November 21st, 2010 09:30 PM
I'm really surprised at how many people are saying they would have just ran away. As I read the story he was putting himself between the attackers and his wife to defend her. Another thing that came to mind was that he could have just pulled the gun out and let them see. They may have changed their minds about attacking in the first place. Now, I'll beat you to it......Yes, he may have been charged with brandishing. I agree. But would you rather be on trial for brandishing or have all of the charges he had WITH a civil suit on top of that. I'll take brandishing. I was under the impression that in Arizona the law stated that quote: No duty to retreat before using force to prevent certain serious offenses, including aggravated assault. Again, this applies anywhere, any place a person has a legal right to be, in the language of the law...end quote
Aggravated assault:A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. In all jurisdictions statutes punish such aggravated assaults as assault with intent to murder (or rob or kill or rape) and assault with a dangerous (or deadly) weapon more severely than "simple" assaults.
Ruger GP100 .357 mag
Ruger p-90 .45acp
Taurus PT-140 acp
Rossi .357 mag
Hi-point .45 acp
November 21st, 2010 09:59 PM
thats a good read centermass.....good analysis!!!!!
Originally Posted by centermass
November 21st, 2010 10:26 PM
Originally Posted by SIGguy229
Amen that was my thoughts center of mass one story... the right one.... there would be no way I'd be running to get a first aid kit after I just shot you because you attacked me. And My magazine would have been a little more empty than his...
November 22nd, 2010 10:18 AM
The prosecutor's choice of jurists who he thought would be helpful in gaining a conviction tells the whole story.
It's powerful evidence for the assertion that trials are often not about justice, but about winning or losing.
Very happy with the outcome.
The United States Constitution © 1791. All Rights Reserved.
November 22nd, 2010 11:19 AM
Good luck with that because that kind of logic could get you killed, quick.
Originally Posted by ssmtbracer
November 22nd, 2010 11:31 AM
one thing I learned is that when I woman wants to enter into a mans world (fisticuffs) they should be delt with like a man.
I'd have beat the brakes off the two broads and called the cops. If my kids and wife were around their protection would trump chivalry....which is all this guy was trying to maintain.
Last edited by renegade01; November 22nd, 2010 at 02:07 PM.
November 22nd, 2010 12:07 PM
Check out this link: http://massadayoobgroup.com/?page_id=121 which shows some of the 2011 schedule.
Originally Posted by gilraen
I took the opportunity to attend the MAS 40 class in Sierra Vista, AZ earlier this year. Well worth the time, expense, and travel involved. Plus I got to meet the infamous Biker at the same time.
And to address one of your comments ... Mas does personally teach his class.
To all you current and former military ... thank you for your service! Let no one forget that the sacrifices you have made allow us the freedoms we enjoy.
November 22nd, 2010 12:38 PM
There is a newer self-defense justification in Arizona as of 9/30/2009 that permits the "defensive display" of a firearm "when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force" ARS 13-421.
Originally Posted by centermass
"Defensive Display" means (1) verbally informing an aggressor that one is armed; (2) exposing or displaying a firearm in a manner that a reasonable person would understand is meant to protect against the aggressor's use or attempted use of unlawful physical force or deadly physical force; or (3) placing one's hand on a firearm that is contained in a pocket, purse or other means of containment or transport. One may not use the defensive display justification if he/she provoked the fight or altercation or if he/she is committing a serious offense or violent crime as defined by other statutes.
The Defensive Display justification is a much more restrictive version of the statutory right of a police officer to threaten deadly physical force in response to any potential threat of physical force. ARS 13-410(D).
Very thought-provoking article and a reminder of how horribly wrong many things can quickly become.
November 24th, 2010 03:12 PM
The Armed Citizens Legal Defense Network, llc is in dire need of a graphic designer. I refused to read the article based on how much of a headache I got just from looking at the first page and trying to read 1 paragraph. I am not going to go super critical on them, but I am sure its a great read judging by the replies - but if they want to be taken seriously, they need to learn some design sense and not come off looking like their article and banners were made by a 6th grader in a word processing class.
November 26th, 2010 07:48 PM
Life in America.
Originally Posted by limatunes
Good read, many thanks to OP bruce21b.
December 7th, 2010 09:20 PM
I feel this is a sad story of how far society has come (or not - depending on your point of view), in being able to distinguish right from wrong, and using plain common sense. This Hickey and his family went through a most trying time, and he did what he felt was right in the moment, and stayed within the law. Why does the responsible party and victim in these circumstances need to provide the burden? Did the aggressors have to compensate Hickey for lost wages, charactor defamation, and undue mental anguish? and the time he spent in jail? Was there any recourse or accountability given to the neighbors? the aggressors? This is an example of how the people who were not in compliance with the law were able to use the law in an attempt to gain (in the end, did obtain) financial advantage, and essentially escape being prosecuted themselves by lying. This story makes me feel ill to know that if I were to legitimately defend myself or family in any fashion, that I might still be found at fault.
This is a must read for all CCW permit holders.
Aim Low, don't be Disappointed, and Reach your Goals.
December 7th, 2010 09:27 PM
So, we were at the Gun Show last weekend and finally, I picked up a stun gun for the wife, 1.8million volts (I'm sure that is exaggerated, but I wouldn't want to get hit by a fraction of that, so...) and we each got a Pen dispensed, OC spray/foam to carry daily. Now, I have the piece of mind that not only is my wife carrying, but she has options, she doesn't have to kill BG and leave us when the prosecutor sees a chance to make a name for himself and do all he can to see that she spends life behind bars for defending herself. Thanks to this story, I have taken that next step and I want to thank the OP, and I want to thank the Victim, if not for what he has bravely traversed, we would all be less knowlegable.
Originally Posted by CCWFlaRuger
"You will not rise to the occasion and you will not default to your level of training. You WILL ONLY default to the level of training you have mastered."
-Ruger P345; LCP
-Mossberg 590A1; Model 42
-Phoenix Arms Raven
December 7th, 2010 10:00 PM
If you attend a dojo and practice regularly, you will discover that a man's weight and size advantage are usually enough to deal with female opponents. A woman who trains on a constant basis can overcome those deficits, but it takes a lot of work.
There is no need for a man to exert violence toward a woman. She can be easily scooped and set down on the ground without much trouble. The endgame analysis of this story is that the man was under-trained.
"It may seem difficult at first, but everything is difficult at first."
December 7th, 2010 10:19 PM
Originally Posted by mattwestm
I assume you've handled felony cases involving use of force before?
December 8th, 2010 12:34 AM
The thing is, you never know how things are going to play out once the smoke from the barrel of you gun clears.
Anyone can find themselves right in the middle of this kind of nightmare real life scenario after the smoke clears.
Two things I read from Ayoob which sticks with me from reading well over 25 years ago.
1) Sometimes it may be worth taking an ass kicking instead of shooting an unarmed person, even if you feel you are right to do so.
2) If I have to go to prison for several decades for a bad shoot, I'd just as soon be killed in the initial gunfight.
Those two statements weigh heavy on my mind, and urges me to be sure that there is no room for any questions if I'm ever involved in a shooting incident.
I've spent countless hours over the last thirty years studying case law, shooting incidents, lethal force laws, disparity of force, looking for details and traps so that I can know in my mind during the moment of truth that I'm clear to drop the hammer. I don't want to be giving up precious seconds, or fractions of seconds debating in my mind in the middle of an incident whether or not I'm clean to shoot.
Many incidents it's pretty clear cut and you know you are good to go. But so many shooting incidents end up falling into a nasty, murky gray area in which by the time you step back and look in the aftermath, things don't look so clear cut anymore.
Every prison has a certain population of pretty decent people doing hard time for manslaughter or murder because they believed they were on solid ground when they pulled the trigger. And many of those really were on solid ground and righteous to shoot but things just didn't work out well for them in the aftermath of the incident for any number of reasons.
Decent and otherwise law abiding citizens tend to not do so well in prison. It's like being thrown to the sharks, and some don't survive.
Take an ordinary family guy, maybe an insurance salesman or a teacher who has a wife and 3 or 4 kids under age 8 and throw them in prison for 15 years for murder when he's truly a decent guy trying to do the right thing defending himself or family and it's not going to be good for that person. More than a handful end up getting killed or crippled in prison before they have a chance to serve out their sentence.
That's no life for me. I think I'd just rather be killed in the initial encounter than try to live through 15 years in prison. Yeah, I might rethink that statement if it ever came down to it, but make no mistake, once your gun barks... It's a crap shoot as to how it plays out.
This case is a sobering read. Good post!
"The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."
By cinsc in forum Defensive Rifles & Shotgun Discussion
Last Post: June 11th, 2010, 11:36 AM
By razz in forum Defensive Books, Video & References
Last Post: June 11th, 2008, 10:57 PM
By Mighty HD in forum Defensive Carry Holsters & Carry Options
Last Post: January 15th, 2006, 03:25 PM
By QKShooter in forum Defensive Carry Holsters & Carry Options
Last Post: May 26th, 2005, 11:07 AM
Search tags for this page
a.r.s 13-421 defensive display interpretation
ccw and stun gun classes in michigan
ccw must read
must read books for ccw
must read for new ccw?
what to read for a ccw
Click on a term to search for related topics.
» DefensiveCarry Sponsors