Posted: 3/21/2007 1:47:06 PM EDT
|
I can't say what exactly I'd do unless I was actually there, but once shots are fired, I would be "in fear for my safety and for my loved ones". Instinct would be shoot the guy in the back of the head and shoot his buddy when he tries to run. However, unless the gunman seems that he will kill folks, I may let it unfold before involving myself. I hate that it's this way, but if I shot him and he killed the cashier, as far as I'm concerned, I'm accountable for escalating the situation. I might start singing "It's not Unusual" by Tom Jones to distract the gunman, and when he turns to look at my crotch, shoot him in the face. |
|
I’m not going to fully answer your question, but I will say this. I believe that by firing three shots into the ceiling the assailants have created an imminent fear of bodily harm in each person in the restaurant, thus manifesting the required mens rea and actus reus of assault with a deadly weapon, a forcible felony O.C.G.A. 16-5-21. They have also committed the forcible felony of armed robbery when they demanded money O.C.G.A. 16-8-41. They probably had the gun in their pocket so they have also committed the offense of carrying a concealed weapon O.C.G.A. 16-11-126(a) and the misdemeanor of pointing a gun or pistol at another O.C.G.A. 16-11-102. Not to mention discharging a firearm on the property of another without permission O.C.G.A. 16-11-104. Georgia gives you the right to use deadly force to protect yourself or another from serious bodily harm or to stop a forcible felony O.C.G.A. 16-3-21 (See Below). The use of force must be REASONABLE. Whether the defendant was justified in his use of force is a jury question. Oh, and don’t let the NRA tell you they passed the castle doctrine or no retreat rule here in Georgia. It’s been on the books since the Supreme Court of Georgia held you had no duty to retreat in Johnson v. State 253 Ga. 37 (1984). However, you may be brought up on murder charges. And the Georgia Supreme Court has ruled that use of a firearm in self-defense precludes a jury instruction on involuntary manslaughter because “the deadly force of a gun is known to all” and the defendant has committed a separate offense of reckless conduct by firing the weapon and cannot be said to have committed a lawful act for the purposes of involuntary manslaughter. Crawford v. State 245 Ga. 89, (1980) 16-3-21. (a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony. (b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he: (1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant; (2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or (3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force. (c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect. (d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant's reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer: (1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and (2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert's opinion. What you chose to do in that instant is up to you. How to defend you is my job :) |
Now thats the shit that I like to hear, some hard facts as to what is gonna happen. Now this goes back to the bank robbery scanario I put in a while back a nd I will answer in much the same way. My reaction will depend on 3 things and they will all change eachother, First and foremost, Is my wife and or kids with me? Second, are they acting as if they are going to shoot me or someone else? Third, My exact location at the time it is happening? If my childeren are with me I am alot more cautions and aggressive at the same time, Cautious as to whats going on and thier location when it happens and aggressive as in If my kids are with me and someone comes in shooting, first thing I am gonna do is make wure they are in a safe location, second is immediate elimination of the threat. If they come in pop 2 or 3 into the air, and thats the only crazy thing they do, I would probably let em go if I was alone. If they are acting as if they are going to harm innocent people, like acting jumpy or erratic, I would look at #3 does my location dictate me being able to drop one by surprise and pop the other before he figures out who did it? I would preffereably let em take the money and run, But it seems that Its not So easy these days to see people suffer. or see the weak minded take advanteage of the weak willed! |
This is obviously a trick question. There is no way in hell I am gonna risk getting my gun dirty and probably sticky by touching it with hot wing sauce all over my hands. But a little more seriously, Did they say 'give me the money or I kill you(someone)'? I think I would have to have more proof of bodily harm to someone. Ceiling tiles are on their own as they are always just hanging around.  Kletzenklueffer: After the three shots, I believe "It's not Unusual" by Tom Jones would be too quiet a song to get their attention. Maybe "Hound Dog" or "Great Balls of Fire". By the way, I have been robbed at gun point. It ain't fun, I did think quite clearly and followed the fucker's instructions. No, I wasn't armed, would it have made a difference? Not sure, it was a night deposit and I was under a light and the fuckstick was under the cover of darkness. I am glad I have gotten over it after all these years.  ByteTheBullet (-: |
One and two are things you cannot control everytime...The third one is something you should always think about and control when sitting down in a restaurant/where ever...It's preparedness not paranoia. ByteTheBullet (-: |
| *Smacks forhead* Yeah, I forgot that one didn't I. (O.C.G.A. 16-11-106). This is why I don't prosecute, too many laws covering the same conduct. Always hated that law because it requires the jury to find a felony first before considering it, but you can't just not consider it once the jury instructions start flowing. My bad, shoulda cought that one. |
BTB- You haven't heard me sing!  . It could kill them right there (and everyone else in the restaurant)On the robbery, not saying it'd make a difference, but every time I pull through the bank, especially the ATM, I have pistol in hand. I will start shooting before he finishes his "give me your..." |
|
Oh boy. This could go so many different ways. I'm always extremely aware and operate in condition orange way more than necessary. More than likely the perp would have looked suspicious and given off a pre crime cue of some sort. I personally probably would have been aware of what was about to take place. The minute I see a gun,mine will be drawn and a move to hard cover will be made to assess the situation from a position of more safety if possible. The girlfriend would dial 911 on her cell if possible. I would be at the ready to return fire if necessary. After the perp has demonstrated that he had a real gun by firing it in the air and then pointed it at the cashier,one can only assume that he has intention of killing someone. If he fired on the cashier....I would drop him. If he made out with the money.....I would follow to gather intel to relay to the Police to assist them in apprehension. Avoidance,Deterrence,and de-escalation should always be our primary concern. Remember what VSP related to using your handgun in self defense was akin to? A nuclear bomb......the last resort. It cannot be undone. Its final. Be prepeared for the consequences. Their is an attorney attached to every round you fire.The situation will more than likely be life altering. Are you prepared for the outcome? |
Many reasons I dont go there, pisspoor service being #1 reason. When in that situation Id probaly act, and expect the police to go after me later for it |
Actually you cant control any of them, What if you just ooka dump and walked out to someone waving a gun around, What these things would do is dictate how I would act in the situation, as I stated above, THe more of these things you add into the equation the more aggressive i would get. My kids are with me alot of aggressions for putting them in that situation, acting erratic is instantly gonna put me in fear for my life, and If I am in the shitter and my wife and kids are at the table, HOpefully she stayed calm and thought enough to put the kids somewhere safe, Cause I am coming out blasting.... |
Seems this is an exciting area lately, someone drove through the mall other week and now this. Helps remind me to keep everything locked up |
Correct it does put it in a new light, But shots fired does not mean shoot first ask questions later. As if you shoot em from behind surely thier slimeball lawyers (Present company excludud) will prove that they meant no harm and only fired the shots to scare everybody, and they were no danger to anyone when you shot them! Shooting someone should be a last resort, As 00Bullitt said, its gonna be a life altering experience! And you can never ever take it back, you can never give someone thier life back, think before you pull the trigger! ETA, I dont think this is a YES or NO answer, How about definately maybe! But it depends on the situation! |
Unfortunately, they probably won't think you're a hero. The employees might like you, but management will think your evil. Even if they don't, they can't bee seen as encourageing violence. No free wings. :( |
Wouldnt be surprised to be brought up on charges. As for free food from Zaxbys Id be happy if they just got the order I paid for right |