Road Rage Good Shoot / Bad Shoot

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Thread: Road Rage Good Shoot / Bad Shoot

  1. #1
    Senior Member Array Hot Wing's Avatar
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    Road Rage Good Shoot / Bad Shoot

    This happened In Florida this week

    Two guys get in a very light fender bender guy that gets hit ,

    get out of his car walks back to guy that hits him and punchs

    him in the face threw open window. Guy that gets punched

    draws his weapon fires and hits the guy in chest he should live

    from the reports states. The guy that shot him is a county fire

    inspector. We will see how tis one plays out. For me on this one

    I don't think I would have fired at that point.

    Now if this fool that punched me tryed to open my door then yes its

    on. WHAT SAY YOU.

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  3. #2
    Ex Member Array WhoWeBePart1's Avatar
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    I take it this is the story.

    Traffic mishap leads to shooting | floridatoday.com | FLORIDA TODAY

    A Titusville fire inspector told authorities that he shot and wounded a man in self-defense while they argued about a minor traffic accident Thursday in Seminole County.

    No one has been charged in the apparent road rage incident in the Mayfair Oaks subdivision south of Oviedo.
    Mark Whorton, 50, a resident of Oviedo and a Titusville fire inspector for four years, told sheriff's deputies that a 2007 Honda Fit driven by Michael McClarin, 34, of Casselberry hit his 2007 Lexus at 6 p.m. on Chapman Road.

    Whorton said McClarin then "attempted to hit him with his vehicle while (Whorton was) pointing out a black scuff mark and dent on the driver's side door" of his Lexus, Christie Ganley, a Seminole County sheriff's deputy, wrote in the incident report.

    McClarin disputed that account. He said the Lexus was blocking the road, and as he tried to ease past, the car began to move and hit his Honda. McClarin then followed Whorton into the subdivision, cut him off and approached him.

    "McClarin stated that at this point, Whorton shot him point blank in the chest" with a 9 mm semiautomatic handgun for which Whorton has a concealed-weapons permit, the deputy wrote.
    Whorton called 9-1-1, at which time a dispatcher asked him why he shot McClarin.

    "He assaulted me," said Whorton, who was returning from his workday in Titusville and was still wearing his uniform. "He came out and punched me right in the head."

    The dispatcher asked Whorton to tell the victim to sit down.
    "He doesn't want to talk to me because, you know, I'm the one who shot him," Whorton told the dispatcher. "He was highly agitated."
    When the deputy arrived, McClarin was leaning against his car with a finger in the gunshot wound to stop the bleeding.

    "McClarin told me to tell his family how much he loved them and to tell his children to do right and be strong," Ganley wrote.
    McClarin was flown by helicopter to Orlando Regional Medical Center and was described as alert.

    The firearm was surrendered to the police. One shell casing was found at the scene.

    Wharton started at Titusville Fire and Emergency Services on May 10, 2006, and "has an exemplary record and a great rapport with the community," said Division Chief Scott Gaenicke, who added that Wharton has been an employee of the month and a recipient of the chief's award. "You've got to be a people person to be an inspector."
    In his citation for employee of the month, Wharton was recognized for purchasing parts with his own money and repairing light fixtures for an elderly business owner.

    He is one of two fire inspectors in the department and was placed on paid administrative leave after the shooting.

    "It all depends on what happens with the police investigation," Gaenicke said. "But we also will be reviewing the case to see if any department policies were violated."

  4. #3
    Member Array javahawk's Avatar
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    Its hard to say based on that. A punch to the face can be deadly force. I'd have to hear more.

    First judgement, I would say its not quite justified. But something tells me the shooter won't be too liable, at least in court. Who knows.

  5. #4
    Ex Member Array Ram Rod's Avatar
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    Road Rage Good Shoot / Bad Shoot
    Road rage is against the law. There can be no "good shoot/bad shoot" in any of these scenarios no matter what. A shot fired is in defense of what? Keep yourself out of these scenarios is the best advice I can give. Something stupid on the road isn't worth your life or getting involved in what you might think demands attention. Stay above ground and keep cool.

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    Senior Member Array tbrenke's Avatar
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    "Whorton called 9-1-1, at which time a dispatcher asked him why he shot McClarin. He assaulted me," said Whorton"

    that is the kicker. I would say not justified.
    "I cannot undertake to lay my finger on that article of the Constitution, which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -1792, James Madison
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    Member Array tflhndn's Avatar
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    A physical assault on someone who is restrained in their seat by a seatbelt can be jsutification for use of deadly force, since the being restrained makes the effect of the assault much worse... Massas Ayoob has written about a case where he testified on behalf of the person int he seat, who fired in a similar situation and was found not-guilty...

  8. #7
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    Quote Originally Posted by tflhndn View Post
    A physical assault on someone who is restrained in their seat by a seatbelt can be jsutification for use of deadly force, since the being restrained makes the effect of the assault much worse... Massas Ayoob has written about a case where he testified on behalf of the person int he seat, who fired in a similar situation and was found not-guilty...
    That may be true... but I bet it was a tough case to get acquitted.

    I'd say that given the circumstances which have been given so far, it's a pretty thin case. It may ultimately be ruled justifiable, but I would hate to be in that situation.

    Also, I believe I would have been a little more restrained in that situation. A single punch in the face isn't going to make me wilt like a shrinking violet... in most circumstances.

    However, if he kept on pummeling me in rapid fire succession or attempted to drag me from the car, it definitely ratchets things up considerably.
    -Bark'n
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    "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."

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    I dunno. If the facts turn out to support Whorton's assertions the other guy tried to hit him with his car then resorted to punching him in the head while in the car, he could be OK. Certainly the car is a deadly weapon and the fist could be. If the car threat were off the table because Whorton was back in the car, this gets a bit tougher. It sounds like Whorton should have stayed in his car with the windows UP and the doors LOCKED. Then if the other guy breaks a window or wrenches a door open the castle doctrine kicks in.
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    Senior Member Array tbrenke's Avatar
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    keep your trap shut and get a lawyer. telling the 911 operator that you shot him "because he hit me" sounds like revenge not self defense. this one could go eather way.
    "I cannot undertake to lay my finger on that article of the Constitution, which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -1792, James Madison
    There are always too many Democratic, Republican and never enough U.S. congressmen.

  11. #10
    Ex Member Array Ram Rod's Avatar
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    Leading up to the causes by where a shot was fired. You can figure it out yourself without a lawyer. Keep it simple, and in simple terms, don't make things more complicated.

  12. #11
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    Defend yourself if you fear for your life, but keep your mouth shut and let an attorney do your talking.
    If someone comes to my car window and attempts to assault an mid-sixties gentleman who did nothing to start the attack...well, I'm not about to let that happen.
    These are situations where you'd have to be there to decide.OMO
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  13. #12
    New Member Array sixgunluvr's Avatar
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    Road RAge

    You think that's bad? read this.....by an off duty policeman no less. Shamefully I think it's a little more clear who initiated the threat in this incident.

    Off-duty Pittsburgh detective charged in road rage

  14. #13
    Member Array OlsenG360's Avatar
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    If it was a minor fender bender...why not just drive away from the guy if he's getting violent? Call 911 and explain why you felt inclined to leave.

  15. #14
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    Quote Originally Posted by sixgunluvr View Post
    You think that's bad? read this.....by an off duty policeman no less. Shamefully I think it's a little more clear who initiated the threat in this incident.

    Off-duty Pittsburgh detective charged in road rage
    This is really hard to believe because he looks like such a friendly fellow.
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    Quote Originally Posted by Bark'n View Post
    However, if he kept on pummeling me in rapid fire succession or attempted to drag me from the car, it definitely ratchets things up considerably.
    Just what I was thinking. If it was a single punch and the guy backed away, I would likely draw, not necessarily point it at him, but have it ready-and then drive the car the hell out of there while calling 9-1-1. And then have him arrested for battery when the police arrive.
    If he is in fact pummeling you, fire away.

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