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Old September 22, 2017, 11:34 AM   #30
Join Date: January 7, 2014
Posts: 83
I can see no way in which a defense attorney could argue with a straight face that that had been necessary.
I think it would be fairly easy to explain why that was necessary, but it all does boil down to whether or not people going to buy what you are trying to sell. There will ALWAYS be liability involved in any sort of self defense.

In this case, I never observed what I would consider a definitive attempt to escape, I saw two men actively engaged in a fight that went to the ground. I observed what appeared to be the suspected robber turn to face the good Samaritan and land some sort of a blow behind his neck a fraction of a second before the fight went to the ground, as well as swing backward at him with the knife after the good Samaritan had taken him to the ground and punched him a few times. I would consider these very strong indications that he was doing more than just trying to escape and would continue to harm the good Samaritan if given the chance.

Anybody who was ever participated in martial arts, grappling, ground fighting, or wrestling knows the feeling of having just completed a poorly executed takedown, and how easily the situation can be reversed in a matter of seconds.

From the perspective of the good Samaritan: You have just stopped a robber who was armed with both a knife and a gun. This robber was larger than you and apparently younger than you. In the process of stopping this robber he has attempted to assault you and stab you several times, succeeding at least once. After you take the robber down in a feat which was more likely pure luck, he pushes you back up, attempts to stand again, and swings the knife back at you. You are able to push him back down again but in the process slip a little bit, your flip flops sliding everywhere on the tile floor, and find yourself in an even worse technical position. Your adrenaline is free flowing, you are exhausted, you are bleeding, you are scared. There is absolutely nothing holding this man who has tried to kill you down except for your body weight, and he is still fighting against you. You manage to get ahold of the knife. You don't know where the gun is. You don't know if there are anymore knives. You don't know if the robber is as burned out as you are. You don't know anything, except that if you don't make the right decision in the next few seconds you could end up dead, as this person has more than demonstrated his willingness to kill you and doesn't have anything to lose.

Yes, I think it is easily understandable. Does it look good? No, it's prison style stabbing, but understandable in the context.

With all of that being said, I think that the initial decision to confront a robber armed with a knife and a gun with nothing but a chair was a TERRIBLE choice, and not one that I would recommend to anybody. The robber in this case appears to be a complete moron (transformers mask, the WORST weapon handling I've ever seen in a real life scenario) and it's probably the only reason our good Samaritan isn't dead.
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