Posted: 26 July 2010 at 3:32am | IP Logged | 5
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It's just so bizarre. First, they follow her into the house and threaten her with a screwdriver to give them her money. So far any police officer would say "give them what they want and let them leave" and firing a gun at them without warning would be excessive. But then they threaten to rape her. Which justifies deadly force in self defense. Then, rather than empty the purse (in their possession) themselves (so they can be sure to get everything of value) they let her have it back, she gets her gun, fires it without warning and hits one of them in the torso. So far, so good. The smart thing for them to do is stop right there and either surrender or leave. If they do, she has no cause to use the gun again. But they attack her and try to beat the gun from her (which justifes her shooting again). But the gun itself does not deter them. Then the boyfriend comes in and starts wrestling with the thieves. Now, if that was the fight and they hadn't tried to beat her for the gun, she wouldn't be in a position to shoot. Yet, she shoots. Then the last remaining thief gets her boyfriend in a headlock (threatening his life) so she picks him off with the gun. Every step of the way these guys either provide her access to the gun or give her justification for using or continuing to use the gun. It's amazing. A professional lawyer couldn't have constructed a more watertight case for self defense in a case where none of the thieves had guns. Well, they would've had a gun if they'd looked in the purse, but they didn't. Yet, in the hypothetical cases being argued this would be presented as these two guys coming in to rob the place, then being simply shot immediately. Or chased off with the gun.
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