Re: Geezer shoots punks
Keep in mind that though the armed citizen was firing at them as they 'fled', they were still close by, armed, and inside a space with other civilians. Inside 21 feet, a handgun or a bat are both lethal weapons. Ability, Opportunity and Jeopardy were all present, and so the CCW had no issues engaging.
Another thing the CCW holder did right was that he stopped at the door (even though he shot through the opening) and locked it after the perps had fled. He didn't pursue them for blocks, or even go outside. He secured the inner space that he now dominated and that effectively ended the engagement.
From what has been posted on this case on various news outlets, he will not be charged.
Is he still open for civil suit? Yup. But whether the perps will pursue largely depends on whether a lawyer would take their case. And unless the CCW holder is a millionaire, it's a waste of time to go after him anyway... What will they get? And based on that video, be pretty hard to get a jury to convict the hero even on civil charges.
Do keep in mind that if you use a firearm in self-defense (as a civilian or as an LEO) your life will change, at least for the short term. It is not a small thing to engage like this. For an LEO, you don't go to commercial break or roll credits. You go on suspension, you go in front of review boards, get grilled, blood-tested, psycho-analyzed, etc. You may get charged, dismissed, sued... or a citation for valor. Or maybe all the above.
For civilians, you are at the mercy of your local prosecutor/DA's office when it comes to criminal charges. And regardless, the police will detain you, will question you, will take your gun for evidence (you may well get it back...). Charges will be the discretion of the DA, but the police won't just say "Thanks" and give you a ride home, even if it's what you may deserve.
And if you get through all that, your friendly ambulance-chasing activist lawyer may well sue you for everything you own on behalf of a perp who (by the time of his court appearance) be all cleaned up, have a nice suit, a $100 haircut, have found religion and will now be a volunteer at the local soup kitchen.
Were the guy's actions the right thing to do under the circumstances? IMHO, absolutely 100 percent. Are there likely to be consequences, even though he had a successful outcome? Perhaps not in this case, but in an identical engagement in a different city or jurisdiction... it's a crap shoot. Hopefully for the gentleman in the video, there will be no criminal or civil consequences.
Again, know the law, train well, have a plan, etc. IMHO, this guy should go down as a textbook example of doing it right.
Cheers,
Sirhr
