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Old August 12, 2017, 08:49 PM   #83
OldMarksman
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Join Date: June 8, 2008
Posts: 3,607
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Do you really need to see every last second of that interaction to known who's right and who's wrong?
It is essential to know enough to be able to identify which participant instigated the fight. The instigator would not be justified in the use of deadly force unless he had clearly communicated his desire to break off the altercation or had actually stopped fighting, and a third party would therefore not be lawfully ustified in the use of deadly force to protect the instigator.

That's the law in Texas and in almost all other states.

The video seems to show us enough to decide (though we do not know what may have taken place beforehand), but the question is one of whether our well-meaning third party would have seen enough.

A major problem with third party intervention is that what may seem to be the case may not.

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Actually if you see someone with his arms covered while being stomped repeatedly I doubt you need to wait anymore.
Unless you knew what had transpired before that moment, that might not be sufficient. Had the person covering himself with his arms actually ceased to attempt to fight the other person? That would be a judgment call. you won't find mae risking my entire future on that judgment.

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I mean it takes an idiot not to see it's a unjustified attack.
So it seems, from the video. Would the third party have seen enough to so judge? Would he know enough to be able to justify the lawful use of deadly force?
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The guy was not fighting back at all.
So it might appear. But was that really the case? Ever hear of the "rope-a-dope"?

We think that the video shows that the robber started the altercation without prior provocation, and we are most probably right.

But would someone else who happened to be in the gas station at the time have seen enough from the beginning to reasonably conclude the same thing?

I doubt that I would have, and I'm pretty observant, and I'm very attuned to happenings in such places.

As related on this forum before, I did stop a robbery in a store once. But the situation unfolded in a manner far less tumultuous than the one at hand here.

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As others have noted the continuing the attack against a "defenseless" and unarmed combatant is likely enough for third party intervention.
If, and only if, all of the stars are in perfect alignment. "Likely enough" doesn't cut it.
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