[eka]

RWK

In Virginia, citizens are held to the same standard as LEOs for the most part when applying deadly force. There has to be an immediate threat of being killed or very seriously injured. This can be a threat to you or another person present. At any time the threat no longer exists at this level, you cannot continue to apply a deadly force response. In Virginia, a citizen can effect a citizen's arrest for a felony commited in their presence. The citizen can use whatever force deemed reasonable to take the citizen into custody and hold them for the police. This force can merely be telling the guy to sit down and wait until the police arrive, to using deadly force in return for his use of deadly force in resistance to your attempt to arrest him. Now, is this used often by citizens, NO. But, it is legal. It would not be the route that I would most likely take if I were a citizen in that situation. I would apply deadly force in defense of myself or others, but once the guy tried to flee, I would try to get the best possible description of him, his vehicle (tag), and try to determine his direction of travel. If the guy is bringing the fight to you, I think it would be harder for him to win a lawsuit against you, than if he sued you for excessive force in trying to prevent him from escaping. Remember, he doesn't have to be right, he just has to convince a court that he is.
Take care,