What do you say, if anything, before you shoot

[jemmy]

I have been following this thread so I apologize if someone referred to this already and I missed it. When this happened it was discussed on some other boards and someone may remember.....
A similar situation happened in Omaha almost exactly a year ago. A customer shot and killed an armed robber in a Walgreens drug store. Here is a link to a story about the shooting.

Customer Shoots, Kills Would-Be Armed Robber - Omaha News Story - KETV Omaha

I think I remember that he was cited for not having a conceal carry permit.

Here is some more info:

Douglas County Attorney Don Kleine said Tuesday afternoon that McCullough's use of deadly force was “appropriate and justified” and that he would not be charged in the slaying.

“There's no question that he had the right to defend himself and protect the lives of the others in the store,” Kleine said.

Nebraska law allows an individual to use force when his life or another person's life is threatened.

However, McCullough was ticketed by police for carrying a concealed weapon, a misdemeanor.

He had a permit to carry a loaded handgun in plain view for example, in a holster but he did not have a concealed weapons permit, said Omaha Police Officer Jacob Bettin.

McCullough pulled his handgun from the waistband of his pants before he shot Thomas, authorities said.

Kleine said civilians normally shouldn't put their lives at risk to prevent a crime. However, “if someone feels threatened,” he said, “they have the right to defend themselves.”

No one else in the store was injured.


Definitely a real scenario and a decision that you should prepare yourself to make.

[DefensiveCarry.com]

[jemmy]

sorry for the follow up...I think I remember that the charges for the conceal carry misdemeanor were dismissed. He was wearing a jacket and it was open so the gun would have been visible. I will try to confirm that.

[jemmy]

Yes, I confirmed that the misdemeanor charge of not having a conceal carry permit were dropped. BTW he was carrying a S&W 40. The last news story I saw said that Nebraska Firearms Owners Association gave McCullough the $649 to buy the replacement for the weapon that the police confiscated. If my son had confiscated it he prob would have returned it :)

[TedBeau]

Yes, I confirmed that the misdemeanor charge of not having a conceal carry permit were dropped. BTW he was carrying a S&W 40. The last news story I saw said that Nebraska Firearms Owners Association gave McCullough the $649 to buy the replacement for the weapon that the police confiscated. If my son had confiscated it he prob would have returned it :)

If the shooting was good and the midemeanor charge was dropped why wasn't the gun returned to him? I think it's great the the Nebraska Firearms Owners took care of it for him, but the police have no reason to steal this guys property.

[Guantes]

I agree with Ted.

[MitchellCT]

If the shooting was good and the midemeanor charge was dropped why wasn't the gun returned to him? I think it's great the the Nebraska Firearms Owners took care of it for him, but the police have no reason to steal this guys property.

Usually when you get a disposition in court where the state drops the charges for carrying a weapon illegally, the weapon is forfit to the state.

The thinking goes "You aren't going to be prosecuted for carrying a weapon without a permit, and have avoided legal fees for a trial and the risk of jail. But you don't get away without paying the 'stupid tax' for doing something you aught not to have done..."

Been their, represented that, got the case dismissed and had the firearms destroyed.

Client was happy they were done with the case. They wanted the weapons back, of course...but not enough to pursue the matter further by telling me to go back into the courtroom, open up the case again (which renews the prosecution...) and making the motion.

[Keisukekun]

I would just shoot first. I wouldnt want to risk him jerking out of my cross-hairs at the sound of my voice

[Guantes]

The totality and exigency of the circumstances indicate that any verbal command by me would significantly increase the risk of serious injury or death to both the clerks and myself, hence, I would dispense with any such command in this situation.

[smolck]

I'd go with my favorite Stephen Segal quote as he is walking into a store about to do some damage "I think you better call 911".

IN all seriousness, I think you have to think about your own safety first, then the clerks. If you engage the target and you miss (or make a less than instant kill shot) you endager yourself and the clerks. If the robber is content with just the money let him go. If you get into a shootout with him, you may end up shooting a bystander, clerk or whatever.

If he doesn't see me I would probably find some cover and draw my gun and get ready for the worst. But I do not engage unless engaged.

[Guantes]

The decision to intervene with lethal force in any situation is extremely serious. It is one that must be made on an individual basis by each individual based on many things, some of those particular to the individual.

[gwhall57]

In your scenario, I would shoot the BG. Why yell and make myself a target? He's already shot someone, so I'm going to shoot the BG until the threat stops, then do a quick thorough scan and make sure "Bubba" doesn't have any accomplices.....

[Old School]

A few days ago an officer issued a warning from behind partial cover of his patrol car for a person to put down a shotgun he was aiming at the officer. The response by the owner of the shotgun was to fire at the officer causing the officer to lose the sight of one eye. The shooter was shot and killed by other officers on the scene. Every situation is different but there does come a time to stop talking and end the chance of deadly force being used againsts innocents. From the OP's scenario the time to end any thought of talking was when the first shot was fired by the BG. That was the time to end the chance of deadly force being used againsts innocents. It's hard to shoot and talk at the same time.

[I3ear17]

If I were to yell anything it might be "Expelliramus!" and then maybe "hello, 911?"

[INccwchris]

I tuck and roll out from behind the aisle, draw and fire with no warning, then yell is everyone alright, someone call 911. Then go help the clerk. Seriously, thats what I would do, except for the tuck and roll, i am too fat to do that. Well, I guess I could roll out from cover, but id need help getting up.

[JOHNSMITH]

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