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Old November 26, 2008, 02:33 PM   #11
Sparks2112
Senior Member
 
Join Date: July 3, 2008
Location: Cincinnati, Ohio
Posts: 479
Quote:
Sounds like you did everything just about as I would have. I mean really, if you were lost at 11:30 at night would you pull into a WalMart and approach someone out in the parking lot to ask for directions? No, this guy was sizing you up. If he had gotten close enough & decided that you weren't a threat to him, something *would* have happened.
Kind of the feeling I had.

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Some might say that you should have reported the incident, but I probably wouldn't have. When LEO showed up, he would have wanted an accurate description of the guy & his vehicle. I've been in a similar situation several times & about the only thing I could have identified in a lineup would be the guy's hands. This scenario would have been a waste of 20-60 minutes of everyone's time (depending on how long it took to get a LEO on the scene), although it might have made it easy for them to finger the guy trying to hold someone up at another location.
Honestly the main reason I didn't was because I didn't want to add any stress onto my wife which may or may not have affected the baby. As it was she had NO IDEA how serious that situation actually was. Her only comment was "That was kind of odd huh?".

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Another reason to report is that HE may have reported YOU. I would think that he didn't actually SEE your gun, but that wouldn't stop him from saying that you pulled one on him. In which case, you might have had several police cars surround you & run you into a curb while on your way home. It wouldn't have been until AFTER they got you & your wife out of the car & face down on the asphalt at gunpoint that you could have told your side of the story. In the latter scenario, it would have been a LONG night.
He hadn't seen which car was ours before he left. So I felt pretty ok.

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Depending on local attitude and even though you didn't "brandish" your weapon, just preparing to might have been frowned upon (if he had continued his approach, you would have had no choice but to draw & you had not identified that he was armed). I know, it gets sticky no matter what you do/did/would do.
The nice thing about being with a 5 1/2 month pregnant woman in Ohio which recognizes the life of the fetus is that not only does your duty to retreat becomes almost non-existant, you can assume pretty much anybody poses a deadly threat to the unborn child.

Not only that, this guy was 6'5" 300-350 lbs +. I'm a big guy and he made me feel small, so, I think unarmed a jury would have still considered him a deadly threat even if I was on my own.

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Again, I think that you did what any reasonable person would have done.
Thanks!
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