[DNK]

Soldier, I think "the rules of engagement would appear to be clear that the guy receiving a kicking was on [not] going to die from it and that lethal force, therefore, would be unjustified" is assuming quite a bit. In hindsight it might appear that, because the guy walked away from it (with a broken collar bone and jaw), deadly force wasn't applied against him. I would say that guy's guardian angel was working overtime. One hard kick in the throat, temple or behind the ear and the guy could easily have suffered brain damage or death. If you're shot and don't die, was that an absence of deadly force?

That being said I think there are a lot of other variables here. Nevada law has a lot to say about justifiable homicide including:

NRS 200.200 Killing in self-defense. If a person kills another in self-defense, it must appear that:

1. The danger was so urgent and pressing that, in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary; and

2. The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.

Perception and reasonableness are also both important here (as always). So is accuracy, shooting one of the punks who's just watching or one who punched and ran will probably land you in the pokey. Bottom line is that you have to be able to justify your actions, to a jury if necessary.

I think these kind of real world scenarios are great because they make the law abiding owners think about their engagement parameters of who what, when, where, why and how. Much like the decision to eject from an aircraft, you want to have all these parameters figured out before hand and not waste precious seconds thinking should I or shouldn't I, as you're packing it in. As long as people know what their parameters are for using their weapon, that's the important thing and that's a personal decision.

This story is still unfolding and these thugs are accused of even more crimes. The LV RJ reported:

-Beating, robbery of woman at a Wal-Mart in North LV 2 hrs prior to MGM attack. Beating, robbery of man at a Travelodge 1/2 hr after MGM attack

-24 hrs later, four attacks around Vegas Dr. and Tenaya Wy. Robbery of Green Valley Grocery - 7951 Vegas Dr., nearby beating, robbery of a couple in Pioneer Park, and a shooting there.

I guess one of them either already had or acquired a gun somewhere along the line. Maybe a responsible CCW holder in any of these incidents could've stopped one or more of these crimes, maybe not.