Posted by daddyo: It absolutely horrible that we live in a Country that using an adjective to describe the mental preparation needed to properly defend yourself from a violent attacker, could get you in trouble.
On the other hand, saying something that can be interpreted as having the mindset to harm someone for the sake of doing so can get you in trouble anywhere. Why shouldn't one expect it to?
I still have to believe that in the vast majority of self defense cases, the justification would be overwhelming. After all we are pulling our firearm to stop the imminent threat of death or grave bodily injury. Seems that this is overkill.
That's what the person who pulled the gun says happened. But there was no sound stage, no video taken from multiple angles, showing every possibly relevant aspect from start to finish.
There is evidence that deadly force has been used, and the user claims to have been acting in self defense. There is some forensic evidence proving who shot whom.. There may or may not be eyewitness or earwitness testimony from persons other than the shooter, all of it suspect to at least some extent and some or all of it possibly unfavorable to the self-proclaimed defender. Using only what can be pieced together after the fact, which will necessarily be incomplete and which will likely be unclear and which may be contradictory, it will be necessary for others to decide whether or not the person who claims to have been defending himself...
- Was in any way at fault in starting the confrontation, and if not,
- was in fact faced with imminent danger of death or serious, crippling bodily harm, and if so,
- had any means to avoid such harm other than deadly force, and if not,
- used no more force than had been absolutely necessary.
That virtual white hat that the "defender" sees himself wearing is not apparent to anyone else in the real world.
What he has said, put in e-mail, posted, put up in his yard, stuck to his bumper, and/or worn on his t-shirt can go a long way to hurt his credibility when he needs it most.