I was in an 'interview' last night.

Status
Not open for further replies.
Once again I'm thankful to live in the GUNSHINE state! The law in Florida is that you may not carry in an establishment whose primary revenue producer is alcohol sales. BUT you can carry into a TGI: Fridays or an Applebees as long as you don't sit at the bar! Works for me. Even better, while a business or property owner may post their property as being "gun free" but violating that POLICY in now way has to mean a trip to the pokey.

The idea is that when a property owner puts up a sign that says "NO CONCEALED WEAPONS" there is a little bit more to the legalities.

What it really means is: If you carry a concealed weapon onto the property AND IF you are detected, you may be asked to leave the property. If you return and are still carrying a concealed weapon and are AGAIN detected, you MAY be arrested for Trespass After Warning, a misdemeanor." Heck, I'll violate a stupid business policy all day long and feel no regrets.
 
one of my

methods of deploying OC is to yell "leave me alone" as I'm spraying, or "stop attacking me"
I have only had to use it in San Francisco, the homeless there are pretty aggressive and will grab you or try to fight.
I do not even waste my breath on them and ignore them, as soon as they make any kind of aggressive move or statement I spray them, while yelling the above phrases real loud as that what the witnesses will tell the cops they heard.

Oh btw ,bullfrogken....wow, did you ever live in NYC?
I've never seen "street smart" written down so eloquently.
 
I would NOT ask "are you going to attack me?" You are asking him if HE is in charge. Don't give him the option. Stand your ground, and let him know YOU are in charge.
Stare straight at him, speak louder than he does, be VERY firm.
I had a similar experience a few weeks ago. I put my hand in my pocket and had my pocket pistol READY to come out. He asked "are you going to shoot me?" I replied " YOUR actions will decide that." He backed off, and backed down. Animals prey on those who they think can't hurt them. Put the element of doubt in their mind.
 
Psychologically, the unknown is more threatening than the known as human nature will attribute the worst to the unknown (my feeble attempt a psychology). I believe that this is true as well for the criminal; if you can plant a seed of doubt you are on the right road except when you are unlucky enough to run into the psychopath - then you had better be one-mean-mother if you want to survive and forget about winning, against this type survival is a win.
 
I would NOT ask "are you going to attack me?" You are asking him if HE is in charge. Don't give him the option.

The statement that I use (some close variation of) and have taught others to use is along these lines; "I don't want any trouble but you are blocking my exit. Are you going to assault me or are you going to let me leave?"

This isn't the first thing you say, try simpler stuff first; "excuse me/ I'm sorry/don't have any..." and walk away. Obviously just leave if you can.

The statement where you basically call them out and force them to make a decision is used when they are really ramping up with insults, demands, whatever. It helps in a number of ways;

#1 it actually does put you in verbal control. You aren't asking if they are going to attack you like a scared rabbit. You are simply curious and confidently asking whether they are gonna attack or leave you alone. #2 it derails their game plan, they feel a need to respond. You aren't giving them an option to attack you. Every human being in your personal space always retains that option anyway. You can't give someone what they already have. Tactically, it lets you guide the incident to the critical moment when an attack is most likely on your terms when you are ready. If you just have an endless verbal exchange, you don't know if/when they may attack.

It is valuable because posers who just want to play the insult game only, will realize you are serious, stop and leave for someone who will play their game. Those who want to pick a fist-fight will either; a) disengage because you are calm and put it out there in legal terms making it clear to them and witnesses you don't want trouble, or...b) respond with "I'm gonna kick y..." WHACK!!-the sound of you striking them and getting out of there.

A criminal will at least stop the verbal distractions/games and either reconsider and leave, or verbally say they will attack you, or just physically attack you. At least you can get it over with. It cuts through all the verbal camouflage that so many people get so caught up in and distracted by.

Words are just sounds, that's it. What you need to know is whether this person is; a) a blithering idiot, no threat. b) a "wants to fight" idiot, minor threat or c) a criminal (or drugged/deranged) idiot, major threat.

I have never had anyone go to blows after saying this, the other party walks away kinda confused (in 3 cases). I only know of it being used on "want to fight" idiots, haven't had feedback on criminals. It isn't useful in a criminal situation where they make it clear from the outset obviously ("I said I wanted yo money, are you dense?":D ) It would be useful however to sort out a possible criminal "interview".

Whenever I have contact with suspicious persons I always run two separate tracks in my head. These tracks are independent and not influenced by each other. "Track A" is verbal. These are the things I am saying and listening to his responses. "Track B" is physical. This is me looking for pre-assault cues, looking for weapons, expecting an attack at any instant.

It takes some practice, but if you do this you won't be surprised or "sucker-punched" by someone you are talking to. This is because the part of me expecting an attack and ready to go never listens to anything verbal. If he says he is leaving and turns to go, I still expect a sudden attack until he is too far away to be a threat. The verbal conversation has nothing to do with my alert posture. I stay on alert until they (or I) am too far away to be in danger. So, if we are in a field and they have a .308...I'll be ready to hit the deck and low crawl at any instant until I'm 400+ yards away even if we shook hands when we parted. Not a realistic example, but that is the idea.

The last thing it does is set you up for the criminal justice system. If you act tough/don't back down it may be seen as "mutual combat" (in a less than clear-cut situation). By clearly stating you don't want trouble but can't leave (if you could, why didn't you?), then ask if they are going to assault you (or not). You, they, and any and all witnesses know who is the aggressor and who is the potential victim and why.

Let's look at the three elements necessary to take action to protect yourself (they are worded differently in different jurisdictions, but fundamentally the same). 1. Means -need the ability to harm you. 2. Proximity -have to be close enough to harm you via whatever "means" they have, and 3. Intent -have to somehow communicate they intend to harm you.

#3 is by far the hardest to figure out, the first 2 will probably be obvious. Every human has the means to assault someone and if you are talking to them, they probably have proximity. What this statement does is forces them to fill in the intent (either verbally or non-verbally) in situations where the intent hasn't been made clear enough by them for you to act yet. Once that intent box is checked...STRIKE!!! You don't have to wait, if they say any variation of they are going to harm you, protect yourself immediately at the level of the threat (deadly force if they have the means to inflict serious bodily harm).

Again, not needed if someone just sticks a gun in your face. #1-3 get filled in immediately then, just act. The more vague the situation, the better it works. If you are pretty positive it is criminal, just make firm statements along the lines "1 old 0311" talks about above.

Nothing in this post is legal advice of course, just a verbal tool that has worked for me and others in vague and "tough guy wants to pick a fight" situations.
 
Actually the statement was made here, that you can not draw and fire for a guy not staying away from you. That is not necessarily true.

In most states, had you made several efforts to leave him behind and he continued to follow and in fact advanced on you, you may be within that frame work of fearing for your life or against great bodily harm.

Did this punk deserve to get shot? no. HOWEVER< if he is within ten feet, yelling at me, and I have my wife or daughter with me, I will draw, I will force him to his knees, and I will have him arrested for assault after his comments led me to believe he was a threat to their or my well being.


I am tired of going out on nights out and getting harassed, I am tired of going out with my daughter to a movie or a concert and listening to urban ute's talking about what they want to do to my daughter, and how much they think she is going to like it.

My State's law says that I have to be in fear of great bodily harm of myself, a loved one, or another, or acting to prevent a felony, in order to be justified in using force to stop the crime.
 
No offense ShooterMcGavin, but you don't get out much do you?

Excellent advice and tips Strambo, BullfrogKen and LightningJoe.

My friends and I have had several of these types of encounters where someone talks smack and attempts to interview us while we're in downtown Portland. Only once did we actually have to physcially pounce on someone. Once the chest beater's bluff was called and we had this guy on the ground and in his face, he changed his tune rather quickly. If he had a weapon, we simply did not give him time to produce it. Oh the benefit of youthful stupidity and luck.

Also, I rarely get interviewed like this due the fact that I'm 6'2", 220lbs. People have a tendency to just leave me alone and I have an awareness level that I can pick these types out about half a block ahead of time. I don't intentionally or knowingly walk around with any sort of "I'm a tough guy" body language, but I've seen these interviewer types cross the street to avoid me because of the type of eye contact I've provided at that half block distance. I suppose that's the benefit of being clean cut and big. I used to be asked if I was a cop constantly. I suppose this is a big part of it for these would be interviewers.

The advice mentioned by Ken and Strambo are mannerisms and tactics that threads like this make me realize I've been doing subconsciously for about two decades now. I wasn't always 220lbs, I used to be 155lb stick that looked like a pretty soft target so it's kinda second nature now. Of all the valuable input I read in this thread, I think the calm, cool, collected approach without showing fear is the key. When you raise your voice and engage back with loud mouth, he thinks is okay to perpetuate. When you look him in the eye and calmly communicate to him that your prepared to stand your ground or plow right on through to your destination, it breaks their vibe and they go looking for a softer target.

This incident reminds me of the mob at Pioneer square during the Y2K countdown. That was a lot of fun. Police were cruising by hanging their nightsticks out of the door tapping them on the ground. Good times, kept the mob pretty honest, but that's another thread entirely.

PeteF - your comments have me thanking my lucky stars my wife and I are having a boy...honestly. You got a tough road with a beautiful daughter man.
 
I think the calm, cool, collected approach without showing fear is the key.
Yes, and one can't fake it. It comes from confidence which comes from good training and/or experience (or being 6'2"-220 ;) ).
 
Heya Shooter:

All in all, you done pretty well. I do have a suggestion though...

A good flashlight in the left hand can work wonders. You can use it as a kubotan or impact device, or you can hit a BG square in the face with 120+ lumens (more socially accepted than contact use). A bright light like that is going to cause him to look away and while he's looking away or shielding his eyes, you can either knock him on his can or... well, knock him on his can then flee the area while calling police. Specifically, I'd look towards some of the Fenix Cree lights (I carry the P3D and have one of their new T1s on order) or a souped up Sure-Fire (60 lumens is for the birds - get a P61 HOLA or a LED drop-in from Dealextreme.com ($12 delivered!).)

I'm no fan of OC. Unless you're carrying the "foam" and even then it's marginal at best. Carrying any of the sprays or 'foggers' is just looking for trouble for yourself with blowback. Unless you track the wind direction at all times, invariably, the BG will be upwind of you (Murphy's Law).

Good work "failing" the interview with the thug.

Sounds like he needed to interview someone else for the position of victim.

John

ETA:
Strambo says: Yes, and one can't fake it. It comes from confidence which comes from good training and/or experience (or being 6'2"-220 ).

I go with the training option. I'm 6' and 98 # soaking wet... 105 with my fanny pack. (wink wink)
 
McGavin, your response worked well, don't throw the baby out with the bathwater in the post-incident study.

I really need to work on my verbal so I don't end up here:
The last thing it does is set you up for the criminal justice system. If you act tough/don't back down it may be seen as "mutual combat" (in a less than clear-cut situation). By clearly stating you don't want trouble but can't leave (if you could, why didn't you?), then ask if they are going to assault you (or not). You, they, and any and all witnesses know who is the aggressor and who is the potential victim and why.

Living in Norfolk and Newport News(Bad Newz to the grille wearing set) for 13 years I've been interviewed a bunch. The most popular ploy of late is asking for money to get gas. With the small scale panhandling like this I am usually quickly dismissive or humorous while not breaking stride in what I am doing. Doesn't mean I watch them any less though. Humor is effected by my '91 F-150, making it easy to quip I have less money than they. I've had some more serious verbal bluff interviews and I tend to get non-verbal. I just end up with the look on my face and try to orient my body to my advantage. I don't mean mug or banter like the interviewer, I just have my look. I'm not a tough guy, but the look makes kids cry, has stopped a few charging dogs, and is banned from spousal arguements although we've gotten to the point where she doesn't make me that angry anymore. I need to work on the separate verbal track because I'm sure it would look like mutual combat as Strambo noted because I'm ready to fight.

The one encounter that I did get very verbal was an quick reaction type gig, I was getting out of my car at a diner when a guy veered 90deg off the sidewalk and beelined to me from about 25 feet away. I managed to get my right hand up in a halt signal, the left was moving in the jacket and I said "that's close enough. " I would normally not assume such an aggressive posture that quickly but I hadn't even fully stood up. It worked, he stopped 6 ft out with his hands up and asked his panhandler question. I told him no and to move along. It must have looked as agressive to outsiders as it looked to me because the diner staff noticed his approach and my reaction.

I need to work on the verbal. I like your point Ken that it is a personal response. I'm young and fit looking at 6'1" 205. What I can pull off may vary widely among those of greater and lesser abilities. Likewise I will draw a lot less sympathy that a little old lady that shoots a mugger.

On lights, I have reversed several interviews/ conducted some myself on persons on my property with a very bright light. It really interrupts their aggressive posture. It's just a light though so a back-up plan is preferred.

On OC. Been sprayed, it's not debilitating but does hurt. Again, a back-up plan is needed for those not deterred. Last week I was deterring with OC, seems the in-laws dog was coming over and eating my wife's favorite shrubbery. I laid some out of date foam on the plant to make the next meal memorable. I was upwind in the 20mph breeze but caught some blowback in my eye. One of the hazards of deploying OC.

On knives, I always have one but in this grey area interview situation it is difficult to use. You can't flash it, maybe your new friend has plenty of experience on the wrong end of a knife and just learned something important, namely that you don't have a gun. He wants to get up and bump chests and you stick him it won't play well on the evening news. He comes up to do that and instead sticks you then you'll be on the evening news. I believe that a knife needs to be used decisively, hard to do if the Opportunity, Intent, and Capability are not met. Again, I need to work on my verbal.
 
If I put a knife in my hand I assume I'll end up killing them. If that assumption is unacceptable...I don't put a knife in my hand. I really don't think I'll ever use my fancy-schmancy Emerson (for anything other than box opening). Most violent criminal attacks happen suddenly...no time to go to gun or knife. Most interview/low grade situations have a ramp up period, but usually don't require a lethal response.

I think of my gun the same way, sure I may use it but odds are good we'll be too close for it to be the best tool. If his buddies show up, great I can engage them at a distance.

I just read a good quote on the subject of guns in close quarters in this month's SWAT.

"Shooting from retention is not something that you should default to at the start of a conflict when in the grappling range. Rather, it is something that you resort to when a situation deteriorates: namely, you've managed to get to your gun, but in spite of your footwork you get overrun by the bad guy(s)."
-Micheal Tan "Three Circle Response Theory" SWAT Dec '07

In other words: Plan "A" at close quarters is H2H, no time for gun or knife..."At this range it's a fistfight" -Louis Awerbuck (from same article)

It's nice to see this stuff get more main stream...a long way from teaching a "speed rock" draw while getting choked or stabbed to death!
 
1 old 0311 said: I would NOT ask "are you going to attack me?" You are asking him if HE is in charge. Don't give him the option. Stand your ground, and let him know YOU are in charge.


This is precisely why I avoid offering any advice on line.


I don't offer a question as a question. I offer it as a statement. Voice inflection can turn a question into a statement, or a statement a question.


If you don't understand that advice, or when it's appropriate and when it's not, don't use it.
 
If you carry a concealed weapon onto the property AND IF you are detected, you may be asked to leave the property. If you return and are still carrying a concealed weapon and are AGAIN detected, you MAY be arrested for Trespass After Warning, a misdemeanor."

There's been no test case on someone arrested because of a no-firearms sign, but a business is probably not going to have a problem with you anyway unless you put up a fuss if they ask you to leave.

As far as trespassing after they've told you to leave, I've always been told that if you trespass with a firearm it's a felony, not a misdemeanor. I like my guns too much to take a chance on that.

FS 810.08:
(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 
I think the calm, cool, collected approach without showing fear is the key.

Yes, and one can't fake it. It comes from confidence which comes from good training and/or experience (or being 6'2"-220 ).

Yes, it helps, point well taken. But I've met plenty of people smaller than me that could clean my clock. My wife's cousin was quite a bruiser in our college days and all his friends were the rough and rugged types. Not confrontational chest beater types, just the type of guy that would mop the floor with you if you stepped too far across the line.

You can compartmentalize your fear to deal with after the incident. I guess I learned a lot of this type of thought process when I was snowboarding and went from an intermediate to an advanced level. Steeper hills are really not much harder to navigate than gentle slopes, but your head definitely has you responding in a different fashion due to the vertigo by involuntarily dumping some adrenaline for you. It's a self preservation instinctive response. Like looking over the edge of a cliff, it just gives most of us the willies.

When you learn to jump off cornices, eventually after several wipeouts, you start to realize it's your fear that's causing your wipeouts and negatively affecting your concentration. I know this is a pretty poor analogy, but this type of "training," in part, is what has provided me this confidence to stay calm, cool, and collected. I have a personal mantra that I remind myself of in stressful situations. Panic is failure, don't panic, bad things happen when you panic.
 
Reading this thread there seems to be lots of good advice and strategy. While I’m no expert, there is one issue I take with some of the comments that I would like further qualified.

That is:

Some of the posters allude to the practice of the suspect getting close to the OP. One poster mentions “Keep your hands up near your chest, where they can be quickly deployed to block a punch to your face or chest/abdomen.” I’m not criticizing here, as I can see where situations where the BG was already close before someone (OP) was aware of the threat. My problem is that if someone is acting suspicious or aggressively toward me at 30 feet, why would I ever allow him to get within striking distance without being prepared to put down the threat. Bringing up his hands in that situation means that he either has to leave the weapons in his pockets (they are pretty much worthless there) or he has to brandish them at someone who is 30 feet away (puts him at a disadvantage if the BG has a gun, not to mention criminal liability of brandishing). Getting the hands up sounds like a good idea if the person is closing in on you, but if he’s doing it in a threatening manner after being confronted, then he is definitely a threat, and should be treated as such. At that point those hands should be up, but they should not be empty, because it’s probably go time. Is that comment really supposed to imply that the OP should face an assailant unarmed? Or, are you suggesting that the OP should either brandish the weapons toward someone who hasn’t apparently fully committed, or engage in a fist fight? Or, is it something else?


Another one mentions. “A shoulder push or some kinds of non-violent, hands-on control to move an aggressor insistent on blocking your path can be quite effective in this last attempt to leave” Again, I can see that as good advice if the situation warrants it (close space), but if I’m on an open street, and the BG starts out at 30 feet distance, I can’t see him getting that close unless I have made a serious error. If he’s a possible threat when being confronted at 30 feet, then he should be considered a serious threat when within my circle. Are you suggesting that I shouldn’t treat an assailant as a threat when that assailant is literally right on top of me? Or, is it something else?

Personally, I think the OP did a good job considering. He was prepared to use the tools at his disposal, yet wasn’t brandishing them, and at the same time trying to deescalate the situation.

+ 1 on getting a good flashlight. Get an LED with at least 65 lumens (I sometimes carry a 220 lumen bulb, or even greater). If you can afford better, then get it. Surefire makes an L1 LED with 65 lumens (also the 6P LED). There is also Fenix, and a host of others. You can even get a Rayovac 3 watt at Walmart for less than $30 (you can get the upgraded version on line under a different brand). The flashlight could have been used at the start of the interview without being considered lethal force by lighting up the BG, and causing him to avoid staring into the beam (which you would keep aimed at his eyes). He probably wouldn’t have liked it, but if it didn’t discourage him, then that would be another clue to his intentions. Not only does this put you at an advantage with the beam in his eye, it also puts an impact weapon in your hand, and puts your hand up to protect. You could have also handed the OC to a friend since you only have two hands, and the flashlight and knife would be occupying yours.

I realize that I may be off in my views, and that is why I worded my post as a series of questions seeking qualification.

That said, here are two of my experiences:
First experience:
Going into the local corner store (problem area) one of the young wannabe thugs outside starting saying something to me with a “smirk” on his face. Two friends were backing him up. I simply looked him straight in the eye (while monitoring the others) and sternly said, “You’ve got the wrong person” (yes, my hands were up as I was feinting as if I was prematurely reaching for the door). When he again tried to engage I merely repeated myself, and walked inside. The whole time I kept walking to the door (wasn’t very far since they were on the stoop). Also during this encounter, while I remained calm on the exterior, I spoke in a firm and clear voice, while maintaining a mindset of total aggression on the inside. It didn’t take long for me to mentally prepare myself to do as much physical harm to any of them should they pursue an attack. I was ready to do anything in my power, and use anything in my grasp to fend off any sort of attack that may have ensued. Fortunately that didn’t happen, and they were gone when I left the store ten minutes later.

Second experience:
This one was also at the corner store (don’t go there anymore). I was walking from the store to my truck parked on the opposite curb when I noticed a man coming down the hill. I quickly surveyed the surrounding area for anyone else and noticed nobody else. I made it to my truck and put my package inside when the man started to approach me “Sir, sir, could I speak to you a moment”. Before he did this I made sure that my right side was away from him so I could nonchalantly put my right hand on my Timberline Wortac clipped in my pocket (my right hand was out of his line of sight). I took another quick glance around and at about 30 feet I looked back at him, studying his everything. “Sir, sir, whoa, whoa (stopping abruptly when he saw me look him in the eye), I don’t want any trouble I just wanted to ask if you had any change.” Again, I was already mentally prepared to do whatever I could to defend myself. When he stopped, he was about 20 feet from me, and when I told him no, he continued on down the street toward the storefront (my truck was parked to the side of the store).

BFK is right about one thing. You have to decide what is going to work for you for whatever situation you may find yourself in. Situational awareness is always key. Being mentally prepared with what you will do if the BG doesn’t back off is also important. Strambo is right about being prepared with training, which can give you mind set, attitude, and mental preparedness. I'm nothing special when it comes to mortal combat, but I do try to be mentally prepared to act decisively if necessary.

One more thing:

strambo said:
Words are just sounds, that's it. What you need to know is whether this person is; a) a blithering idiot, no threat. b) a "wants to fight" criminal, minor threat or c) a criminal (or drugged/deranged) idiot, major threat.
There, fixed it for you. Even if he is just out "looking for kicks", if he attacks me, that is assault, and it makes him a criminal. Don't like it? Then leave me alone.

pete f said:
My State's law says that I have to be in fear of great bodily harm of myself, a loved one, or another, or acting to prevent a felony, in order to be justified in using force to stop the crime.
That sums thing up nicely. I often see people talking of “defending themselves at the level of the threat”. Sorry, but that’s just silly. Even the police meet threats with greater force, that’s how one survives an encounter. If you do not bring to bear, a level of force greater than your opponents, then how exactly do you expect to overcome your opponent when your opponent is the aggressor? You must use overwhelming force in order to defeat your opponent. Like I said before, I will do everything within my power, and use anything within my grasp to defend my life. Someone else I know summed it up nicely for me, he stated, “I don’t fight. I will kill, maim, and destroy in order to defend my life, and the lives of those I love, but I do not fight.” It takes a pretty meek person to live by such a mindset. One has to set aside the ego, and pride, and sometimes accept that someone may think poorly of you. I sometimes wonder if that is why people believe in the aspect of not meeting unwarranted aggression with overwhelming force. I wonder if maybe it's their pride or ego that gets them into such situations or, if it's their pride or ego that allows them to envision themselves in such situations.
 
I have dealt with many a street person but never one as persistent as described .

I would have just stopped and told him in a firm voice "I don't know you and don't want to know you or talk to you , go find someone that does want to talk to you and leave me and my friends alone"

After that I would have kept a close eye on him and taken whatever actions were needed .
 
Originally Posted by strambo
Words are just sounds, that's it. What you need to know is whether this person is; a) a blithering idiot, no threat. b) a "wants to fight" criminal, minor threat or c) a criminal (or drugged/deranged) idiot, major threat.
There, fixed it for you. Even if he is just out "looking for kicks", if he attacks me, that is assault, and it makes him a criminal. Don't like it? Then leave me alone.

I agree, that's why I like to use the term "assault" with these idiots. It lets them know I don't want to fight, I will protect myself. An assault at that level is still just a misdemeanor though.

I often see people talking of “defending themselves at the level of the threat”. Sorry, but that’s just silly. Even the police meet threats with greater force, that’s how one survives an encounter.
Yes, this is how you need to operate "tactically" in a situation. In Afghanistan a 500lb JDAM got dropped on a group of morons (otherwise known as "Taliban") who decided to fire a rocket at our FOB and missed. Their theoretically lethal force of a rocket was met with our laser guided bomb. Both lethal force, huge disparity.

Legally, there has to be a separation between "deadly force" and other force. Don't believe me, please look it up for yourself. There are certain things that are considered "deadly force" and there are specific criteria that must be met before it would be considered "justifiable homicide" in the eyes of the law.

If someone is just trying to pick a fight with you and you punch his throat and stab him in the liver...good luck with the aftermath. Plenty of people in prison for manslaughter in cases just like that...even less so, look up "hockey dad."

That doesn't mean you have to exactly match their force though. You always go all out with all you've got. The difference is: if the criteria for deadly force hasn't been met, don't use what would commonly be considered a deadly weapon and don't target any strikes to areas of the body that are usually lethal.

Police do indeed use different types of force, hence the batons they are only supposed to use on "green zones" (large muscle groups). Police are much more hampered in this regard than non-sworn citizens.

If the only situations you ever encounter are ones where any reasonable person would be in fear for their life or serious bodily harm...sure do the "I don't fight I kill" thing. Personally, I've only encountered that in combat, back here in the US nobody has put me in fear for my life. I've had to deal with all kinds of lesser threats though (with lesser force than deadly).

Mentally, we are on the same page. Legally, there needs to be a place for less than lethal force. Doesn't mean you match him blow for blow. He may shove me and I may rupture his testicles, break a knee and a rib. Still less-lethal and in that hypothetical he wouldn't be getting up to be of further threat. Each was non-lethal force, huge disparity in my favor. If I did everything I could have to avoid it, I should be OK legally. I don't take putting hands on someone lightly though, they can die by mistake (again look at the hockey dad case), so I do everything I can to avoid any use of force situation.
 
strambo said:
Legally, there has to be a separation between "deadly force" and other force. Don't believe me, please look it up for yourself. There are certain things that are considered "deadly force" and there are specific criteria that must be met before it would be considered "justifiable homicide" in the eyes of the law.
Correct me if I am wrong but, don’t you have to articulate a reasonable fear for your life? Meaning that any reasonable person would have the same fear in the same situation.

strambo said:
If someone is just trying to pick a fight with you and you punch his throat and stab him in the liver...good luck with the aftermath. Plenty of people in prison for manslaughter in cases just like that...even less so, look up "hockey dad."
This has nothing to do with anything I said (makes me wonder if you are clearly comprehending my statement, or even projecting). I clearly stated, “I don’t fight”. Therefore, it is irrelevant if someone is “trying to pick a fight with me”, because he will be unsuccessful, due to the fact that “I don’t fight”. Suggesting that I would treat someone trying to pick a fight with me by, "punching his throat and stabbing his liver" is simply a straw argument.

strambo said:
If the only situations you ever encounter are ones where any reasonable person would be in fear for their life or serious bodily harm...sure do the "I don't fight I kill" thing. Personally, I've only encountered that in combat, back here in the US nobody has put me in fear for my life. I've had to deal with all kinds of lesser threats though (with lesser force than deadly).
Yep, it definitely sounds like Your are projecting.

First, I never said, implied, or suggested that, “I don’t fight I kill”. I clearly stated, “I don’t fight”. Suggesting that I said, “I don’t fight I kill” is not only taking my words out of context, it is also implying that I said something which I clearly did not say. I did say that it is acceptable to “kill, maim, or destroy in order to protect one’s life, and that of those they love” (I was actually quoting someone else. TBH, I won’t ever know I’ll have what it takes to do such unless such theory are put into action). I would even go so far as to say that you are "sort of" in agreement with me (I actually think you are in agreement with me, but you just have a hard time comprehending the difference between the two statements) on that since you said, “If the only situations you ever encounter are ones where any reasonable person would be in fear for their life or serious bodily harm...sure do the "I don't fight I kill" thing.” (Your words, not mine. And, I certainly wouldn't say or think that since it actually sounds like someone is looking for a fight to justify killing. It does sound like you can't comprehend the difference, but I'll allow that I could be wrong on that score).

While I’ve never been put in fear for my life here, the only times I’ve been in a fight (since getting out of the Navy during my early 20’s) was when I was a bouncer in a bar, and it was my job to provide security, and that was years ago. Even then, the times that physical conflict actually occurred where very few, as most times the situation was easily de-escalated as it wasn’t a very rough bar (although there was this one guy who went to the bar with the intent of getting in fights. Liked doing it I suppose. When I threw him out he tried it with me, but then just laughed at my response, and then cooperated when he realized that I wasn’t the one he wanted to play that game with). Outside of those experiences, I can’t remember (at least since my 30’s) that I’ve ever had to deal with a physical encounter in which I had to defend myself. I always found other ways. Like I implied earlier, “ it takes a certain meek and humble mindset to set aside one’s ego and pride in some situations in order to prevent an violent encounter. I don’t’ know what you do for a living, or where you live that would cause you to deal with such lesser threats. I guess I’m just lucky. Sure, I’ve had guys try to pick fights with me, but I’ve handled them in such a way that if they had persisted in attacking me, I would have been fully justified. Most people who are just looking to pick a fight for the sport of it (or whatever), instead of actually using it as a means to an actual criminal activity beyond a simple assault are not interested in fighting someone who is willing to treat it like a criminal assault. While I haven’t dealt with many physical attacks, I have dealt with somewhat more than a few people (looking to "bump chests") who backed off after they realized that I wasn’t going to “play their game”.

In the case of the hockey dad: I remember thinking at the time that he was railroaded, but looking back I can see that maybe I just didn’t know the whole story. I hope that’s the case, because if I had the facts right, then he was railroaded, which would make that argument irrelevant to the discussion at hand. All I know is that he was attacked from behind, and killed the man while defending himself with his bare hands. IIRC, he was “sucker punched”. Such a punch can be deadly, so I guess he’s lucky to be alive. Prison probably isn’t fun for him, but I hope the fact that he is alive is somewhat consoling. It’s just MHO, but there seems to be some judges out there who are more interested in giving a criminal leniency, than they are of protecting the law abiding citizens. Seems like they’ll turn a child molester loose, and there persecute someone for defending their life against a thug who attacks them. Like I said, “I’m not sure of the particulars of that case any more”, but at the time it did make a case for the old saying that “I’d rather be tried by 12, than carried by six.
 
Last edited:
poor_richard...I think we are just mis-communicating. Problem of the internet. I was just responding to your comment (not in an argumentative way) about different levels of force being silly. I totally understand what you are saying about not getting into fights or playing that game. I don't either and avoid almost all trouble with no physical force. The only time I had to use any force was as a security officer. In personal dealings, verbal de-escalation and leaving works fine...so far.

The problem is a lot of people put a knife in their hand (like the OP) in uncertain circumstances that aren't clearly a criminal assault. That kinda ties you to lethal force...if he does a simple assault (misdemeanor) and you end up stabbing him it will go badly in court. A reasonable person would not be in fear for their life from a homeless guy doing a bare-handed simple assault...at least not the typical adult male. Of course it would depend on the totality of the circumstances...

Hockey dad used lethal force by mistake in a situation that clearly did not merit it. The hockey coach wasn't a criminal other than committing misdemeanor assault by jumping on his back. In Oregon, that would just be called "menacing" (very low grade misdemeanor) as it wouldn't even leave a mark. Hockey dad needed the knowledge to know what to do to protect himself from this low grade assault without resorting to lethal force.

I'm just saying one needs something between verbal de-escalation and lethal force. If the guy who wants to pick a fight throws a punch (misdemeanor assault -criminal act, I get it) what then? The verbal statement didn't work, you can't walk away, he's punching or shoving. It is dangerous to just take it, and the law says you can protect yourself. Unless you can articulate being in fear for your life...lethal force is out. So, that leaves something less than lethal force.

Or...a weirdo who doesn't get the hint and keeps walking towards you no matter how assertive you are...how close do you let him get? What do you do? He hasn't made his intentions clear, doesn't have a visible weapon. Sounds like a good case for a less than lethal, yet decisive physical response.
 
strambo said:
poor_richard...I think we are just mis-communicating. Problem of the internet. I was just responding to your comment (not in an argumentative way) about different levels of force being silly. I totally understand what you are saying about not getting into fights or playing that game. I don't either and avoid almost all trouble with no physical force. The only time I had to use any force was as a security officer. In personal dealings, verbal de-escalation and leaving works fine...so far.
I wholeheartedly agree. Sounds like we are on the same page here, so to speak. I'm not trying to be argumentative either. Honorable men can disagree honorably. :)

strambo said:
The problem is a lot of people put a knife in their hand (like the OP) in uncertain circumstances that aren't clearly a criminal assault. That kinda ties you to lethal force...if he does a simple assault (misdemeanor) and you end up stabbing him it will go badly in court. A reasonable person would not be in fear for their life from a homeless guy doing a bare-handed simple assault...at least not the typical adult male. Of course it would depend on the totality of the circumstances...
Putting a knife in their hand doesn’t tie one to lethal force at that point (remember, it was still in his pocket). It only opens up the option for lethal force. There is a thread about a similar circumstance going in this forum right now. As was pointed out on that thread, anything can happen in a street fight, therefore it isn’t unreasonable to treat such an attack as lethal or seriously harmful since it can quickly turn that way, and once someone attacks, that “not fighting” option has been expired. Just because a person is seemingly unarmed doesn’t mean they aren’t a threat of serious bodily harm or even death. Fists and feet can be used as lethal weapons, and that isn’t a stretch (just ask the hockey dad). Never mind the concept that they could have a lethal weapon you don’t see. While I agree that it is easier to prove lethal intent of the BG when he is armed, that doesn’t mean that lethal force isn’t called for when he is unarmed. Personally, I think it foolish to not arm oneself when a potential BG continues to advance from a distance after being warned that he should stay away, and has no business with you. This would be especially true if one or both of your hands were out of the BG’s line of sight. I think it would be reasonable at that point to consider that the BG is either extremely foolish, or extremely dangerous. That is a reasonable fear of serious harm or death. Put it on the other foot: would you approach someone (a perfect stranger) who was 30+ feet away after being told that they want nothing to do with you (numerous times), knowing that one or more of their hands was not in sight? Personally, when I try to contact a stranger that isn’t in my immediate vicinity, I try to do so from a distance, and absolutely do not advance unless they tell me it is okay, and I also feel comfortable doing so. If I can't see their hands in such a situation, then I’ll reconsider if I truly need to make that contact.

strambo said:
I'm just saying one needs something between verbal de-escalation and lethal force. If the guy who wants to pick a fight throws a punch (misdemeanor assault -criminal act, I get it) what then? The verbal statement didn't work, you can't walk away, he's punching or shoving. It is dangerous to just take it, and the law says you can protect yourself. Unless you can articulate being in fear for your life...lethal force is out. So, that leaves something less than lethal force.
First, both of us pretty much agreed that the only time that we’ve even been close to a situation like that was when we were working some form of security. It was a part of our job. Both of us have pretty much said that we are smart enough to stay away from such situations. Now, if one does find oneself in such a situation where there is no avenue of escape, and he has made such attempts (at escape), then he better bring to bear everything he has, and create distance. Again, too many things can go bad in that situation where you are being attacked, and can’t get away. It isn’t a simple fight at that point; it is assault with intent to do harm. Or, would you rather wait until your attacker has you down and is putting the boots to you before you decide to escalate the force continuum? If you are skilled enough to do so then good for you however, not everyone has those sorts of skills, and they are better suited to stop such an event before it has a chance to transpire. Fact is that there are just too many variables that can come into play once the action starts to believe one could make such a decision, or even be able to act on it.

Second, that, "something between verbal de-escalation and lethal force" is before the physical violence starts. If that "something between verbal de-escalation and lethal force" doesn't work before the violence starts, then it may well be too late to deploy any weapon with which to eradicate yourself from the situation. Think of what Boston T. Party said (and I paraphrase), "a pistole is what you should have when you are caught in a gun fight, a rifle is what you take with you to a gunfight". If you know that you are going to be getting in the mix, then you'd better be prepared to prevail. And to quote someone else (Clint Eastwood when Gene Hackman told him, "You just shot an unarmed man!") Clint replied, "He should have armed himself...".

Thirdly, your above example may be a good scenario when in a crowded bar, but doesn’t come close to applying to the OP. There was “something between verbal de-escalation and lethal force.

The verbal de-esclation was when the OP indicated that they didn’t want contact with the BG. It occurred when the OP told the BG, “I answered "I don't know" and turned to walk with my friends.”

The “in between” part was when,
“My friend continued talking to me, in order to give the guy the impression that we were not interested in his conversation.”,​
And
“I was in the middle of my friends and the guy approached us, closest to my male friend. When he was about 15 feet away and still talking, he finally yelled "hey, I'm talking to you - don't ignore me". I responded "we are not talking to you - leave".​
And finally
“I put my knife in my right hand, still folded with my thumb on the 'stud', and he asked "are you a cop?". I told him "you need to back away from us now!". He went on to say "I'm walking to my bus stop" and I said "then go". We walked for a couple steps, kinda sideways to watch him, as he followed (beside us, not behind), and then he went ahead of us.”​

Keep in mind that the parts I left out were where the BG was becoming agitated, and trying to intimidate the OP and his friends.

After (and throughout) all of that, the OP still didn’t resort to lethal force, even though the BG continued to stalk them. He was merely prepared to use it. Had the BG continued to close the distance (after all of what had transpired) he most certainly should have been treated as if he was a serious threat. Would you approach two strange males and a female in such a manner? I wouldn’t, and doing so would be unreasonable. In that scenario, lethal force may or may not have been legal depending on the jurisdiction, but it definitely would have been moral.


Now, there is one thing that should be pointed out that I don’t think either one of us has covered. That is: when something like this happens, you had better hope there are witnesses. Remember that guy (retired educator) that shot the homeless dog walker (his name might have been Fischer)? Even though the police ruled it a good shoot, and overzealous PA bent on making a political statement railroaded him. The police looked at the forensic evidence and disagreed with the PA. I remember hearing something about the dog walker having a screwdriver in his hand, but never confirmed it. The dog walker threaded the shooter saying that, he was “going to kill” him, while charging the shooter who had already fired shots to scare away the charging dogs. That isn’t just intent, it’s stated intent. None of that mattered. Bottom line is hope you have witnesses who can back up your story, and that you don’t have an anti-self defense PA.

All that said, I’m enjoying this conversation and the civil manner in which we have conducted it. I’d certainly like to continue it as long as there is more to discuss (it seems to be evolving). Problem is, the holiday is almost upon us. Might I suggest that, if we don’t notice any/many replies over the holiday and weekend, we still check on Monday just in case either of us has anything to add. I always find it helpful to hear a different perspective as, I know that I don’t know everything.:D

If I don’t talk to you before then, have a Happy Thanksgiving.:D
 
It was dark where we were walking and he was under a street light. When I moved my wallet, he was still more than 30 feet away from us. It is very unlikely that he knew what the object was and he probably didn't even recognize the small movement I made.

Wrong, wrong, WRONG.

I know of many crews of professional pickpockets and muggers who will deliberately hang out in areas of transition and specifically watch for the sort of movements that involve a man either patting or touching his wallet to assure himself it is there, or else removing a wallet from a pocket.

IN the old days the spotter would loiter areas where people had to pay for things, near stores, railroad stations, etc. and see where people put their money, then the spotter would walk past and leave a smear of chalk on the side of the victim's outer garment to indicate to the take-down or dip where the money was.

This is why the victim is called "the mark" to this day- a "mark" of chalk on their clothing.

Honestly rear pocket carry is the least defensible position for a man's wallet.


All that aside, the one thing I preach over and over is that to handle ones-self in an encounter like that you need to seize and maintain situational dominance.

Keep your party headed in the direction of a well lighted, populated area. Be aware of doorways, stoops, stairwells, dumpsters, parked cars, etc. which might conceal accomplices. Make the front man aware that you are keeping an eye on him, and don't allow him to make you divert your path to "safety" or worse, to stop to engage him via taunts or indignant demands for apologies.
You must be aware that if the front man is hanging out in that area looking for victims he is aware of what is nearby, and probably knows where you are heading (a car park, for example, or a building door) and knows the best time to interdict you. Change your plans, go back in the venue you came out of and choose a different exit.
You need to be forceful yet polite. Aware but not hyper. Prepared but not hyped up. Take a deep breath. Keep your eyes moving, keep the group moving, get out of dodge. Be aware of locations of COVER or CONCEALMENT.

Polite society dictates people keep at least an arm's length from each other. Observe men at urinals. They go as far away as possible. It's ingrained. The front man is going to be scouting you to see how much intrusion into a "normal" comfort zone you will allow without objection. The closer he or his buddies can get, the easier the take down. So they talk. The taunt. THey feign righteous indignation. THey do whatever they can to keep YOU talking so they make themselves out to be a "victim" of your (IMAGINED) aggression, so that you overdo yourself being meek or apologetic and allow closer or longer contact than normal.

If things get hairy, remember that only a PROFESSIONAL, DETERMINED response will be effective. If you present a weapon do so in a calm, professional manner and wait to see what they do. If you whip out a knife with some hollywood tough-guy movie line, you won't be taken seriously. A firm, calm, professional demeanor will do more to impress than something that the Governator said in his last movie.
However:
Once weapons are out, that is the point of last negotiations. I liken it to a game of poker.
They ante with an attempt to get you to roll over. You call their bet by refusing to be a victim. They raise your bet by continued aggressive behavior.
At some point, weapons-out, and it's all in- the life is on the line. Do they want to call that move? Most of them, when faced by a determined, professional opponent, will fold their cards and look for a new victim. You can't make money mugging if you are in the hospital with gunshot wounds and a pair of handcuffs on your leg.
However if you come across as weak, undetermined, indecisive, panicky, or unable to act, you will be instantly attacked.

At that point, you have to revert to your training and save your life.
 
Have used a flash light to stop people and dogs from approaching. When they are blinded they can't attack. It puts them on notice and it is legal to blind them. It allow you see them better and they won't notice what is in your other hand. YMMV Patrick
 
Status
Not open for further replies.
Back
Top