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Old September 22, 2017, 12:26 PM   #32
OldMarksman
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Join Date: June 8, 2008
Posts: 3,915
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I think it would be fairly easy to explain why that was necessary, ...
I disagree--not with a prosecutor plaintiff's attorney describing the video.

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I saw two men actively engaged in a fight that went to the ground.
..and continued while one was running away, and was stabbed repeatedly in the back.

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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.
Yep. So far, so good.

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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.
If we were to accept that kind of conjecture, many, many other violent crimes would have been deemed justified.

"Would...if given the chance" could perhaps be reasonably argued, had the stabber not been attacking the unarmed man from behind as he headed away.

The conditions of immediacy of a lethal threat and of jeopardy are weak, there. Not to mention the fact that the man on the ground is now unarmed.

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Yes, I think it is easily understandable.
Of course it was understandable. But that does not make it lawfully justified.

Mister Jerri had either not been instructed in two things, or he had forgotten them.

One is how to use an edged weapon properly, effectively, and lawfully.

The other is when one must cease to use deadly force--or force of any nature, for that matter--in an encounter involving violence or criminal action.

On the latter, once the erstwhile defender had stopped the robber from attacking anyone and had in fact disarmed him, it was incumbent upon him to withdraw.

Lawful self defense is not a martial arts competition won by a takedown. It isa serious business in which the defender may use no more force than is immediately necessary, regardless of what may have transpired in the early moments of an encounter.
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