How do I handle this situation? Lawyers, help please?

[BehindBlueI's]

20 minutes deliberation, meaning everyone went into the jury room in agreement. Deadly force was not reasonable vs a chest bump, even with 5" and 50 lb difference in physical size. Note there was no threat of a punch, no special knowledge of training, etc. Change the facts and maybe change the outcome.

 

[MCgrease08]

20 minutes deliberation, meaning everyone went into the jury room in agreement. Deadly force was not reasonable vs a chest bump, even with 5" and 50 lb difference in physical size.

Wow. Just based on this limited information, I'd have to agree with the jury. Shooting someone over a chest bump?

 

[Amishman44]

First, there is no non-deadly use of a firearm in the legal world. Every use of a firearm is deadly force, even if it misses.

With that out of the way, you can only go on what you reasonably believe. He *could* have a history of violence is irrelevant. If you have a reasonable belief that he has been violent in the past, then that is relevant. If you have a reasonable belief he's a trained fighter and know he does competitions (maybe from his facebook, you've seen the trophies, your friend how's known him for a long time says he is and provides details), that can factor in to disparity of force issues. If you're just guessing he does or are going by fifth hand information, that's not a basis for a reasonable belief.

Look up Indiana Use of Force Laws...and review them carefully. It's not what you know about the other person, it's his/her actions (what is being presented to you at that particular moment) that matters! Knowing what your options are, and being prepared to take action if necessary, is key to a) avoiding a 'deadly' confrontation, and b) being able to handle the situation to the best of your abilities.

Never stay and have a confrontation if possible...if they follow you, you may not have a choice, but being the one who's trying to avoid it can/will go a long way if called into question later on!

Be smart...use that grey matter thingy located between the ears first, if possible!

 

[PeaShooter]

Rule #1: Never put your d**k in crazy.

 

[Fargo]

There was a dude in Florida who was getting beat up by a teenager and used his weapon. Turned out OK for him. And by "OK" I mean he's a pseudo-celebrity hated by most folks of one race, millions of dollars in legal fees, and a couple of arrests since.

That dude didn't hang out with the **** magnet, he volunteered to embrace it, cuddle with it, and make sweet sweet love to situations that were bound to eventually end poorly...

 

[IndyDave1776]

After thinking about this for a few, I have considered another possibility. Perhaps there is an element of more or less unintentional drama in form of the girl gloating a bit and telling the ex to take a hike since she has found a better alternative with the intention of, well, changing the nature of the relationship with the OP, only he hasn't got the memo yet.

 

[BehindBlueI's]

It's not what you know about the other person, it's his/her actions (what is being presented to you at that particular moment) that matters!

It's both. Prior knowledge matters, and can be evidence in proving reasonableness. If I know someone has assaulted the police before, I can use that knowledge in determining my reasonable level of force. If I know someone is a trained fighter, I can use that knowledge in determining my reasonable level of force. These can be articulated in court and are based on solid case law.

In short, I can't shoot Floyd Mayweather on sight just because I know he's a powerful and well trained fighter. However if Floyd Mayweather threatens me with his fists, I don't have to ignore what I know about him in my decision in how to react and can more easily justify a decision to use more force earlier than I could vs some random 5'8" 150 lb guy I know nothing about, and this is recognized by the courts.

 

[24Carat]

Friendship or not, does she have big boobs ?

 

[spec4]

Friendship or not, does she have big boobs ?

This certainly gets to the root of the issue.

 

[churchmouse]

Friendship or not, does she have big boobs ?

That puts everything in a new light.....

 

[IndyDave1776]

That puts everything in a new light.....

Or a new heaviness, as the case may be (I suspect that 'light' wouldn't necessarily be so, well, compelling).

 

[BehindBlueI's]

That dude didn't hang out with the **** magnet, he volunteered to embrace it, cuddle with it, and make sweet sweet love to situations that were bound to eventually end poorly...

...that's quite the visual.

 

[Bill of Rights]

Friendship or not, does she have big boobs ?

 

[IndyDave1776]

Bill, are you trying to encourage, well, undignified thoughts?

 

[maxmayhem]

it shows bad judgement to have a firearm while drinking at a bar and even worse judgement when you know this situation is looming.
Avoid the bar and avoid the drunk menacing bruce lee wannabe--problem solved...

 

[MCgrease08]

it shows bad judgement to have a firearm while drinking at a bar...

Why? Does one's right to self defense vanish once they decide to have a few drinks?

I would agree that sitting at a bar and getting loaded while carrying probably isn't a great idea, but it is possible to go to a bar and drink responsibly.

 

[IndyDave1776]

Why? Does one's right to self defense vanish once they decide to have a few drinks?

I would agree that sitting at a bar and getting loaded while carrying probably isn't a great idea, but it is possible to go to a bar and drink responsibly.

I would also add the issue of whether a person has the responsibility to run and hide. I can understand the wisdom of not actively looking for trouble, but should a person be expected to stay home behind locked doors because some joker wants to bring trouble to him? I would advise caution on the part of the OP, but on the other hand I fail to see why he should refrain from going out in public because of someone else's hostility.

Granted, I would advise the OP to evaluate his situation and make sure he is in fact seeing it as it is, but the supposed reason we have a criminal justice system is to further the reasonable expectation of living our lives without having to cower in fear of those who would use privately-applied force as a tool of coercion for any of a number of motives.

 

[chef larry]

If I wouldn't do something unarmed, I wouldn't do something armed.

Options, as I see it are this:

1. New friend
2. New bar
3. Both

I pick number 3.

 

[BehindBlueI's]

I would also add the issue of whether a person has the responsibility to run and hide. I can understand the wisdom of not actively looking for trouble, but should a person be expected to stay home behind locked doors because some joker wants to bring trouble to him? I would advise caution on the part of the OP, but on the other hand I fail to see why he should refrain from going out in public because of someone else's hostility.

Granted, I would advise the OP to evaluate his situation and make sure he is in fact seeing it as it is, but the supposed reason we have a criminal justice system is to further the reasonable expectation of living our lives without having to cower in fear of those who would use privately-applied force as a tool of coercion for any of a number of motives.

Going out in public is one thing. Actively courting trouble is another. If you get shot while buying weed in the hood, people pretty instinctively come to the conclusion that you buying weed put you in the position to be shot. Interfering in someone else's domestic is similar. It is increasing your personal risk. Now, if that is worth it or not is up to the individual.

 

[BehindBlueI's]

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