Yeah... the prosecutor might very well make that argument. It doesn't mean the jury will agree with the prosecutor. But I can see the argument being made and POSSIBLY being effective.
Just food for thought.
Road rager. What would you have done?
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Just food for thought.
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Video can be good. Video can send you to prison. So can your mouth. To wit:
The moment that it was observed the driver was approaching his vehicle with a weapon revealed the intent of the aggressor. At that point he should have driven away. If he could. If not, eliminate the threat.
Running him over is risky. Once he realizes this is happening he may shoot thru the windshield. Maybe hits the passenger. In this case the wife.
Rule #1 STFU.
The moment that it was observed the driver was approaching his vehicle with a weapon revealed the intent of the aggressor. At that point he should have driven away. If he could. If not, eliminate the threat.
Running him over is risky. Once he realizes this is happening he may shoot thru the windshield. Maybe hits the passenger. In this case the wife.
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What BL wrote precisely! The "road rager" [Mr. Slain (sp?), oh the irony of a name!] was clearly the aggressor, had previously "brake checked" the couple twice, followed them into their gated community, and then stopped in the middle of the road, exited his car and approached the couple's vehicle while openly carrying a firearm, and then attempted to reach into the OPEN driver's side window, apparently trying to get to the phone recording him! It would have only taken a NY second for Mr. Slain to raise that firearm and open fire! Why the did the couple leave their window down? WTF? I don't think the couple realized they were potentially milliseconds from getting shot!
My windows would have been closed, doors locked, pistol drawn and at the ready by my thigh, and if I didn't think I could hit the accelerator and escape, I'd have been forced to end the threat, which he clearly was!
I agree the husband asking that question of his wife was a stupid one for several reasons and revealed a delayed mindset that could have got him and/or his wife shot! NFW is an armed road rager ever getting that close to me and mine!
My windows would have been closed, doors locked, pistol drawn and at the ready by my thigh, and if I didn't think I could hit the accelerator and escape, I'd have been forced to end the threat, which he clearly was!
I agree the husband asking that question of his wife was a stupid one for several reasons and revealed a delayed mindset that could have got him and/or his wife shot! NFW is an armed road rager ever getting that close to me and mine!
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In Florida (where this happened), there is no legal requirement to retreat. aka SYG.
HOWEVER, just because you can, it doesn't mean you should stand your ground. He could have EASILY evaded the perp in this case, and arguably that is the PRUDENT thing to do.
The best way to win a fight is to not be there. Or as Mr. Miyagi said, "Best block... no be there."
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Anybody catch the truck drivers shrill wife mouthing off to the rager? Another stupid mistake. That could have been enough to provoke the rager to shoot.