When has the threat ended?

Discussion in 'GATE Self-Defense Forum' started by MAG40 Student, Mar 15, 2017.

  1. MAG40 Student

    MAG40 Student Silver Member

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    Mas,

    The attempted bank robbery below took place on January 20, 2017, in Rockford, IL. Good on the security guard for ending the threat and for protecting his life and those of the bank's employees. Good on the SA's office for ruling it a good shoot.

    Moving to the hypothetical: Let's assume a similar situation, except rather than armed security hired by the bank it is a civilian bank customer with a CCL who fires to stop the threat. Three questions:
    1. Would a shot similar to the last one fired by the guard in the video likely be considered one too many since the gunman had turned to flee?
    2. Does the close proximity of the gunman and his potential ability to continue firing his weapon (whether by turning and firing or by simply pointing behind himself and firing), instead represent a sufficient continuing threat to justify the shot? (Adrenalin dump, noise, confusion, fear, etc. -- there may be all sorts of reasons why a GG might continue pulling a trigger, but I realize that's not the same as being able to articulate jeopardy.)
    3. It seems all six criteria are present in this example to justify use of deadly force against a fleeing suspect. Would you agree or disagree?
    Many thanks, Mas, for all you do to inform and educate.


     
    Last edited: Mar 16, 2017
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  2. Mas Ayoob

    Mas Ayoob KoolAidAntidote Moderator

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    1. Plaintiff's counsel might argue that when he sues the shooter on behalf of his survivors for violating the decedent's rights to life, liberty, and pursuit of innocent victims. Once the bank robber fired at the guard, it was attempted murder on his part, a heinous felony against the person.
    2. He was active, mobile, aggressive, and rolling and running with a gun in his hand. It would be hard for a reasonable and prudent person to construe the robber as other than a deadly threat.
    3. The fleeing felon criteria are indeed all in place.

    best,
    Mas
     
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