I Was in Fear of my life Does this excuse everything?

[wcd]

Ok I was reading a story, where a waitress was fired for using her gun in a robbery. The story says some men gave her a note that said they will start shooting unless she gives them the money in the register. Here is where it gets interesting they leave she goes to her car gets gun and fires a "HARMLESS WARNING SHOT INTO THE AIR" So if she was in fear for her life why did she run out to her car go get her gun? According to the story they were already in their car leaving.

Then she fires a warning shot to scare them? Glad everything turned out ok but what would she have done if they returned fire?
With them in their car leaving hasn't the threat ended?

 

[DanVoils]

I'd say the threat ended as soon as the bad guys left the building. Sounds like there's more to the story. A harsh exchange of words would be my first thought and that she knew them.
Dan

 

[Kirk Freeman]

I Was in Fear of my life Does this excuse everything?

No. Subjective fear alone is not valid sefl-defense.

So if she was in fear for her life why did she run out to her car go get her gun? According to the story they were already in their car leaving.

She was not. That's called a cover story. It is a rationalization after the fact of why someone did something stupid with a firearm.

"In the Army oncet . . ."

"That raffle gon never done did that before . . ."

"That gon wudn't low-dead . . ."

"I waz jest cleanin' eet . . ."

"My dead-dy taught me about them gunz . . ."

Whatever the bs excuse for their stupidity is, it is a lie and it is an excuse for their stupidity.

Glad everything turned out ok but what would she have done if they returned fire?
With them in their car leaving hasn't the threat ended?

Like she thought that though? You see this one as a thinker?

Dude, people think guns are magic. "I'll get my gun and . . ." Yeah? And then what Cledus Lee? You'll do what with the gun?

People think that waving guns around cast magic spells, or think that the sound of gunfire is magic (insert sound of slide -action shotgun, whatever).

 

[KellyinAvon]

Ok I was reading a story, where a waitress was fired for using her gun in a robbery. The story says some men gave her a note that said they will start shooting unless she gives them the money in the register. Here is where it gets interesting they leave she goes to her car gets gun and fires a "HARMLESS WARNING SHOT INTO THE AIR" So if she was in fear for her life why did she run out to her car go get her gun? According to the story they were already in their car leaving.

Then she fires a warning shot to scare them? Glad everything turned out ok but what would she have done if they returned fire?
With them in their car leaving hasn't the threat ended?

I don't know Georgia law on this subject, but it looks like a lot of fail here. The threat seemed to be over since the bad guys had gone to their car. A "harmless shot in the air" isn't harmless, don't do it, just don't. Had they gone outside, then started back towards the establishment then (I think anyway) it would reasonable to engage with deadly force since robbery/homicide is a real concern.

"I safely fired a round in the air in an attempt to scare the robbers who were in the process of getting in their vehicle, not knowing if they were retrieving their weapon to return to the Waffle House,” since armed robbers often leave their weapons in the car and use a note to get $200 from the till. Again, they come back, engage. If not, the threat is over.
Waffle House waitress loses job after firing gun during robbery | Fox News

 

[BehindBlueI's]

The fear has to be reasonable. Would a reasonable person, knowing what you know at the time, have a REASONABLE fear for their life? If the fear is deemed to be unreasonable, then you've got issues even if you were legitimately scared yourself. Note that there are many factors. I had a guy use deadly force to prevent being punched, which is generally a no-go if there's not disparity of force issues, but the prosecutor was fine with it ONLY because the guy had medical documentation that a blow to the head could put him into a fatal seizure. The guy had been in a car wreck, had some serious medical issues, so his risk was greater and it was more reasonable to use deadly force.

Warning shots are bad business. You'd be surprised how many people fire their gun AFTER the crime is over, though. Some mixture of the OODA loop finally catching up, the fact it's mentally easier to shoot someone who's back is turned, etc. I guess. It's understandable from a decision making under stress standpoint, but it's tough to defend legally. Most of the folks who aren't charged skate because of poor marksmanship. If they'd hit the person, they'd have eaten a charge.

Like anything in the law, there are exceptions, and the totality of the circumstances will be examined.

 

[Spear Dane]

No such thing as a harmless shot fired into the air because, gravity. To this day people are killed in the middle east during celebrations because the dimwits mag dump their AK's into the sky.

Edit: Just found this...from YESTERDAY. January 1, 2017: Armando Martinez, a Texas state Representative, was seriously wounded in the head by a stray bullet during a New Year's celebration.

 

[wcd]

No such thing as a harmless shot fired into the air because, gravity. To this day people are killed in the middle east during celebrations because the dimwits mag dump their AK's into the sky.

Edit: Just found this...from YESTERDAY. January 1, 2017: Armando Martinez, a Texas state Representative, was seriously wounded in the head by a stray bullet during a New Year's celebration.

yes my point exactly I would have made the comment purple

 

[TheBoss930]

Warning shots are bulls*** anyway

 

[indyjoe]

The only reason to fire shots into the air during a robbery is if one of the robbers is named "the air".

 

[Gluemanz28]

That's why I'm good tipper at restaurants.

Servers take getting a bad tip way too far sometimes.

 

[printcraft]

Let's look at the totality of the circumstances:
She wouldn't have done that had the FELONS not robbed her in the first place.

Juror printcraft delivers a Not Guilty.

 

[Kirk Freeman]

Let's look at the totality of the circumstances:
She wouldn't have done that had the FELONS not robber her in the first place.

Juror printcraft delivers a Not Guilty.

And there we have it. Just because less than optimal behavior transpired, does not mean: 1. it was a crime; 2. the prosecutor will pursue it (because of the mood of the community).

Remember, something can be both stupid and non-criminal.

 

[Cree]

The only reason to fire shots into the air during a robbery is if one of the robbers is named "the air".

Now that was funny!

Andy Cree

 

[TB1999]

If yelling "stop resisting" allows police to shoot you, I say why not, being scared should allow you to do anything you want.

Purple

 

[Frank_N_Stein]

If yelling "stop resisting" allows police to shoot you, I say why not, being scared should allow you to do anything you want.

Purple

Yelling "stop resisting" allows police to beat you, not shoot you. If you are going to try to be funny, at least get it right.

 

[Mark 1911]

Some people are in fear of their lives just crossing the street.

 

[KLB]

Yelling "stop resisting" allows police to beat you, not shoot you. If you are going to try to be funny, at least get it right.

Ah, the good old fashioned curb stomp!

 

[Excalibur]

What is it with idiots and "warning shots?"

Bullets...bounce

 

[HoughMade]

...Remember, something can be both stupid and non-criminal.

The truth in this little nugget is something I am eternally grateful for.

 

[Kirk Freeman]

The truth in this little nugget is something I am eternally grateful for.

I always get head shakes from the jury with that line.

Comes up a lot in Reckless Driving, Crim Reck with DW.