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Self defense question

Discussion in 'GATE Self-Defense Forum' started by elkriver48, Sep 7, 2010.

  1. elkriver48


    Sep 26, 2002
    West Virginia
    I have read many of the posts on this board with great interest and have felt that many have contributed to my learning curve.
    However, I do have some questions, especially for those members who may have a LE background.
    I totally understand the concept of "shoot them till they drop". But...what happens if, say your second bullet out of four striking your assailant causes him to turn around (for whatever reason) and while he still stands in the poor light your remaining two strike him in the back? Cannot, will not, an eager PA charge you with murder/excessive force/whatever in that case?
    It seems to me that the legal citizen attempting to protect himself or family is darned if he does and darned if he doesn't. I throughly enjoy the writings of Massad Ayoob and these, as much as anything have helped raise this question in my mind.
    I don't know who said it, but I also appreciate the saying,"Better to be tried by 12 then carried by 6." I just hope never to be put into the situation. I will always opt for Option 3 first...(Run!)
    I would greatly appreciate thoughtful responses.

    I first posted this on the ammo forum and Glockbuster kindly explained that this forum might be a better place.
  2. Mas Ayoob

    Mas Ayoob KoolAidAntidote Moderator

    Nov 6, 2005
    We figured that out a while ago, bro. Perp's unexpected turning away happens faster (180 degree turn in half a second or so) faster than the defender, firing as fast as he or she can pull the trigger, can react to unanticipated stimulus (.75 of a second or so) and stop shooting. Ergo, bullet(s) strike behind lateral midline. It's an action/reaction paradigm that's easy to explain in court.

    I first explained it to a jury in FL v. Hopkin in the '80s; Bill Lewinsky came up with it independently a short time later; Marty Fackler rediscovered it in the '90s. It's well documented, and a WELL-PREPARED defense lawyer will put it in front of your jury. And it may well have been used by someone before any of the rest of us did. Hopefully, it will get in front of the grand jury and keep you from being indicted at all.

    I hear you on the options. Personally, I think the goal is to first keep you out of the hands of the six pallbearers, and THEN keep you out of the hands of the twelve jurors. Surviving the fight to spend the rest of your life in prison seems like an awfully hollow victory...