Decision-making While under Vehicular Assault

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Geno

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THE INTENT OF THIS POST IS TO SHARE OUR EXPERIENCE. PLEASE DO NOT ENGAGE IN ANY POLICE-BASHING. IF YOU DISAGREE WITH THE POST OR THE PROCESS, PLEASE DO SO WITH RESPECT. OUR 12-YEAR-OLD DAUGHTER (LilSureShot1994) IS A MEMBER HERE AND READS MY POSTS. PLEASE GIVE ALL DUE RESPECT.


Decision-making While under Vehicular Assault

On the evening of June 10, 2006, at about 9:30, my wife and I were driving in S.E. Michigan to get our daughter (LilSureShot1994) from the babysitter. Someone who was apparently angered by my entering the roadway 1/2 mile ahead of them, assaulted us with his Dodge Neon. Structurally, he made a bad choice by violently positing a 1900 pound Dodge Neon against a 3700 pound Jeep Wrangler. While we certainly felt the impact, structurally it compares rather like an ant against a rhino. While the impact did not even scrape the dirt off of my rear bumper or my rear-mounted spare tire, it messed up his car’s front end.

Subsequent to the assault, the driver continued making vulgar gestures and shouting vulgar words. I perceived a young, drunken aggressor capable of launching an all-out attack on my wife and on me. At the very instant of the intentional impact, I feared for our safety. Images of the situation escalating into physical violence, and a potential shoot-out, filled my mind. Intent on not permitting a situation to go out-of-control, I dialed 911 on my daughter’s cellular telephone. When I turned on my Jeep’s emergency flashers, the assaulter fled the assault scene. By this time (15 seconds into the sequence of events) 911 had just come on the line; I immediately alerted the dispatcher that we had been assaulted and that the driver was fleeing. As the assaulter fled, I DID manage to get the license plate and the dispatcher told me, "It's a good plate; I'm sending a deputy to his house immediately".

Fearing that the driver might return to cause us harm, I requested that the dispatcher remain on the line with me until the police arrived. I advised the dispatcher that I was carrying 2 of pistols per my MCPL.

The dispatcher calmly thanked me for the disclosure, and didn’t touch the topic again for several minutes. We communicated about several topics related to the incident, as she did her best to keep me calm and communicate all happenings to the officers. After a few minutes the dispatched asked if I had my MCPL (Michigan Concealed Pistol License) with me, to which I responded, “Of course.” She answered, “I know it sounds silly, but you’d be surprised how many people forget them at home.” After several minutes, she finally got around to asking what pistols I had with me, if they were loaded, and where I had them. I responded that I was carrying my Glock 17 and my Kel-Tec .380. She asked for the spelling clarification Re: the Kel-Tec.

A very important point in the sequence of events was identifying my MCPL instructor to them. Officer Xxxxxx, recently retired, held the post of commander of the county’s S.W.A.T. team for 27 years. Did that fact make a difference in the events? I believed so. The instructor was tough-as-brass tacks and completely professional. If he had to speak twice about or correcting improper behavior in the MCPL class, that person was gone. He was not afraid to tell people that they failed, or to make them take the class again. When one graduates with Officer Xxxxxx, the police know that you are professional about carrying. So, yes, I believe it did make a difference. In addition, our instructor had mentioned in class that such disclosures make a difference.

About 5 minutes before the police arrived, she asked that I “secure the pistols”. I needed clarification about “secure them” because in all of the tactical shooting courses, and in the advanced tactical shooting courses that I have taken, “Secure your pistols” meant return them to your holster, loaded and locked. That didn’t sound right to me because I had never removed them from their holsters, nor had I ever un-concealed them. I asked that she clarify with the officers more precisely what they wanted, holstered, in the trunk? The officer clarified, “Remove the magazines; remove the chambered rounds, and return the pistols to their holsters.”

I requested that the dispatcher advise me when the officers arrived, so that I (and my wife) could place our hands in clear sight—mine on the steering wheel, my wife’s on the dash. Visibility out of a Jeep Wrangler is not great, and our windows are darkened from the factory. If it is difficult for me to see them, and I am sure that at night, with street lights outside creating reflection, it must be even more difficult for the officers to see our hands. I simply put myself in their shoes. Think about this safety fact for a moment. It is not a matter of the police trusting a law-abiding citizen, it is a stress issue. It is an issue of a driver so alarmed that he called for “back-up”. Given the high stress, one cannot ignore the risk of misidentifying the responding officer as the assaulter-returned and firing on him/them in errant self-defense.

Two officers arrived at the scene, and a 3rd officer was still waiting at the assaulter’s house, speaking with his parents. One officer approached my side, and I maintained my hands on the wheel. My wife’s hands were on the dash. I VERY slowly opened the door as I continued to speak with the dispatcher via cellular phone. At that point, she passed me off to the officers and okayed me to hang up the phone and now communicate with them. I asked the officer if he wanted for me to exit or to remain in the vehicle. He had me exit, which I did at a snail’s pace. That is important because those who know me know that I am high-energy and tend to move rather quickly. Intentionally slow movement seemed the right thing to do under the circumstances. I also asked if he wanted for me to take possession of my firearms. He responded, “No.”

Throughout the ordeal, I stood in the open between the Jeep and the police cruiser, my hands always in clear view. Fortunately, the dispatcher recalled events, and some comments that I had made to her. She communicated these technicalities and comments to the officer, and it’s a good thing that she did. It made the difference between an assaulter getting a misdemeanor & ticket, or going to jail and face felony charges for vehicular assault.

The fact that the driver used his vehicle to intentionally hit our vehicle, then engaged in verbal and physical gestures displaying violence, lead me to an impression that we were under intentional vehicular attack. Does intent and victim impression matter? It makes the definition difference of vehicular assault—a felony!!! As the officer said, “That fact makes ALL the difference. In fact, it’s one of the justifications for an officer to discharge our weapon in self-defense. What many people do not realize is that cars are 4,000 pound weapons.” To that end, my wife and I wrote statements detailing the assault, and the fact that we believed that we were under attack. Note that the officer never encouraged or discouraged that we make written statements. He explained the law, the technicalities and asked for OUR decision.

In the end, the officer took our statements, handed us his business card with contact information, and advised of the process. The complaint will now be taken to the prosecutor, who will decide if charges can be filed or not. What will happen next? I am not sure. Hopefully, this young man and his friend(s) will receive some much-needed education about how to drive, how to talk. An important point requires affirmation. That is, the police were there for us. The end of this violent ordeal is not over, not by a long shot. In fact, potentially it is just beginning. There may well be trials, court appearances, and the requirement that my wife and I take off work to testify, or to give depositions. Whatever the case may be, we now must be there for the police the same as they were there for us. Whatever may come, I support the officer and all involved. I will do my part to uphold our laws, our societal mores. It’s the right thing to do.

The dispatcher was the key to a successful interaction with the police. She was cool and calm. That kept me cool and calm. The police officers were WONDERFUL! They were all professional and gentlemen. The lines of communication were absolutely impressive. We didn’t stand around and chit-chat. We talked about the facts, and only the facts as they related to the assault.

I’m glad that I have had the opportunity to read other High Road members’ statements regarding their similar experiences in violent events. That they have shared their experiences helped me to be able to be proactive, and to anticipate what would I do if this ever happened to me. I did just that. I anticipated as best I could. Thanks to the dispatcher and the officers involved, all went as well as an assault can go, and an assaulter will hopefully soon face charges.

Doc2005
 
I don't know the rules in MI but I don't understand why you mentioned the gun at all to the operator. In addition I've heard of many 911 operators telling people not to use their guns , even as the BG is breaking into their home !! In any case things worked out .Good thinking . You obviously know that you should NEVER have a gun in your hand when the cops arrive.
 
In most states, the INTENTIONAL driving of a motor vehicle to cause a collission with another motor vehicle is deemed to be an "assault with a deadly weapon". That INTENT can be sustained by factual evidence, eyewitness statements, and even a bit of "conjecture" established by actions which took place before the collission.

Articulation of FACT: You are a VERY articulate person while writing, so I imagine that you were AS articulate in your statement to the police.

Suggestion: If a similar incident ever takes place, you are NOT obliged to follow the "orders" of a police emergency dispatcher! If you feel that it is necessary to move to a safer location, then tell the dispatcher that you will be doing so. Add to that, you weren't required to I.D. yourself as a CCW/CHL/CPL permittee to the police dispatcher, but apparently you felt the "need" to do so, just in case. Since YOU were the victim, the responding officers wouldn't have had a clue about your status, and it probably wouldn't have bothered them at all if they found out after the fact. I'm sure that you would ARTICULATE your status to them at some time during their investigation.

What to expect? I can't help you with that, but I seriously doubt if there will be any retaliation. Just don't drop your guard, and follow-through with any prosecution of that idiot! Just don't get into the rut of thinking that your "CPL" is some sort of "magical" safety net!
 
Oldtimer: Exactly why I disclosed

Given Michigan's "duty -to-retreat", I wanted to be on taperecording with 911 that I had my pistols with me, and that if the perp returned, I would have to "flee the scene", which could then not be held legally against me. It was a matter of "CMA" legally.

Of course I had no "duty" to disclose. Good feedback. That is what I wanted here--to prompt discussion of what do we do (decide) and why?

Thank-you,

Gene (Doc2005)
 
Gene,
I am glad all ended as well as it did. I hope that the other driver gets his time in court, and is convicted. I am sorry this had to happen, but applaud you for your calmness, and your willingness to follow this through. You learned a valuable lesson from this, as I am sure the other driver will as well. Take care, and please let us know the outcome of this misfortune.

Tiny
 
why?

About 5 minutes before the police arrived, she asked that I “secure the pistols”.

You just got assaulted with a MV, no police on site, and you were genuinely concerned with a return of this nutjob. I am thinking that the list of possible responses to this would be:

1: No
2: Not just no, but **** no.
3: Are you crazy?
4: All of the above.

While I'm sure the overwhelming majority are going to question this, using the "time honored mantra" of officer safety and it's a tough job why make it tougher - that wouldn't be. Crab fishing is something like a factor of 20 times more dangerous than police work, so let's avoid the "how dangerous" the job of police work is.

IMO, the safety of the officer, and his / her partners takes a back seat to my safety and my family's safety. Sounds selfish, and... it is. Look back:

You were clearly under stress, a judgment impairing effect - although yours appears to be pretty darned sound throughout this event. Handling a gun in this situation should be the absolute last thing you do, especially to make someone else feel better. That gun is there for YOUR protection and your family's protection. If the Uniforms want to take charge of the gun when they get to the scene, they'll let you know. Yes, a gun-o-phobe will probably take it, but chances are if they've met up with you, you're under control, level headed, not a threat, and there's no imminent threat, it's safer in the holster for them and you.

I had a VA State Trooper roll up on me and the guy who hit me *while I was open carrying* as we were on the shoulder. NEVER even an issue to the trooper for 1 second. Couple of quick questions, some info exchange w/ Johnny Law, that was about it. Then, out of the blue he asks "are you law enforcement?" "no" ... "Ok, that's cool". And he was on his way...

My few pieces of eight.
 
Doc2005,

I am sorry you and your family went thru this and will continue to for some time.
I send my best to you and your family.

I really appreciate your well written sharing of this event - and if can -without further harm to you and yours please keep us posted.


Here in my state , by law, one is to inform LEO of CCW upon being stopped.

So I too, have kept hands in sight, informed officer(s) I was a CCW license holder and I was in fact Carrying Concealed if asked. Communication is the key- making stops and approaches are most dangerous to officers. Best to communicate as to how the officers want to handle it.
Even something as simple as a headlight had gone out and the officer just wanted to let me know as it was raining [by law we have to drive with headlights on in the rain during daylight hours].

This intentional assault - seems to happening more and more . We have "street dancers" - folks driving erratic on purpose. Some are just scaring folks, some are hoping folks pull over and then rob them.

Gives a higher alert meaning to "defensive driving".


Regards,

Steve
 
Sounds like you reacted well.

The only deviation from your action that I think may have been beneficial would be that when asked to secure my weapon by the dispacher I would have told the dispacher that I would do so the moment the officers arrived to help us or when she informed me that the attacker was in custody because you had no assurance that they would not return considering their irrational and violent behavior.
 
FYI Re: the Unload

While I removed the magazines and unchambered the rounds a couple of minutes before the police pulled in, I still had all 11 of my 17-round (high-capacity) magazines on me and readily available. It would have taken maybe 5 seconds to reload.

All great feedback all. It is greatly appreciated. What a learning experience. All comments are welcomed to assist me and others learn from, reflect and better anticipate what, how and in what timeframe we should or could do X. Thank-you.

I will keep all posted as to motive and outcome.

Gene
 
I thought it was only the native-born drivers here in NJ that drive like that moron. :evil:
It seems as if the situation ended about as well as it could have, considering the half dozen or so worse outcomes that immediately come to mind. You sound like one very cool customer in a crisis situation, along the lines of what any of us could wish to be in a similar situation. Good luck with any legalize that may arise out of this situation, although that should no doubt go 100% in your favor anyway.
 
The assailant was either drunk or drugged, or just plain nuts.

You were REAL lucky you were in the bigger vehicle.

Given the fact that your rig weighed double his, I would agree that drawing would have been premature. But...it could really be argued the other way too. A guy in an econobox going "fully Kamikaze" could do lethal damage to the occupants of your jeep.

In short, I think not drawing saved you some "cop hassles" but a draw could have been justified and I would not criticize you for having done so if you had.
 
The "What If" & "Good Thing"

The entire matter might have had a tendency to mutate more quickly into something ugly had our daughter been in the vehicle. It seems to me that protective parental mentality may tend to pressure us into action more quickly than when we are alone. All involved with us stated, it is "...fortunate that she was not in the vehicle". I could not have agreed more strongly. My concern is actually not so much me, as my wife. Protective maternal instinct.

The other matter that has occupied my mind since the event is the what if he had repeatedly hit us, rather than once combined with the vulgarity, etc. That too changes the matter. But even so, is the safest place not factually in one's vehicle? Add to that Michigan's requirement to retreat, I doubt that I could have justified drawing--or could I as posited in the later scenario? The inability to confidently respond to these questions gives me pause. Perhaps more optional training re: Michigan (and other states' respective laws) might be in order as a form of continued, optional study for CCW-holders who desire to train proactively.

Now, if back in May 2006, Michigan had enacted the Right to Defend law, by legislating the current common law of castle doctrine, the matter would have been clear. As it stands, criminals have more rights of defense than the victims. We victims MUST retreat whenever and wherever possible. Castle doctrine applies ONLY to the interior of one’s home--not auto, not lawn, not garden, not even the porch--the side of your home. That fact is not the fault of the police; they merely enforce the laws. The legislators need to fully and finally address this matter. As our tactical shooting instructors have all stated to us, the data show that most people who are passive or who retreat, are more likely to be killed, raped or in some other way, seriously injured than those to aggressively resist.

These are not mere afterthoughts for me. They are all matters, that given the ugly nature of society, I intend to invest a few hundred dollars to seek the official position of a criminal defense attorney. I would prefer to understand up front, than after-the -fact. Fortunate for me, my MCPL ("CCW") instructor is also an attorney who represents people in shooting and other defensive matters. Recall that he also was the S.W.A.T. commander for 27 years. I think a few hours discussion time with him will net some degree of peace of mind. Or not. Perhaps ignorance is bliss.

Doc2005 (Gene)
 
Considering the back of your Jeep doesn't contain anything very important and the front of his car contains a fair number of important things. I'd attempt to drive off away from him, why having your wife call 911 and report that you are being rammed by another vechile repeatedly.

If he continues to presue and ram you, make the impacts harder. Put it in reverse and lay into him. Try to disable his car. Obviously the harder the collision the more at risk you are for suffering injurys, but this has a greater chance of disabling his vechile than yours.

If at any time you become imbolized. I'd bail from the vechile immediatly and open fire at him.
 
My Problem is a Medical Implant

On Jan. 24, 1995, a driver rearended me as I sat waiting to turn. The accident set off a 5 car chain, totalling all 5 vehicles (I was the first/worst hit).

After 8 years disability, and 30 surgical procedures, I am finally back to work, but have an electroinc stimulator (paddle) inside my spine. It literally lays in the spinal sack and transmits electric stimulations to block pain from blowing out 5 disks in the neck.

To allow someone to repeatedly hit me could literally cost me my life if it snapped this fragile implant, it could sever the cord. An option might be to use 4X4 low and "disable" the perp's auto, but that would make me as bad as him.

It seems a no-win situation, doesn't it?

Doc2005
 
By the book

Fabulous job and very consise recount of events for us here on THR! As is mentioned above, I am a bit concerned that dispatch would have you render yourself defenseless by "securing" your firearms before LE arrived...but clearly it didn't matter in this case.

I get the feeling alcohol played a role in your assaulter's motivation to attack you and your family. Very sad...but a happy ending for you...and that's all that matters!
 
I still had all 11 of my 17-round (high-capacity) magazines on me and readily available. It would have taken maybe 5 seconds to reload.

You carry 12 mags for one gun and a BUG? How can you even walk with all that?

You were definitely attacked and responded well. I'd think about suing this guy in civil court on top of the charges.
 
Doc2005,

Again allow me express how sorry I am you and yours are going thru this.

The additional posts of yours I really appreciate you adding.

I hope you gun grabbers lurking are reading and re-reading this event

With the Nerve Stimulator - you are more vulnerable to the results of "bump and grind" [using vehicle as a defensive tool - being constantly bumped into - or having a wreck as a result of either] -more limited in "physically retreating", and , and Stress Triggers.

Stress Triggers meaning the human body is designed to protect itself, If something is "threatening" - one's body could very well "trigger" something harmful to itself.

Then add the - Flight or Fight [Autonomous System] -

If a person is already "physically limited" then the ablity to handle something a more well person could may result in stroke, MI, all sorts of things.

No it would not take much for that stent to get messed up and cause all sorts of bad stuff.

Now don't harm yourself by sharing with us - I understanding venting, educating us...still...

Doc2005,

Your responsiblity is to you first. I iknow you know this, still you gotta be good to be there for wife and family.

So if you need to pull back as this unfolds - I understand.

Sending my best-

steve
 
Spare Magazines

Actually, the 11, 17-round magazines were all for the Glock 17. In addition, I had the bug with 1, 6-round magazine in my pant pocket, and a spare 6-round magazine for it in the other pant pocket.

Yes, I do pack heavy. But, one becomes accustomed to the extra weight. Our instructor taught us to carry max. loads. Also, in our tactical shooting sessions, we go through 450 to 550 rounds of ammo in about 90 minutes. So, comparatively, the amount comes to seem rather minimal actually.

But, all the same, to the average reader, yes, it sounds like a massive amount of ammunition.

Doc2005
 
To allow someone to repeatedly hit me could literally cost me my life if it snapped this fragile implant, it could sever the cord. An option might be to use 4X4 low and "disable" the perp's auto, but that would make me as bad as him.


Not at all. After he hit you twice or you knew it wasn't on accident. He's lost his status as a human. You using your car is simply defending yourself. Rember he started it.

But, all the same, to the average reader, yes, it sounds like a massive amount of ammunition.

You can never have enough ammo when you goto a gun fight.

With your back condition the standards needed for you to suffer great bodily harm are _much_ lower. Considering being rammed is already assult with a deadly weapon, make sure you are ready to drop the hammer on someone in cirumstances like this.
 
Great read, Doc2005. Thanks for sharing your experience with us.

In my opinion, this thread is a perfect example of what discussions in S&T should look like.
 
Threshold for action

You have a point. When I was still an active TKD instructor, the standard was, "number of attackers and their collective ability to cause harm, and the number of collective ability of victims to defend selves."

Since my implant last year, I am now out of martial arts, and not permitted to engage in them--period. Oh, sure, I can still do TKD, but to what end result? To kill myself by breaking the lead (paddle)? No. That is why I started carrying pistols.

So, you have a point, that the standard for me is not the standard for others, it remains the standard for me to defend me, and my family. That fact never changed, did it? All that changed was the method of self-defense,pistol V. TKD. While I continue to have multiple Black belts in multiple martial arts, that is mooted as a consideration. I am officially physically handicapped by law, and even have the blue mirror tag to prove it.

Too, to assume that I must permit myself to endure the physical abuse that a "non-implant" victim could sustain is absurd, isn't it? It makes no matter that the person assaulting knows it or not. Regardless, they have no right to assault. So, back we come, full circle to Michigan's common law, "Castle Doctrine".

So, at what point, then, does a person who carries a concealed pistol have the right to make citizen's arrest? Thus motivation to stop the attack, and requiring one to exit the vehicle? To what extent does one have to "retreat"? To what extent does one have to permit subjection to risk of permanent bodily harm or death? Does an elderly man with a concealed weapon have a lower standard than a healthy, 21-year-old who is a 3rd degree Black belt in TKD, and who has a concelaed weapon? Yes. The age and physical ability w/o the weapon still weighs. If he looses the weapon, the elderly man is dead. The young healthy man still has his TKD, youth and health.

The answer, it seems, is not so simple. In fact, it is very cloudy and leaves one to the mercy of a prosecutor's whim. Or, does the problem persist that I am not sufficently informed as to the standard? We come back full circle to the need to ask an attorney what is the standard? One point is clear--that the state of Michigan considers his action to be a felony, means that the law, even if over-stepped to some degree on my part, would still be more on my side than on the side of the one who caused it. But, do two wrongs make a right? And is that the ratioanle behind the common law V. statute and the requirement to retreat where and when possible?

We need some lawyers and some police officers to weigh in here, don't we?

Doc2005
 
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