My comments....
I'll thankfully stay out of EOTechRulesAll's discussion with other members and stick to the OP's situation.
First, Axehead, welcome to THR and thanks for sharing your story.
Second, seriously.... get a better SD handgun. The NAA is a nice thing for a few applications, but I'd want something a bit more capable if it came down to it.
Third, Some of the comments here are, in my opinion, off-base and not reflective of the situation you describe. Some are not based in a workable reality.
I'll give my take on it. Do understand, however, that I am not offering legal advice as I do not know the laws underwhich you live. Make sure you know those laws and operate within the laws as well as your own moral compass.
Axehead77 wrote:
This seemed to inordinately piss him off(and his now arguing female in the car with him) to a degree that I wouldn't expect. It's not like he got the finger from me or something! Perhaps he misunderstood the gesture. Either way, I put up with this on my ride home, him running about 5-10 feet off my bumper.
I've been there. At this point, you have no reason to suspect anything other than a hot-head behind you. The situation merits close observation of the person at this point and nothing more-- unless it is slowing down to let the guy pass.
Axehead77 wrote:
I live in a relatively rural setting, so I was surprised that he was making the same turns as me. Then I was alarmed as it kept up. He finally continued on, on my second to the last turn. I figured it was over at that point, ran in the house, grabbed some stuff for the kids and headed back out. As I made the first turn off of my drive, I could see that the 'gentleman', was parked perpendicular to the street at the top, effectively blocking the exit. The streets are pretty narrow and bordered by a ditch. No getting out.
I live in a rural setting as well. By the time I start getting pretty close to my house, I would become very aware if a car I didn't recognize was making the same turns as me. I know all of my neighbors.
Likely, I would start to get a heightened awareness of something being odd about this car at this time.
I want to point out that at this time, you haven't done anything wrong. If he didn't pull up at your house, you'd likely assume that the car moved on.
At the time that you saw him on the street, your Spidey-sense should have been going off.
Best solution is to have the wife call 911 and go get something to carry larger than a NAA revolver.
Now, THIS would have been my process....
If I pulled out and saw the car sitting like that, I'd put my handgun in easy position to get. I don't leave without my 1911A1, so it would already be there. I'd probably call my father-- who lives nearby-- and let him know that something is odd. I don't know that I'd call 911 yet. What exactly would I tell them? What exactly has the car done? Being in a rural setting, we live quite a ways from ANY police units, and they DO NOT appreciate getting called out on false calls.
If I had to continue on, and had to pass the vehicle, I'd have my wife keep Dad on the phone as we passed. My father is a better call than 911-- since LEO's are 25 miles away.
Axehead77 wrote:
He then popped out holding a bat.
OK... this is a BIG tip-off that he isn't going to be your new friend.
Where was the person positioned with the bat at this time? And where were you positioned at this time? How far from your house is the road?
Since I don't have the information from you on this, I will have to operate from my own situation at this time. My house is about 75 or so yards away from the road in front of my home. Now I am in a unique situation where the actual road my house is on is a private road on my property. He'd already be trespassing. In addition, we live behind an electronic chain-link gate. In reality, he wouldn't have gotten to my house in the first place. But I'll ignore that for now.
So there is a guy on the road at the end of my driveway with a baseball bat, and I am at my car near my house.
Well, this is where I'd have my wife call 911, and I'd arm myself. If I had been driving out and saw him, I'd calmly back up my drive and get to the house. I would have got the wife in kids into the house, had her call 911, and arm myself.
I'd probably shout to the guy something like "Can I help you?" and see where that goes. If I got a threatening response, I'd shout back that 911 has been called, and are enroute. I'd also warn the person not to come any closer.
Realistically, this would have likely ended the situation.
Axehead77 wrote:
You could hear his girlfriend (or whatever) egging him on.
OK... this is important. What is she saying. If I heard them getting all worked up about doing violence to me, may well have NOT warned them that 911 was called. I'd prefer that they didn't leave so that they could be arrested and charges pressed.
Of course, this is also assuming that they have not made an attempt to enter my drive or come to the house.
Axehead77 wrote:
So, as he approached the car, I was getting Mr. Mini ready, as he was swinging the bat around his head like some retarded ninja, my wife had the presence of mind to hold up her cell and mouth "9-1-1" to him when he was about 25 feet away. He got it immediately. Really deflated him and he hustled back to his car and peeled out. Didn't get his plate, shame on me.
This becomes problematic to me, because I'd have backed up to the house as soon as I realized he was parked at my drive. In short, I would not have been in the situation you were in based upon what information you had at the time and the perceptions you had.
I'd have already backed up to my home and waited to see his response to the above.
Axehead77 wrote:
What level of force is appropriate if bonehead started smashing my windows with his bat?
Check with your laws. I do know this... a guy beating his way into my car with a bat is using a weapon against my property. I would HAVE to assume that he is only using it against the car in order to get to me and my family.
Exactly why would I NOT have reason to believe that me and my family were in danger? I would respond in kind.
Axehead77 wrote:
Backing up to my house wouldn't really work, due to the width of the street. I'd be in the ditch.
Ahh.. OK. I'd still try to get back to my house before I was close enough to the guy.
Now... I have to reply to this....
Aguila Blanca wrote:
No level of force was appropriate. You had ample opportunity to get away. Your mistake was continuing home after you realized he was following you. You should have driven directly to the nearest police station.
In my rural setting, exactly which police station should I have gone to? The one 25 miles South of me, or the one 25 miles North of me?
People forget that it is unrealistic to go running to the police station every time something goes on that you don't understand or gets your awareness up. It wouldn't be long before everyone thought you were a nut-- including the police. You'd also spend most of your time driving to this police station or that one.
Same with calling 911. Around here, you will get on the "Crying Wolf" list rather quickly if you call 911 everytime the wind blows. Don't be surprised if the responses get longer and longer.
In the rural world, people are required to be more self-sufficient. You just can't go running to the police station or expect the sheriff's deputy to come running and drive 30 minutes to your home for a false call.
That is why I said I'd first call my father. He would know instantly if there was an issue and could:
1.) call 911 for me if I was in a situation
2.) come running with an 870 and be there in 3 minutes. Not great, but beats half-an-hour.
I agree with Aguila Blanca in that there was no justification for force at the point where this ended.
However, I strongly disagree with the notion of opportunity to get away or running to the police station. It isn't realistic in most rural environments I'd been in. If you are close enough to a police station where you can run there on a whim, you aren't in a rural environment.
I should also reiterate that the instant the guy hit the car with a bat, the situation dramatically changes from "no-response appropriate" to "this is a life-threatening situation."
I've seen a guy get put in ICU from one hit with a bat at a party when I was in highschool. My father had a friend get killed from one hit from a trailer hitch ball in a fight back in high school.
As soon as a person closes into distance where they can strike at you, and give you indication that this is their intent, you ARE in a life-threatening situation.
-- John