The answer to all of this is to issue a revolver with 5 bullets to people when they turn 16. Five free shots. Think how you would act toward other people if this were the case!
If someone is attempting to car jack you or break into your house I have ZERO issue with someone using deadly force. With car jacking there are or can be variables, like was the person actually coming to car jack you or possibly just ask for help? In house invasions, I think it's ridiculous when they try to prosecute the person become there may not have been danger to ones life. The person broke into the house, end of the story. Now in this case, I think Gasser should be charged with something because the fact is he knew McKnight was not coming to car jack him. The issue escalated because of a traffic altercation. McKnight flashed no weapon, no need to shoot. Fact is Gasser didn't want to fight him, so he shot. He deserves to be charged. This is not a case of rolling down a dark street, coming to a light or stop sign and some scum bag charging your car.
Police report says he was shot thru the open passenger window. So odds are McKnight was leaning in the window if they were arguing and gasser popped off 3 rounds. It's not about right or wrong. You have to keep your ass in your vehicle. Otherwise you get out screaming at someone and that idiot feels threatened you're getting shot. If you haven't been taught that, there's nothing anyone can do to save you. People are going to shoot and ask questions later. It's a crazy world out there. Don't act an idiot bc there's a good chance you're going to be shot by one.
@MLUTiger that is basically what the judge told me, that because we were in a public place and we both had a right to be there, I was fine until I picked up the 2x4. He had no weapon of any kind. Also because of the extent of his injures he said I used force beyond was was sufficient to allow my escape. I kind of lost my temper once I started on him, I'm sure the alcohol and him being an asshole had something to do with it. I didn't just hit him to get him off of me but continued to inflict more than what was needed to end the fight. I'm pretty ashamed of it now and wish I would have walked away. We had opportunity to leave as the danger was not imminent and he was not really angry just being a bully. Witnesses told the judge that I had ample time to just leave and avoid the conflict.
I realize that and wasn't speaking to that, rather, the "after" that each one of these leaves with determining whether it was or was not justified.
Don't feel bad. You probably taught that bastard a good lesson and saved some other people getting their asses beat down the road. Just one would probably accomplish the same thing.
"force with force" text is noted. But my point was that it didn't have to be gun vs gun. You can use a gun to prevent great bodily harm, whether thats from a knife, knuckles, or someone about throw hydrofluoric acid on you.
What if Joe had reached in and grabbed him by the hair and was in the process of pulling him out the vehicle?
Grow some fucking balls and fight him. Clearly, Gasser had a part in instigating the situation. McKnight did not come at him with a weapon, there was no need to shoot him. Had McKnight had a weapon and was at the window, then yes, shoot.