squinty wrote:I don't know. I've been attacked by people who didn't seem to pose a serious threat to my life, and managed to deal with them by other means. Not every unarmed attacker can reasonably be presumed to pose an imminent threat to your life - and shooting an unarmed person would be a hard hard sell to a jury, either way. Even in Texas. I like the right of fresh pursuit - you should be able to chase attackers away, and makes sure they stay away/keep moving away from you or your property.
It is quite possible for an unarmed attacker to pose such a danger, and certainly a mob or group of unarmed attackers trying to drag you to the ground and kick you is a dire threat. And in such cases where I am afraid for my life I'll do what I have to and then do the best I can in court afterwards. But not every unarmed attacker has the intention, or capability, of killing you.
9 times out of 10, I will assume my life is in danger. That doesn't mean I draw a weapon and fire instantly though. It means that "my life is in danger" will be my starting point on how my decisions are initially made in that type of situation. IMO, it's easier and safer to ratchet down from that threat level, after a more thorough evaluation has been made, versus ratcheting it up as it potentially escalates. You may get to "your life is in danger" too late. Better safe than dead. Besides, I'm a scrawny little puss and get scared easily.
While Fresh Pursuit is handy, I don't know about chasing them. What it does
allow you to do is fire at them as they are fleeing. Hopefully from a secure (and steady) position.
Regular Guy wrote: Yeah, an attacker has to have the ability to kill you for there to be a justification of deadly force. A grandma in a wheel chair with a baseball bat versus a fit male in good health with full mobility is not a justification for lethal force. The law looks at this as the male having the ability to escape.
Not necessarily, at least in Texas. But in principle, I agree. No need to off grandma. Just find some stairs.
squinty wrote:Well, in some places the male has no obligation to escape, or no duty to retreat, so that's irrelevant. But he still would have a hard time claiming he thought death or serious was imminent vs. wheelchair lady, and I doubt Rugger would shoot her. I've had people swing at me or put their hands on me because they were upset or offended by something I said (I know that's hard to believe about me, but it's happened) and all I had to do was pin their arms for a couple seconds or push them away and warn them, until they calmed down again and got over their outburst. No weapon necessary. Not all assaults are alike, they don't all rate the same response.
No, I would not shoot Grandma, unless she had a gun. And yes, I've had to do the same thing a couple of times. Full nelson and then, if they continue to be a meany, to the ground. Generally with me coming down on top of them. I like being on top.
ETA: fixed quotes