Some suggestions as to how to handle this.
I have a problem I wanted to throw out here because I think I will get better feedback here than from what my local Police force has advised.
Situation about 6 weeks ago was as follows
1 I am the night manager at a convenience store, at about 4 pm a regular customer who has a history of harassing other costumers is short about .50 for his beer, I told him I could not help him out, the customer behind him says he will pay for it because he is in a hurry.
The first customer here to referred to as IDIOT, then gets his beer, and takes the change out of the good samaritans hands, and starts to walk out, I tell him to stop and give the customer his money back, he tells me its not my concern, I tell him that the change is the good samaritans, he gives the guy a hard look and says "you got a problem" of course the guy is scared and says "no you keep it"
2 IDIOT walks back into store 2 hours later, I tell him he is no longer allowed on the property because of what happened before, he gets belligerent and threatening, I tell him to leave again and advise him that he is now criminally trespassing.
3 30 minutes later I am outside smoking a cigarette, the guy comes back on property cussing and saying I better not <some cursing> with him, I tell him he needs to leave again and he rushes at me, I can see both of his hands because he is coming at me with both exposed, he takes a swing at me and knocks the cigarette out of my mouth, I push him back and back up.
4. At this point he is still talking trash, I tell him he needs to get off the property, he says "i got something for you <more cursing>" and reaches behind his back with his right hand,
5. PUCKER FACTOR the guy is 8-9 feet from me, I draw on him and tell him to let me see his hands, he shows his hands but is still antagonistic and starts towards me, I now am in pucker factor + 3, still coming down from realizing he didn't have a weapon, but now realizing I may have to shoot him to prevent him disarming me.
I use as strong a language as possible to encourage him to leave, I guess he realized I was about to shoot him and he walks off, still making threats.
6. Call 911, first officers to arrive have been to my location before, one of them several times, they ask what happened, I explain and offer them the video, tell them this guy is gonna be a problem and he needs to be picked up. They basically tell me what I already know, they cant do anything etc etc, if he comes back to call them.
7. 1 hour later Mr. IDIOT comes back up to the property chain link fence which borders his apt complex and starts yelling loud enough that the 911 operator had trouble hearing me try to describe the guy.
(theres a drive through window that faces the apt complex) I tell the operator to please get a unit out here as soon as possible. The IDIOT is intoxicated and still making threats to me and saying stuff about my wife and daughter who had both worked there before, stuff that would get most people beat down in the streets, I Ignore the rants but he does the dumbest thing I have ever seen anyone do, KNOWING I HAVE A GUN HE TRIES TO TAUNT ME BY SAYING YEAH <cursing> HERE ILL REACH AGAIN, WHAT YOU GOING TO DO SHOOT ME? (how am I supposed to know or not know if he has a weapon? I assumed and luckily for me correctly that the crackhead was just blowing steam and if he had a gun he would have been shooting and not talking)
8. 30 minutes later and about 30 minutes before I'm gonna close the store another unit shows up, I assumed incorrectly that he would know what the situation was, he was clueless, so I have to go and explain the whole thing again, I get the LEO who hates CHL owners and apparently is not too bright either since law in Texas has been around for almost 12 years now you would think he knows what the law is, apparently not or he had selective memory.
9. Instead of him being concerned about the fact that this IDIOT had continued to make threats his concern was about why I have a gun in a place of business that sells alcohol, NOT ILLEGAL IN TEXAS, EVEN WITHOUT A CHL as a supervisor I CAN CARRY ON PREMISE. He tells me I cant carry anywhere alcohol is sold, I am a bit upset at this point anyway because I am getting the bend over here, I was going to ask him to call a sergeant out, and now regret not doing that, either way he tells me "you need to get in your car and leave"
OK maybe that would work for some people, but I am not calling 911 because I need protection, I am calling him out here to arrest a person making terroristic threats, he tells me he will wait in the parking lot for 4 minutes if I am concerned about my own safety I should use that time to get out of there. NO disrespect to any LEO here but IMO this LEO is an IDIOT, sure I can leave, but I have to return to work, so what is the point? would it not be wiser to go find the idiot who was making threats?
I tell the LEO I am not about to "leave my employees at risk for my own safety especially if he is not going to stick around" he tells me that should there be an incident that I had the opportunity to retreat but choose not to, IS THIS FOR REAL? As I understand the law as recently passed last September 2007 it now exempts me from having to retreat at work or from my car, but I'm not a lawyer and I don't want to be the trial case for the new law either.
What I have done is simply keep my eyes open for this guy, if he comes back on property I am going to assume he has come back to make good on his threat, I have determined my best chance of survival here is to use OC spray on him if he walks in regardless of his intent, simply because of his stupidity in the past about claiming a fake weapon. I don't want to seem cold hearted here but I strongly feel if he claims to have a weapon again I should shoot first and not find out the wrong way, I don't regret not shooting the first time, but how am I going to know if the guy is playing games or not? I don't want my conditioning to get to the point where I say its ok for someone to tell me they are reaching for a weapon and I don't do anything until its too late because honestly I got lucky on my draw time, (practice practice practice) of course since I have not seen this IDIOT again he probably is not coming back, none the less advice here from the forum would be helpful. THANK YOU.