View Single Post
Old August 10, 2009, 10:40 AM   #203
OldMarksman
Staff
 
Join Date: June 8, 2008
Posts: 4,022
Quote:
The situation became more than an argument when he smacked the vehicle and made threats of severe bodily harm.
Even the Texas Penal Code states explicitly that mere threats do not constitute imminent danger. So does case law in most if not all other jurisdictions (goes back centuries, by the way), but in Texas there was a perceived need to actually write that into the law.

Quote:
That's not something your average sane person does.
Completely irrelevant, I'm afraid.

Quote:
At that point I am in fear of my safety and need to prepare myself.
I agree with that (preparing yourself), but that doesn't mean you are permitted to actually point or display your gun.

In Florida, Missouri. Virginia, and a lot of other places, you can't do that until imminent danger exists and the use of the gun would be justified in lawful self defense.

In Florida, if a person is in the process of unlawfully and forcefully entering the car--that provides a presumption of justification (the presumption is rebuttable).

In Missouri, an unlawful attempt at entry would suffice, but no one I know would ever recommend interpreting someone's banging on the back window as an attempt at unlawful entry.

And "fear"? In Virginia, the “bare fear” of serious bodily injury, or even death, however well grounded, does not justify the taking of human life, and it is unlawful to point, hold or brandish any firearm in such manner as to reasonably induce fear in the mind of another unless one is engaged in excusable or justifiable self-defense.

Preparation, yes. Pointing the gun? Foolhardy, and in most places unlawful.

Consequences vary a great deal. Misdemeanor in Missouri and Virginia, much more serious in Florida where it counts here.

Prepare yourself? Good idea. Buy a newspaper and put it in your lap. Have your weapon ready in case you need it. But do not let the fellow see it.

Quote:
Obviously the Cop on scene believed it cut it because the OP wasn't arrested!
We do not know the peace officer's motivation. Maybe he didn't want the aggravation of filing two arrest reports and having to testify. Maybe he sympathized with both participants and hoped that doing nothing would not endanger his career. But in any case, he is not the decision authority.

Quote:
Let me know if you find out that he has been arrested afterwards (won't happen, I'll wager money on it).
I seriously doubt it will happen.

But we should all understand one thing very well. We've probably all heard that one should not discuss anything with the police about an incident without the benefit of counsel. Anyone who has listened to Mas Ayoob on the subject also knows to not say anything to the media.

Those warnings do not evaporate when one hears that he will not be charged. They remain valid until there has been a trial and acquittal, a pardon, the expiration of the statute of limitations, or the actor's death, whichever comes first.

Let's hope that the OP's having put this out for public consumption doesn't come around and bite him--or the "cop".
OldMarksman is offline  
 
Page generated in 0.03652 seconds with 8 queries