Attacked in fast food drive through

Attacked in fast food drive through

This is a discussion on Attacked in fast food drive through within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; So, another late night what a burger trip in Texas goes south. Me and a buddy of mine were returning home from a night fishing ...

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Thread: Attacked in fast food drive through

  1. #1
    Member Array DrahtDog's Avatar
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    Attacked in fast food drive through

    So, another late night what a burger trip in Texas goes south. Me and a buddy of mine were returning home from a night fishing trip passing through Winnie, Tx pulling my bay boat. As we pulled up to the drive though there was a car already ordering in front of us. We both hopped out walked back to the boat and removed our fishing rods from the verticle rod holders so we could make the overhead clearence and laid them in the bottom of the boat. As I was walking back to the truck another vehicle pulls up, the driver gets out and immediately starts yelling. I told the guy we had to lay the rods down to chill out. He screams Ill jack you up.

    I tell him we are not interested in fighting we came to eat an there wasnt going to be a fight. I then started walking towards my truck again, as I see him waiving more people over. I got back in the truck and pulled up to order, as I start ordering I see someone running at my truck, I reached in my console and grabbed my g23 with a tlr3 weapons light mounted on it. The guy is right on me by now and grabs me by my shirt with one hand and choking me with the other. I turned towards him and leaned back across the console in one motion and brought the pistol up level with his face with my weapons light on. He was blinded and started swinging wildly. As I was taking the slack out of my trigger I saw the springfield xd 40 cal fly by my head from the passenger seat. Finally the guy snapped and realized what was going on, it looked like he saw a ghost, he just started backing away stumbling. I requested the guy on the drive through speaker to call the law and called them myself. The guy was obviously wasted drunk and took off before the police arrived. I ended up having one scratch on my neck and half my shirt ripped off and a bruise on my chest.

    I filed assault charges on the guy, and am trying to talk law enforcement into making it a felony assault due to choking. The people at the what a burger new him and id'd him. He currently is on deferred adjudication in another county for 3rd degree felony auto theft/ins fraud. Has been convicted of theft and then another for burglary of a habitation. He is also currently indicted for 8 felonies from the feds. Two days later my ccw permit shows up in the mail, kinda ironic huh?

    How did I handle it, what would you have done different? Seems like the weapons light hurt and helped me. He did not realize he was about to eat a 165 gr cor bon, he just thought it was a flashlight. But it obviously blinded him. The cops told me I was right not to shoot because it wouldnt have been justified, not real sure if Im buying into that one. Havent gotten a chance to take my TX chl class yet, got my license through FL. But I will take it the next weekend off, to learn TX law better.
    Last edited by JD; August 5th, 2012 at 02:35 AM.
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  2. #2
    Distinguished Member Array Burns's Avatar
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    I probably would have unloaded 2 oz of OC spray on him, I don't think it's a good idea to not carry a non-lethal alternative, but the majority of people still don't understand that...

    "If all you have is a hammer, everything looks like a nail"
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  3. #3
    VIP Member Array Secret Spuk's Avatar
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    Good for you that you did'nt shoot him... you'd probably be the one going to jail.
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  4. #4
    VIP Member Array Brad426's Avatar
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    Yep, you almost certainly would be in jail had you shot him. Second the pepper spray option here.
    I have a very strict gun control policy: if there's a gun around, I want to be in control of it.
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  5. #5
    Member Array DrahtDog's Avatar
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    I can agree with both of those comments. I was definitely pleased with the outcome, and have started looking into something non lethal to carry. The knife that I carry 24/7, that would have probably been an option I didnt think of at the time that I actually had on my person.

  6. #6
    Member Array DrahtDog's Avatar
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    What I wonder is here in TX how the castle doctrine we have that extends to your legally occupied vehicle would come into play.
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  7. #7
    Distinguished Member Array Chaplain Scott's Avatar
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    Could you have just driven away? Were you still blocked in? While, on the one hand it may have been hard to do, distance is your friend--it MAY have allowed you to force him to disengage and given you time to call 911 without killing him. At the same time, he may have fallen under the wheels of your truck or boat---"Gee Officer, I was just trying to get away from HIS aggression, I didn't feel him get run over."
    joker1 and goldshellback like this.
    Scott, US Army 1974-2004

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  8. #8
    Member Array DrahtDog's Avatar
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    No, no where to go.

  9. #9
    Distinguished Member Array sid1's Avatar
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    Glad your Ok, Lets hope this guy learned his lesson also, to think twice before acting like a fool.

  10. #10
    Member Array k6gixx's Avatar
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    Texas he's assaulting you in a vehicle and you felt your life was in danger. That's a good shoot as long as you can articulate your thought process. You did everything required of you in that situation
    ArmyMan, Doodle, phreddy and 5 others like this.
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  11. #11
    Member Array scott625's Avatar
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    I thought Texas was a stand your ground state? Why would this not be justified?
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  12. #12
    Senior Member Array marcclarke's Avatar
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    Choking can turn lethal in under a second. All the attacker has to do is to crush your windpipe. Grab and squeeze really hard.
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  13. #13
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    Quote Originally Posted by DrahtDog View Post
    As I was taking the slack out of my trigger I saw the springfield xd 40 cal fly by my head from the passenger seat.
    I'm not real clear on the part above, was this your passenger's weapon?

    I'm glad it worked out for you, and I do agree with having non-lethal alternatives.

    If I understand this right, you were inside your vehicle in the drivers seat and ordering and this guy came to your open window, reached inside, had one hand on your throat and the other on your shirt? I wasn't there, but my initial thoughts are that I'd smacked him and drove away, and once safe called the police.

    As close as you were, and "pistol up level with his face", you had to be very close to him, and it may have been easy for him to get into a scuffle with you and weapon retention, which could have turned ugly, quickly.

    Your gas pedal may have been a good option as well. I'm glad you don't have to deal with the aftermath of shooting this guy and deal with the expense and headache of defending yourself in court.
    Kiowa likes this.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

  14. #14
    Ex Member Array ArmyMan's Avatar
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    Quote Originally Posted by DrahtDog View Post
    So, another late night what a burger trip in Texas goes south. Me and a buddy of mine were returning home from a night fishing trip passing through Winnie, Tx pulling my bay boat. As we pulled up to the drive though there was a car already ordering in front of us. We both hopped out walked back to the boat and removed our fishing rods from the verticle rod holders so we could make the overhead clearence and laid them in the bottom of the boat. As I was walking back to the truck another vehicle pulls up, the driver gets out and immediately starts yelling what the f. I told the guy we had to lay the rods down to chill out. He screams Ill f you up. I tell him we are not interested in fighting we came to eat an there wasnt going to be a fight. I then started walking towards my truck again, as I see him waiving more people over. I got back in the truck and pulled up to order, as I start ordering I see someone running at my truck, I reached in my console and grabbed my g23 with a tlr3 weapons light mounted on it. The guy is right on me by now and grabs me by my shirt with one hand and choking me with the other. I turned towards him and leaned back across the console in one motion and brought the pistol up level with his face with my weapons light on. He was blinded and started swinging wildly. As I was taking the slack out of my trigger I saw the springfield xd 40 cal fly by my head from the passenger seat. Finally the guy snapped and realized what was going on, it looked like he saw a ghost, he just started backing away stumbling. I requested the guy on the drive through speaker to call the law and called them myself. The guy was obviously wasted drunk and took off before the police arrived. I ended up having one scratch on my neck and half my shirt ripped off and a bruise on my chest. I filed assault charges on the guy, and am trying to talk law enforcement into making it a felony assault due to choking. The people at the what a burger new him and id'd him. He currently is on deferred adjudication in another county for 3rd degree felony auto theft/ins fraud. Has been convicted of theft and then another for burglary of a habitation. He is also currently indicted for 8 felonies from the feds. Two days later my ccw permit shows up in the mail, kinda ironic huh? How did I handle it, what would you have done different? Seems like the weapons light hurt and helped me. He did not realize he was about to eat a 165 gr cor bon, he just thought it was a flashlight. But it obviously blinded him. The cops told me I was right not to shoot because it wouldnt have been justified, not real sure if Im buying into that one. Havent gotten a chance to take my TX chl class yet, got my license through FL. But I will take it the next weekend off, to learn TX law better.
    I don't see how lethal force would not have been justified in that situation. I would have don the same thing.
    mano3 likes this.

  15. #15
    Ex Member Array ArmyMan's Avatar
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    Quote Originally Posted by k6gixx View Post
    Texas he's assaulting you in a vehicle and you felt your life was in danger. That's a good shoot as long as you can articulate your thought process. You did everything required of you in that situation
    *And his passenger also thought his life was in danger. This plays to 'what a reasonable person would do'.

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