Several good points have been made since I last viewed this thread and I have been considering the commentary made within this thread in a post prior to this, namely:
If there is somebody behind the guy I am trying to shoot, chances are that person is in kahoots with my target.If they get hit too, oh well.
Back in August of 2000, I was faced with a situation where a suspect who was under the influence of illicit drugs became convinced as a result of his drug induced paranoia that he was being pursued by the very drug dealers that he had just purchased his drugs from and that they were intent on killing him.
During this fit of drug-induced paranoia he drove his pick-up truck at high speed around the lawns and courtyards of the Municipal Court Building, the City Police Station and the County Jail evading his imaginary pursuers and attempting to run over several citizens in the immediate area of these buildings as I was coming out of court that day.
At one point, his pick-up became trapped on a parking meter that he had struck and become snagged on and as he attempted to back up, squealing his tires in reverse, I was able to run to a position to the immediate rear of his pick-up that allowed me to take a shot at him through the rear window of his pick-up with my duty weapon.
As I prepared to make the shot and end his life in the name of putting an end to his life-threatening reckless driving, I became aware of passing traffic (both motorists and pedestrians) several yards down range of the suspect's position that prevented me from firing and shortly thereafter (mere seconds) I had to throw myself out of the way before the down range area was clear after his tires found enough traction to pull the truck off of the damaged parking meter.
Fortunately, he crashed into the steps at the front of the City Police Station completely disabling his truck and I was able to bring him into custody after running the 200 feet that he had gone prior to crashing into the steps. He hit two citizens injuring them both (they survived) and nearly struck me.
I received a commendation for my restraint and judgement during that criminal incident and use it as a reminder to myslef that circumstances can arise that prevent the use of a firearm in the defense of ourselves.
Even though I am a recently retired LEO, I remember quite clearly being trained in our Department's rules of engagement as they relate to the use of lethal force:
Condensed and simplified so that it does not run on for pages it is:
1. Officers are permitted to use lethal force only when and where the need for lethal force is absolutely necessary and only when after all other options have been exhausted or are impractical for the purpose of preventing the loss of life to those so endangered in a timely aspect pursuant to the application of such lethal force as decsribed within Departmental policy.
2. Officers are responsible for determining the suitability of conditions relating to the employment of such force and shall take into account, the potential effectiveness of such a use of force and the presence of factors that would preclude the use of such force including the presence of persons within the immediate area and the inability to assure a clear field of fire past the subject of such a use of lethal force.
I submit that the firearm and caliber used is a small part of the "overall variable equation" of any violent encounter that would require the employment of a firearm in the defense of one's own life and that sometimes conditions will arise that will prevent the use of a firearm during such an event due to the very real possibility of striking, injuring and possibly killing innocents down range of us.
More importantly, I worry that such an apathetic, negligent attitude as expressed in the commentary quoted above guiding the progression of such a violent encounter has the potential to result in the death or grievous injury of others, possibly several, not proximately involved in the violent encounter wherein the actor justifiably using a firearm in their own defense acts with such disregard for the safety of those others down range of the incident.
Finally, I submit, that even though we are not Police Officers, that adopting a template for your own response when confronted with an incident that compels the use of lethal force on your behalf based upon the above policy or one of similar qualities and attributes will possibly help us avoid prosecution criminally and civilly, protecting both our money, and more importantly, our freedom.
I apologize for the length of this post, however it is my hope that it's content and the example cited above will serve to encourage the consideration of the fact that a reckless, negilgent, apathetic attitude best expressed by the phrase, "Oh, well...." can only lead to a world of hurt, both civilly and criminally, if it is the mindset applied to such a set of circumstances that could result in the injury or death of innocents.
All the best,
GS