4my son

Agree,

He would have had about as much warning as I could give while drawing and finding a clear shot. there is no excuse for that, there is nothing a 1-2 year old child can do to deserve that kind of treatment.

He got what he deserved, unfortunately it wasn't soon enough.

__________________
"fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)]
If I have to explain it, you wouldn't understand

BlackJack

in a heartbeart!

tamworth

would it even be necessary to order him to stop? since the felonious act was already in-progress, deadly force would be immediately legit, right? I'm in Ohio, by the way. Don't know if this would be different elsewhere. Was this in California? Thanks. Horrible horrible story.

MattLarson

He's using force that a reasonable person would conclude is likely to cause death or serious bodily injury.

In Florida, that's a legally sufficient reason to deploy deadly force.

He gets a command to stop (while the pistol is drawn), then front sight / press and repeat until he no longer poses a threat to the child.

Matt

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Hope is not a plan.

HKP30

Rules for a good shoot. The person being shot needs to meet the following criteria. (At least in Indiana, where we're allowed to defend the life of others.)

A) Intent (To kill, or produce great bodily harm)
B) Opportunity (Is the person in a position to actually do what he intends.)
C) Capacity (Is there a serious disparity of force? Is the person armed with a potentially deadly weapon? etc.)

Obviously Intent is there. The man is already attacking the child

Opportunity is there. The man is in the same location as the child, and is not in handcuffs, restrained, or otherwise prevented from harming the child

Capacity is there. A child can not defend himself against a larger, stronger, determined attacker.


The question you would need to ask yourself before shooting him though is. "Can this be resolved using a lesser method?" (Ie. Pepper Spray, Hand to hand combat, a flashlight.)



As for yelling STOP.... I train to verbalize while drawing the gun. The word STOP is a command ingrained in us from childhood....... And it looks good when in front a Jury. "Officer I heard him tell that man to stop. He didn't and the man shot him." looks better than "Officer, I heard him yell "DIE DIE DIE" as he drew his gun and killed that man."

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Dingle1911

Wow, especially after spending a lot of time with my daughter on father's day this article hit me pretty hard. How could anyone beat a helpless child. I think that I would have done what was necessary to stop the man. In this situation is was pretty easy to identify the BG. Two adult males fighting would be much harder, but in this case I think it would have been pretty easy to figure out who needs help.

havegunjoe

I'm with the majority. I would order him to stop. If he didn't I would put this creep down immediately.

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atctimmy

+1. Big Time!!!!!

__________________
"Is life so dear, or peace so sweet, as to be purchased at the price of
chains and slavery? Forbid it, Almighty God! - I know not what course others
may take; but as for me, give me liberty or give me death!"
- Patrick Henry

papanewguinea

I'd shoot. No hesitation. Beating up an adult is bad enough, but Rule #1 in my opinion is: you do not hurt children.

I look at my younger pupils, and can't imagine anyone harming them. An adult is hundreds of time stronger than a child.

Yes, he's getting an entire magazine, and if I have to reload, so be it...

Paco

"STOP or I'll, BANG, shoot!"

In TX this would have been a clean shot, he was obviously intending on killing the child; there is no "I was stomping on a bee that was attacking the kid" defense with this.

I also agree with some in other posts that the on lookers who did nothing to help should at least be smacked around a bit, bunch of panty waist morons.

__________________
"Don't hit at all if you can help it; don't hit a man if you can possibly avoid it; but if you do hit him, put him to sleep." - Theodore Roosevelt

If you are not willing to stand behind our Troops, feel free to stand in front of them!

-Paco