i agree, to a point. but as much as i agree with the "make my day" law, the right to carry concealed (hell, i have a carry license and do make use of that license), i also do not believe in jury nullification. i thought it was outrageous in the oj case, and if i look at the law here, as the law is written, what he did was illegal. that is why i said manslaughter. i dont think it was cold blooded execution as presented by the prosecution, but at that point, the shooter was no longer in danger, so according to the law, he was not shooting in self defense. as a gun owner with a license to carry, i believe in following the law that allows me to do so. was his initial shooting justified? absolutely 100%. his mistake was he did not stop there. apparently it was not just a few seconds the perp was down. it was minutes of getting a different gun and walking back and forth past the body, THEN shooting. i think the body being down and motionless, and the time between the initial shooting and the shooting that brought the charges is what did it. it is a tragedy all around. i agree that the perp shouldnt have been a punk ass kid robbing the place. he was gonna be taken out sooner or later. and the pharmacist had the right to self defense. i feel bad he was put in that position. but when he didnt stop with the initial shooting he acted outside the law. it is not the first time that someone here has done that, it just wasnt caught on tape before, but it was circumstance of pursuing and shooting after the initial self defense, and the law says you may not pursue. that person was also charged.
i can agree with that. if the defense of not guilty by reason of temporary insanity had been entered instead of not guilty, the pharmacist might have stood a chance. how would i act if i were put in that position? i dont know. i do know i would sure as hell shoot. i would like to think that reason would take over and i would shoot in self defense and not then just go bat shyt crazy. who knows, this may bring about changes in the right to shoot laws here. i do know they are very tight of when it is, and is not, justified. much more so than in other states from what i have read of other states laws. and the da's here to seem to enforce it. so maybe it is time to loosen the laws.
I have two cop friends. They say you should Always say "I was in fear for my life. The perp was attacking and I had no choice"
Yeah, but now he's pissed and he might get up and hurt you. Better to make sure he stays down. If the guy's doped up he can do some super human stuff.
You try that one in court, good luck. I'm going with "It was an automatic, your Honor, and the 2nd and 3rd shots were involuntary." You can hit them multiple times while they are standing. But forensics will reveal it if you shoot a man down on the ground.
But you also give "ammunition" to the gun control nuts who want to take your automatic away. They might grudgingly concede your first shot, but not the 2nd and 3rd.
Useless-trivia-that-moves-the-discussion-nowhere time. The first American to successfully use a temporary insanity defense in court was Dan Sickles, who later commanded a Union Corps at Gettysburg. He found out his wife was being boinked by the son of Francis Scott Key, and did him in. He was a Congressman from New York at the time. Sickles lost his Corps at Gettysburg when he moved them out of position without orders. He also lost a leg in the battle.
An upper chest shot with hollowpoints at very close range will do the job. That's what I tell my wife with her .38 special. Hit between the tits center chest and the hollow points will take out both lungs and probably the heart too. Hit a little low and you get a liver/stomach shot and a lil high and your in the throat. I have a sheet of plywood with a man's outline on it. From about 12 feet she can do a fine job. I tell her to shoot him in the chest and when he's going down run like hell. He ain't going far if he gets up. As for myself, if that .357 hits him you would be able to throw a baseball clean through the bullet hole. Nobody lives through a .357 mag to the chest at less than 20'. I don't trust a small caliber firearm to do the job. I would be afarid shot placement would be hard in the heat of the moment. I would do better because I hunt than my wife I guess. That's why I went with a .38 over a .380 or .25 cal. My next firearm will be the judge pistol that shoots the .410 shotshell. You can't miss with 00 buck at close range. Just aim for the face and spray his azz.
