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Originally Posted by lcpiper
They were all over him pretty viciously. They only stopped when the woman came out with the gun. She shouldn't have given it to the guy, he was certainly going to be in a worked up state at this point. She should have just run them off to end the fight.
He was wrong in firing it but after the way they jumped on him it would be hard to see him use any restraint. Even if he did hit the driver, their response was over the top because he didn't continue to attack him.
Being the aggressor and hitting someone certainly means he is guilty of Battery, but it isn't an open door to retaliate in this manner. It's only self defense if the attack continues, it didn't. Two wrongs ....
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Absolutely wrong.
He attacked them.
Their response is self-defense. They had stopped and backed off. They did not continue to pummel him. They reasonably ended the threat and stopped attacking.
He responds with a gun.
He initiated the attack, he is the aggressor. The aggressor can't decide that he doesn't like victims who fight back and then decide to escalate the attack.
If you punch someone and they punch back, can you attack them with a knife? If the aggressor draws a knife and the defender draws a gun, is the aggressor LAWFULLY "defending" himself if he also draws a gun?
I'm amazed that this is even a question. The guy with the gun over-reacted from the very beginning of this situation. He followed those kids for
40 MINUTES.
40 MINUTES! Over a perceived TRAFFIC VIOLATION!
Then he went past them and CAME BACK!
Then he ATTACKED the driver.
The driver and his friend defended the driver. Remember, self defense is defense of others too.
If a mugger attacks someone and the victim's friends come and help him, can the mugger start shooting people and claim self defense?
Insanity!