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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Thread: Man shot after spraying motorist with Mace -SD ?

  1. #1
    Ex Member Array barstoolguru's Avatar
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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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    Senior Member Array Inspector71's Avatar
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    42 years old is an old man? Lawd, lawd
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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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    Quote Originally Posted by barstoolguru View Post
    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
    If 45 makes him an "old man" what does that make me at 61, a fossil??
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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.
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    Distinguished Member Array RevolvingMag's Avatar
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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.



    Quote Originally Posted by archer51 View Post
    If 45 makes him an "old man" what does that make me at 61, a fossil??
    Yes. Yes it does.
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    VIP Member Array Badey's Avatar
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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...
    "My problem with life is not that it is rational nor that it is irrational, but that it is almost rational." - G.K. Chesterton

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    Senior Member Array Sig35seven's Avatar
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    Don't bring mace to a gun fight
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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.
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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.
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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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    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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    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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    Ex Member Array mascariot's Avatar
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    Exactly...probably not justified in using lethal force against non lethal force....


    Quote Originally Posted by noway2 View Post
    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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    Distinguished Member Array Burns's Avatar
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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.
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