. Basically if you would be otherwise justified in using deadly force you would be justified in threatening deadly force.
Maybe, but even if he did there's no guarantee that it would have changed the outcome.
Ya pays your money and ya takes your chances
As I said, you clearly do not understand the law then.
Once the window is broken, there is no barrier between you and the attacker. That's usually when the justification for using lethal force applies. By that time, showing the gun to the biker is the same as pointing it at him. If he complies, good if he doesn't then you may lawfully use deadly force.
If the window is not broken and the biker is hammering at the car, you are not in imminent danger of death or serious bodily harm. Hence, displaying your gun is illegal and stupid.
Regarding the question about the justified defensive display, I have my own rules about that.
My first premise is that I really don't want to shoot anybody IF I have a choice in the matter.
So as a confrontation develops, you always should try to de-escalate it IF POSSIBLE.
The first de-escalation step is to STOP TALKING. Let the other person talk.
When he/she is finished talking, as long as they are just talking, I would then apologize.
It is a lot easier apologizing even when you don't mean it than it is to fill out the paperwork at the police station explaining why you shot somebody.
In one of two hostile encounters that I have been in, apologizing calmed the other person down, who happened to be quite drunk.
In the second of two hostile encounters that I have been in, the opponent rushed at me (3 different times).
Bruce Lee teaches that you should always maintain your fighting interval, and so when someone rushes you it means you should withdraw backwards. Now a lot of would-be gunfighters don't like this answer, but that's what I did.
Normally after the first rush I would not draw, although drawing would be justified.
In this case with this second opponent, he figured out after his 3 failed rushes that (1) I was not easy to catch, (2) I was probably a trained fighter, and (3) I was probably holding an ace that he was not holding.
I think if he had rushed me a 4th time then I would finally have drawn, and kept my pistol close at my side, pointed upwards towards the sky, in a two handed grip. But I did not need to. He gave up his aggression and walked away after his 3rd attempt to close the gap on me failed.
In states where there is stand your ground, I still like to follow Bruce Lee's advice and retreat to preserve my interval. I think this is critical even if your plan is to draw and shoot. Keeping your interval is a very successful defense against a knife (if there is one) or a lucky swing (if the other guys can swing fast).
Are you one that believes there is no justification for pulling as a deterrent?
What about the driver in this scenario?
As I said, you clearly do not understand the law then.
Once the window is broken, there is no barrier between you and the attacker. That's usually when the justification for using lethal force applies. By that time, showing the gun to the biker is the same as pointing it at him. If he complies, good if he doesn't then you may lawfully use deadly force.
If the window is not broken and the biker is hammering at the car, you are not in imminent danger of death or serious bodily harm. Hence, displaying your gun is illegal and stupid.
Like I said, even if the driver was armed, which he was not, he was outnumbered.
So his only hope was to get to a place where he could get support.
The nearest police station would have been the best place like that.
However in reality he never made it.
The bikers stopped him and beat the crap out of him.
I didn't say anything about shooting the biker walking up either. I just said that you clearly do not understand the law then. This post demonstrates it clearly.
In the eye of the law, showing your weapon in a threatening manner and shooting it are both considered use of lethal force. Once you show someone your weapon in a threatening manner, you need to be able to justify it with the argument that you were in imminent danger of death or seriously bodily harm. That's why your concept of brandishing is considered stupid by all firearms trainers and by all criminal lawyers.
Here is the corresponding criminal codes from my state, Tennessee, TCA 39-13-102 and 39-13-101. I put your stupidity in bold and underlined the show vs. shoot clause:
Listen and learn:
Please explain what the imminent danger of death or serious bodily harm is! Did you watch the video, I posted? It is your behind that will sit in the chair in the court room, not mine. If you can't even defend your actions on an Internet forum, then you clearly can't defend them in court.
I would agree with you if the biker was just trying to dent his car. Yet, the biker was showing full intent to penetrate the car, which is imminent threat. When my family is in the car I going to take extra measures to defend them. I would think this would be easily justified.
The bikers clearly threatened the driver before he fled the first time. If I had just driven over a biker, I would expect they were chasing me to do harm. The biker getting off his bike clearly has a weapon in hand and does use it. The bikers were clearly the initiators and showing plenty of hostility at the point of the attack. How you don't see imminent threat is puzzling.
I'm curious, at what point did the bikers become an imminent threat? Maybe after half his face was smashed? Under your thinking, the only right scenario is shooting the biker. Mine at least attempts to deesculate before entre of the car.
I'm riding my opinion on that the bikers showed plenty of imminent threat. You sound you you think there was a possibility the bikers were going to offer driving advice.