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Old August 14, 2009, 11:46 AM   #13
Evan Thomas
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Join Date: July 7, 2008
Location: Upper midwest
Posts: 5,631
Quote:
Originally Posted by Sparks2112
Quote:
Originally Posted by Vanya
The only way you'd likely be able to use your gun in that (very improbable) scenario if were already in your hand
Really? I disagree there.
That's fine... you know your own skill level better than I do, and perhaps that would work for you, in terms of motor skills. But that isn't really the point. Your first impulse in the situation you've outlined seems to be to focus on the driver as a potential criminal: should you try to pull him out of the car or otherwise detain him? Would deadly force be justified if he "looked as if he was going to attempt to drive off, and looks like he may injure someone further in doing so?"

All I'm saying is that none of this is the first priority here. You're describing a situation that is not a hit and run, at the moment: it's a nasty accident with an injured pedestrian on the ground and the driver who hit her sitting in his car. It would be fine if you walked up to the car, said "Are you hurt?" and then acted accordingly. But if I'm that driver, sitting there shaking and realizing that one of my worst nightmares has just come true, and some guy comes up and tries to pull me out of the car and/or waves a gun at me, I am going to be really scared, followed by really angry. And I will be pressing charges for assault, later on.

Your priority in this situation is to help the injured and be a good witness, not to assume that it's going to develop into a situation in which deadly force is called for.
Quote:
I would argue that under Ohio law, once I saw the individual backing up in a manner that might cause further injury to the victim, I would be justified in using deadly force. I don't think the intention of the person causing injury to the other person is really the deciding factor there?
Umm... I think yelling "STOP!" and moving the victim out of the way would be a better response. It's still not a hit-and-run until the guy leaves the scene.
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