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Any Consequences for the shooter?

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  • Any Consequences for the shooter?

    So surely most have seen a video or read the news about a female who pulled a knife out of her purse and slashed at a kid that was with his mom than tried to do the same to his other sibling.My question is if either parent were to pull a gun and shoot the female right than and there were there gonna be any consequences for the parents actions?

  • #2
    Watched the video 4 times and in my retired opinion parents would have been justified in putting that B''''''6 feet under...
    Retired LASD

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    • #3
      The choice whether to prosecute or not would by up to the local Prosecutor/DA. Depending on the wording of your state's laws, it may be considered an affirmative defense if someone were to use deadly force to defend another person (meaning that it's a technical violation of the law, but there's a legal defense that supports the actions). Just as an officer involved in a justified shooting on duty may have the case go in front of a Grand Jury, so might a civilian who uses a firearm in self defense...it all depends on the wording of the law and your local Prosecutor's legal opinion on the circumstances.
      "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
      -Friedrich Nietzsche

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      • #4
        Consequences? Sure thing. Starting with 12 to 24 hours of detention and repeated interrogation. Then maybe a bail hearing, possibly requiring pledging the family home and retirement funds to get released pending further proceedings. Probably a grand jury proceeding with very limited access to legal counsel, maybe a criminal indictment and maybe not. In the meantime your name will be plastered all over the local news and papers, and your employer probably won't want you around to draw camera crews and reporters at any hour of the day.

        Next consequence is likely to be a civil suit, service of a summons and complaint alleging all sorts of violations of civil rights, probably more than one (every current or former girlfriend, baby-mama, mother, step-mother, grandma and you name the next one), all claiming unending financial and emotional losses caused by your negligent acts. You might even find a demonstration against you on your front lawn, maybe even a fire bomb or two at your house.

        Consequences? Your life as you knew it will be over. Your bank accounts, retirement funds, and equity in your home will be quickly siphoned away by lawyers. You will not be able to go to the corner store for a bottle of milk without cameras and microphones shoved into your face.

        Assuming you are not indicted or convicted of a crime, and not held liable for civil actions, you might be able to relocate several states away and try to put together a new life. Maybe. If you are really lucky.

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        • #5
          Originally posted by LicensedCitizen View Post
          So surely most have seen a video or read the news about a female who pulled a knife out of her purse and slashed at a kid that was with his mom than tried to do the same to his other sibling.My question is if either parent were to pull a gun and shoot the female right than and there were there gonna be any consequences for the parents actions?
          It would be up to the investigating officer and DA.

          Self defense or defense of others is an affirmative defense... you have to prove it in court. So it wouldn't be wrong to charge the shooter and make them prove defense of others. However, when it's obvious the prosecutor or investigating officer usually doesn't waste everyone's time and the county's money going thru the motions.

          Where I work were I the investigating officer I wouldn't make an arrest or seek a warrant, and after reviewing the case I doubt the DA would either.

          Starting with 12 to 24 hours of detention and repeated interrogation. Then maybe a bail hearing, possibly requiring pledging the family home and retirement funds to get released pending further proceedings.

          In other self-defense shootings, probably. In this case probably not unless the investigating officer is incredibly obtuse.

          Probably a grand jury proceeding with very limited access to legal counsel, maybe a criminal indictment and maybe not.
          Again, in some self defense cases probably. in THIS case probably not... only if you live in one of those places where DAs try to make a name for themselves for this sort of thing.

          In the meantime your name will be plastered all over the local news and papers, and your employer probably won't want you around to draw camera crews and reporters at any hour of the day.


          This is true.


          ...and retired is correct to a point. What seems obvious in the moment will get torn apart in the media and by lawyers for years. You might think you're OK and lose everything you have by the end. Using deadly force is NOT something to take lightly.
          Last edited by tanksoldier; 09-05-2019, 09:38 AM.
          "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

          "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

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