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post #5 of (permalink) Old 11-04-2007, 02:06 PM
timberghost's Avatar
Join Date: Oct 2007
Location: western new york
Posts: 3,942
I have a little college and experience in the criminal justice field and if I can remember right it's only legal in self defense when a weapon of equal or greater potential is displayed and that the aggressor is advancing in a life threatening manner. But if the aggressor is retreating and is no longer a risk you cannot shoot especially if his back is towards you in an attempt to get away. There was a criminal court case that was going on up here a while ago that was pretty disturbing, check this out. An armed robber went into a Wilson Farms 24hr store and had the cashier and a couple customers held at gun point when he was distracted and the cashier took the opportunity to take the gun away from the gunman. As the gunman fled the store the cashier shot at him several times. The robber survived but that's just the beginning. The cashier was charged with wreckless endangerment, unlawfully discharging a firearm, and the biggest charge was attempted murder because the robber was fleeing in an unthreatening manner. The customers and the community deemed the cashier a local hero and held rallies and stuff to get this kid off the hook. But I think that he did get lesser charges or something but it's a shame how these laws can backfire on the good people. Oh yeah, the gunman was only charged with "attempted armed robbery".

Last edited by timberghost; 11-04-2007 at 09:41 PM. Reason: addition
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