Here is one I have been mulling over.

[Nickotym]

The way I read the comment about getting out of there was not that Cosmoline meant to flee the scene, but to move out of your liberal state before there is a chance for anything like this to happen.

 

[AndrewM]

Perhaps, and you're likely right about what he meant. Regardless of where you live you're going to be put under the microscope if you have to drop the hammer on an unarmed person, you may never have charges filed against you or it may never get into a court room, but the various powers that be will take a much longer and harder look at the situation vs the same situation but the screaming guy has a 'deadly weapon' in his hand.

 

[Bartholomew Roberts]

The key issue here is that "threatening" isn't enough to legally justify shooting someone. You must have fear of death or serious bodily injury and if you want to survive the legal aftermath, you need to be able to convince a jury of that as well.

 

[geekWithA.45]

I had 2 children in the car.

The (sorta) duty to retreat doesn't exist at all when defending others.

You are not required to run away and abandon those you are defending!

 

[sumpnz]

First off NEVER, NEVER, NEVER, NEVER, NEVER, NEVER, NEVER fire a warning shot. Warning shots are indeed "deadly force" in nearly every jurisdiction I'm aware of. Warning shots are almost always considered evidence that the shooter wasn't really in legitamite, reasonable fear of death or great bodily harm. Some sort of verbal warning before, during or after clearing leather is fine, and may well prevent you having to fire. But for goodness sake, don't crank one off into the dirt as a warning.

Now, lets say essentially the same thing happened to you next week while you had your grandkids in the car. All else was the same. You get out of your car, then the nutjob drives up and blocks you in. While I don't believe you have a legal duty to retreat you have a few options. First is, take the blame and try to diffuse the situation. Appologise, and offer to buy him a cup of coffee or something.

If that doesn't work, or you don't have time to try it, if possible make a tactical retreat. That doesn't mean running from the situation. That means putting enough space between yourself and the road rager to give you more time to react and possibly provide cover and/or draw him away from the little ones. During all this, continue to attempt to get him to back down without resorting to violence on either side. If he continues to advance give a warning that you will protect yourself if he comes closer, and at this point preparing to draw may be in order.

Don't clear leather until it is absolutly necessary, but if it comes to that point, try to give him one last chance to back down either through some verbal warning as you bring your gun to low ready, or just by taking an aggressive stance and clearly point your gun at him with your finger on the trigger but hesitate just long enough for him to register the situation.

If all attempts to get him to back down fail, the fire 2 COM. Evaluate if he's still a threat, and if so fire 1 to the head. After that, if he's still a threat, fire to slide lock. Once he's no longer a threat, de-cock (if applicable) and reholster.

Call 911 and await the police. If you have a number handy, call a lawyer. Otherwise, call your wife, or someone else you trust, and have them get a lawyer for you. When the cops arrive keep your hands in plain site and follow all instruction, except those related to obtaining any statement beyond your identity and that you were in fear for your life and that of your grandkids and that you fired in defense of same.

Even if you don't need to shoot the guy, if you ever say "I have a gun", or show it to him holstered, but especially if you brandish it, you should call 911 as soon as it's over. The first person to call 911 is the "victim" and is usually accorded more credibility in the ensuing investigation. In fact, if you can call 911 at the start of the altercation, that is probably the best since they will get an audio recording of everything which may be critical to your defense should charges (criminal or civil) ever come about.

 

[JMusic]

Sumpnz well said. I don't undrstand the concept of using less force first, then progressing into stronger or more lethal force. The thought process is this will prove to the jury you did all you could. Well You NEED to do all you can to diffuse the situation. Never should you have beer muscles just because your armed. But by using less than lethal force your are in fact showing that you did not have fear for your life. Warning shots!!!! Well I expressed my opinion on that earlier. Fist fight? What happens if you lose your weapon. You have an obligation to yourself, your family, and to society as a whole not to let that weapon get into someone elses hands. I am not aware of a state that says the other person has to be armed before you can be in fear for your life. The bottom line is you HAVE to be able to look twelve people in the eye and say I exhausted all my options and I was in fear of my life or the life of another. If that's "bravado" then so be it.
Jim

 

[Joey2]

2 children in the car? I would of kept going to where I was going. Once where I was going and the kids were safe and he was still looking for a confrontation I would give it to him.