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Old April 27, 2013, 08:52 PM   #12
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
Yes, but FC, your quote is lacking a critical element:
Quote:
The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.
Your experience (having been both OC sprayed and tased) would no doubt strengthen the factual basis underpinning the belief. Is it necessary, strictly speaking? I'd have to go read Kentucky caselaw to answer that, but my gut says not.

As an aside, I think every LEO I've ever worked with has echoed this sentiment when the topic of OC v. Taser came up:
Quote:
Originally Posted by Fishing Cabin
I would prefer OC
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