Byron Quick
Moderator In Memoriam
1-I wouldn't leave keys in car or car unlocked.
2-More importantly, I would not leave a very young child in the car unattended.
2-More importantly, I would not leave a very young child in the car unattended.
Ohio - criminal drives off with car at gas station, nephew is inside.. do you shoot?
- Thread starter braindead0
- Start date
- Status
St Johns, would the law accept it as justified? Depends on what kind of day the prosecutor is having, and what the judge had for lunch. 
According to the statutes here in my state, it doesn't just need to be my life in danger. If I have a reasonable belief that one of my family members is in danger of grevious bodily harm I can use deadly force. If a man was threatening my wife with a knife and had the means and ability to harm her, but I was out of the danger range, I could still shoot the guy with the knife because I was in fear for her life.
As for the car speeding off into traffic with a dead driver, like I said, it depends on if I have a good shot. The relative speed of the car and where it is heading are part of what makes it a good shot or not. If it was cruising along at forty miles an hour and heading up the freeway onramp, then no I wouldn't shoot. Pulling away from me in the parking lot with a kidnapped child in the back seat is a different story however.
I would rather my nephew take the risk of a low speed car wreck in a parking lot (he is buckled up I assume?) rather than let somebody who might be John Wayne Gacy reincarnate drive off with him. A reasonable person would not automatically assume that the bad guy is going to pull over and let the kid out.
As for shooting a fleeing felon in the back, and getting prosecuted for it, you are shooting a felon in the act of committing a violent dangerous crime (kidnapping), not a fleeing felon. Now if the bad guy jumped out of the car and started to run away, and then I shot him in the back I could potentially expect to be prosecuted for shooting somebody when no one's life was in danger.
According to the statutes here in my state, it doesn't just need to be my life in danger. If I have a reasonable belief that one of my family members is in danger of grevious bodily harm I can use deadly force. If a man was threatening my wife with a knife and had the means and ability to harm her, but I was out of the danger range, I could still shoot the guy with the knife because I was in fear for her life. As for the car speeding off into traffic with a dead driver, like I said, it depends on if I have a good shot. The relative speed of the car and where it is heading are part of what makes it a good shot or not. If it was cruising along at forty miles an hour and heading up the freeway onramp, then no I wouldn't shoot. Pulling away from me in the parking lot with a kidnapped child in the back seat is a different story however.
I would rather my nephew take the risk of a low speed car wreck in a parking lot (he is buckled up I assume?) rather than let somebody who might be John Wayne Gacy reincarnate drive off with him. A reasonable person would not automatically assume that the bad guy is going to pull over and let the kid out.
As for shooting a fleeing felon in the back, and getting prosecuted for it, you are shooting a felon in the act of committing a violent dangerous crime (kidnapping), not a fleeing felon. Now if the bad guy jumped out of the car and started to run away, and then I shot him in the back I could potentially expect to be prosecuted for shooting somebody when no one's life was in danger.
Gus Dddysgrl
Member
1 never let the situation occur(keys in engine, doors unlocked, kid in car, etc)
2 Seeing as my motherinstint kicked in if I had a good shot(close to the car, child not in line of fire, etc) I'd probably take it. I'd try first to yell stop or whatever and try to scare BG into stopping before firing.
2 Seeing as my motherinstint kicked in if I had a good shot(close to the car, child not in line of fire, etc) I'd probably take it. I'd try first to yell stop or whatever and try to scare BG into stopping before firing.
windshield effects
realitvly new the use of pistols, but have some information how a 5.56 mm round will do aginst plate glass, I was curious if anyone has some definate information about how various rounds ,say 9mm opposed to 40mm/ softpoint or flull jacket, will do against angelled carwindows/windshields. sounds like it might me a interesting experment.
Naturally it was a advodible situation if you just think about what your doing
realitvly new the use of pistols, but have some information how a 5.56 mm round will do aginst plate glass, I was curious if anyone has some definate information about how various rounds ,say 9mm opposed to 40mm/ softpoint or flull jacket, will do against angelled carwindows/windshields. sounds like it might me a interesting experment.
Naturally it was a advodible situation if you just think about what your doing
JPM70535
Member
I don't believe I would take the shot with 5 year old in the car. There are too many things that could go wrong,such as the BG taking a dirt nap and hitting another vehicle. In that instance not only is the possibility of harm to your Nephew likely but there is now a 3rd innocent party involved for whom you would bear sole responsibility for any injury caused,
Although at close range the chances of a hit on the BG are favorable, there is always the possibility of a ricochet, causing the bullet to become an unguided missle, striking your Nephew or a bystander. Unless you are using AP ammo out of a high powered rifle penetration of auto glass is not a sure thing.
The only time I would risk the shot would be if the BG was driving straight at me and I had no means of escape.
Although at close range the chances of a hit on the BG are favorable, there is always the possibility of a ricochet, causing the bullet to become an unguided missle, striking your Nephew or a bystander. Unless you are using AP ammo out of a high powered rifle penetration of auto glass is not a sure thing.
The only time I would risk the shot would be if the BG was driving straight at me and I had no means of escape.
TheBluesMan
Senior Member
I agree with JPM. This is a *no shoot* situation. Rule #4 says it all.
Baba Louie
Member
- Joined
- Dec 26, 2002
- Messages
- 3,831
Glad to learn it ended as well as it did.
There's always the possibility to consider of excitement from gunshots mixed with gasoline fumes at a gas station as well. (It may be that I've seen too many TV/movie shows with pyrotechnics tho').
You say he "backed up" leaving the radiator grill exposed for a bit? Hmmmm. Big target there. Possible ricochet up into passenger area... possibly blocked by engine block.
And about leaving your keys in the ignition or in the car while you're not there... someone needs to get a clue. Think he learned something that day?
Again, glad of the results.
There's always the possibility to consider of excitement from gunshots mixed with gasoline fumes at a gas station as well. (It may be that I've seen too many TV/movie shows with pyrotechnics tho').
You say he "backed up" leaving the radiator grill exposed for a bit? Hmmmm. Big target there. Possible ricochet up into passenger area... possibly blocked by engine block.
And about leaving your keys in the ignition or in the car while you're not there... someone needs to get a clue. Think he learned something that day?
Again, glad of the results.
- Status
Similar threads
- Locked