Man shot after spraying motorist with Mace -SD ?
This is a discussion on Man shot after spraying motorist with Mace -SD ? within the Off Topic & Humor Discussion forums, part of the The Back Porch category; The other man later told deputies he couldn’t breath after being doused with the pepper spray. He pulled out a pistol and shot twice, striking ...
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June 8th, 2012 09:32 PM
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Man shot after spraying motorist with Mace -SD ?
The other man later told deputies he couldn’t breath after being doused with the pepper spray. He pulled out a pistol and shot twice, striking the younger man in the arm and the neck, deputies said.
So was it self-defense? .... Obviously the young man couldn’t control his temper and the old man felt threatened. The comments seem to lean towards the old man.
Man shot after spraying motorist with Mace | Newswatch | a Chron.com blog
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June 8th, 2012 09:32 PM
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June 8th, 2012 09:39 PM
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June 8th, 2012 09:47 PM
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Based on the information given in the story, I think the GJ will find the shooting was justified. The shooter tried to get away from the younger man, thus defusing the situation, but was followed and assaulted. This also apparently happened in TX so there was no duty to retreat.
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June 8th, 2012 09:49 PM
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Originally Posted by
barstoolguru
If 45 makes him an "old man" what does that make me at 61, a fossil??
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
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June 8th, 2012 09:50 PM
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The way it is written he may get away with a self-defense, the DA will have to sort this one out.
When you have to shoot, shoot. Don't talk.
"Don't forget, incoming fire has the right of way."
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June 8th, 2012 09:59 PM
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I really have to lean towards the guy who got pepper sprayed. I know if someone, who was the instigator, sprayed me with pepper spray- and I somehow managed to be able to continue seeing what was happening- I would definitely start shooting.

Originally Posted by
archer51
If 45 makes him an "old man" what does that make me at 61, a fossil??
Yes. Yes it does.
"Rock and load, lock and roll... what's it matter? FIRE!!"
"Gun control means hitting your target every time."
Please take everything I say with
at least one grain of salt- I am a
very sarcastic person with a
very dry sense of humor.
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June 8th, 2012 10:11 PM
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1. The story makes it sound like to 24 year old escalated the situation and became aggressive
2. The GG tried to retreat as opposed to getting into an altercation
3. The 24 year old chases down the GG
4. The 24 year old assaults the GG
IMO, the GG is justified if he feared that the OC spray would make him unable to defend himself from an impending physical attack...
"Men who look upon themselves born to reign, and others to obey, soon grow insolent" -Thomas Paine
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June 8th, 2012 10:20 PM
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Don't bring mace to a gun fight
"Confidence is food for the wise man but liquor for the fool"
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June 8th, 2012 10:30 PM
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If someone chased me down to spray me i would be worried what they were going to do after i was incapacitated.I can't say i would have shot but i damn sure would have been as ready as i could be (given just being sprayed ) to defend myself.
The easy way is always mined.
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June 8th, 2012 10:55 PM
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I'm on the fence on this one. 24 y.o. would definitely have been a frightening individual to encounter. The OC
would suggest that possible further attacks were coming. What I'd want to know is what the young man did or said
immediately after using the OC. There's a big difference in the threat depending on whether he raised his hands, verbalized
a threat, turned to walk away, stepped back from the door of the car. I think we need some more details filled in
to know what to think about this. There is definitely the potential for this to be looked at as a retaliatory murder.
It probably isn't, but it is possible within the limits of the info presented in the original story. DA, GJ, will have to sort it all
out.
"Great is the guilt of an unnecessary war."
John Adams. Second President of the United States.
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June 9th, 2012 04:54 AM
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The (old) guy should be commended for being on target and the young guy should've realized he was near Guhn street.
Why?? Because at the last second, the Police are minutes away.
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June 9th, 2012 06:21 AM
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As written; the younger man caused the wreck, got into an altercation, pursued a fleeing victim, and sprayed him with Mace. The victim defended himself. The young man had plenty of opportunity to avoid the confrontation. Instead, he provoked the situation. "Well, if I had known he was going to shoot me; I would have behaved differently" won't fly.
"The superior man, when resting in safety, does not forget that danger may come." ~ Confucius
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June 9th, 2012 08:04 AM
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While I agree completely with the above assessments, regarding instigating, persuing, assualt, threating, and so forth, I am in the same camp as Hopyard: what happened immediately after being sprayed and before the shooting. As much as I agree that the actions leading up to this were wrong and undoubtedly subject to criminal prosecution, the article does not give enough information to say whether or the AOJ test passes. In other words, was there a sufficient threat, beyond assault with NON LETHAL force to justify the use of LETHAL force?
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June 9th, 2012 10:42 AM
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Exactly...probably not justified in using lethal force against non lethal force....

Originally Posted by
noway2
While I agree completely with the above assessments, regarding instigating, persuing, assualt, threating, and so forth, I am in the same camp as Hopyard: what happened immediately after being sprayed and before the shooting. As much as I agree that the actions leading up to this were wrong and undoubtedly subject to criminal prosecution, the article does not give enough information to say whether or the AOJ test passes. In other words, was there a sufficient threat, beyond assault with NON LETHAL force to justify the use of LETHAL force?
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June 9th, 2012 10:51 AM
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They both made mistakes. Lethal force vs non lethal force, as LE you could get away with it, but not as a civilian. I think the 24 YOs mistakes are pretty obvious.
Those who make peaceful revolution impossible will make violent revolution inevitable- JFK
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