[roff]

I just read a news article about a hit and run where the driver hit a pedestrian and took off. If I am walking across a parking lot into a store with someone and a car comes up and hits the person I am with. The car drives off. Am I allowed to shoot at the car/driver?


here is the article if anyone is interested.
Hit-run victim's family takes solace in arrest | Houston & Texas News | Chron.com - Houston Chronicle

 

[JonInNY]

I would say not. First it would be almost impossible to hit the driver of a moving car, even though they do it on TV all the time.

Secondly, the odds of hitting an innocent bystander are greatly increased.

Thirdly, I believe the courts would look at it as a revenge/vendetta shooting, since the crime has already been commited, and you would not be preventing it.

I would immediately call an ambulance, and then 911 and inform the authorities of the make/model/color of the vehicle. Let them apprehend the suspect.

 

[wmhawth]

No. In this scenario you are not in immediate, unavoidable, deadly danger. The crime has already been committed and the perpetrator is leaving the scene.
Shooting at the car would be a very irresponsible act.

 

[JonInNY]

This is a direct quote from NY State Law, which is probably similar in most juristictions:

a) You may never use deadly physical force against another person who is stealing property (no matter what the value
of the property) when it does not fit into the category of robbery.

b) You may not use deadly physical force against a fleeing person. Leave the apprehension of a suspected felon to the police.

c) If you shoot another person, you may be required to appear before the Grand Jury to determine if your conduct was justified. You will also have to pay for your own legal counsel. Therefore, it is recommended that the use of deadly
physical force be avoided except in those cases where it is absolutely necessary to protect yourself or another person from the imminent use of deadly physical force and you do not unnecessarily endanger innocent parties.

 

[hogdaddy]

I'd Hate to say what I'd do if it was my wife or daughter. The Granma step in the way to save the kids.
This guy is SCUM!!

 

[mcp1810]

Time out guys! The OP's location is Houston Texas. Only Texas law is relevant here.
Roff, the following excerpts are from the Texas Penal Code section on justification.

Texas Statutes - Section 9.33: DEFENSE OF THIRD PERSON
A person is justified in using force or deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and

(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notice that nowhere in this section does it authorize the use of deadly force to prevent someones escape. So under the penal code of Texas you may be justified in using deadly force against someone fleeing the scene of a robbery or burglary, but not a murder!

Now in the justification section dealing with law enforcement9.51)

(d) A person other than a peace officer acting in a peace officer's presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and:

(1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or

(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed.

(e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d).

So it looks to me like you are not permitted to use deadly force to effect an apprehension for assault or murder unless you are acting under the direction of a peace officer.

 

[Tbonedemon]

Yea, you can't shoot in a moving vehicle in NC here, an officer lost there job for that. Plus for a direct hit through a windshield, the bullet has approach at a 90 degree angle or chances of penetration are greatly decreased, might even bounce off and hit a bystander, if its a must, you would have better luck of chasing them down and then taking care of buisness but, the life that was almost taken is more important!

 

[dukalmighty]

Even if you hit the driver you have a moving weapon that can kill or maim innocent people that you will be held liable for,get a tag number and driver description and be a good witness

 

[BikerRN]

Even if the law says you can, does not mean you should.

Biker

 

[PointnClick]

I agree with Biker... there are at least 300 ways that could go bad, and most of them will send you indoors for all day...

 

[RETSUPT99]

Pretty dumb shot to take...good luck!:ziplip: