Where was the threat ?

[mete]

Here's a bizarre story. Not too much detail but where was the threat ? www.foxnews.com/story/0,2933,199610,00.html

[HangFire83]

I am embarassed to live 20 minutes away from where this happened.

[Shaun]

not even the police can shoot at a fleeing suspect....hope that genius gets a nice jail sentence.

[Samurai]

Curious... The news article says that the shooter was released upon further police investigation... I do not think that the news article told us the "whole story."

Now, the real question, and one that could bring this thread into the realm of "tactics and training," is as follows: Speculate for us. What could the naked man have done which might justify the guy to take a shot at him? My immediate speculation was that perhaps the naked guy had run towards the couple, or perhaps that the naked guy had thrown something at the couple, trying to distract them while he ran away???

Thoughts, people... What could have justified this?

[18DAI]

In NC, unless the man had a weapon, or was larger than the potential victim, and the potential victim was in fear for his life, or great bodily harm or sexual assault, No justification to shoot. The fact that this mope was running away, removes the threat and all justification to shoot. Regards 18DAI.

[Samurai]

I wonder if the police thought that a big naked guy bursting from the bushes in the middle of the night was sufficient to place a "reasonable person in imminent apprehension of death or serious bodily injury."

The news story said that the naked guy didn't want to pursue charges, and that's probably why the cops dropped it. Still, it's the DA's call whether to pursue charges, not the cops or the victim. This is a weird case...

[hispeed6]

Fools like this make it hard on the rest of us...

[marlboroman84]

The news story said that the naked guy didn't want to pursue charges, and that's probably why the cops dropped it. Still, it's the DA's call whether to pursue charges, not the cops or the victim. This is a weird case...

In all actuality though if the victim doesn't want to press charges the only things the DA could really prosecute on would be things like discharging a firearm in city limits,carrying a concealed weapon (which is void if the guy had a permit anyway), brandishing,little things like that. Which could add up to some nice fines maybe a little jail sentence, but all misdeameanors (sp?) anyway. Usually unless it's a very small area if a victim doesn't want to press charges the DA will just drop it because whats the point of going to trial with no witness? This guy probably got real lucky, even luckier he didn't kill the guy. Never leave the house naked apparently.

[psycho nut]

Apparently that guy really doesn't like streakers.

Did the guy hit him? To me it sounded like he startled the guy and he fell down.

[Blackwater OPS]

CLEARLY unarmed man running away does not justify deadly force. Warning shots are dangerous and foolish as well. That said, it's entirely possible that while chasing the guy through the brush the CCW guy had an AD.

Also, I would have drawn on him as well, and I would have chased him, a guy doing that could be a sexual predator, let him go and his next victim could be a child who gets more than an eyefull.

[jlwman]

Bet he's not getting married now.

[choover]

In all actuality though if the victim doesn't want to press charges the only things the DA could really prosecute on would be things like discharging a firearm in city limits,carrying a concealed weapon (which is void if the guy had a permit anyway), brandishing,little things like that.

I think this is incorrect, I think the DAs have a little more power than that. Just like a domestic violence, the victim no longer has to press charges, the state can press charges on their behalf, with or without their consent.

[marlboroman84]

You may be correct Choover. I'm not positive enough on it to argue that point I know some of the stuff just from personal experiences and experiences of friends and family that there are certain times where if the victim doesn't want to press charges then the DA either can't or won't pursue due to a lack of help from the victim. It's hard to win a trial alot of times even with really good proof and witnesses, but if the victim doesn't want to pursue it, then the DA may not pursue it either. Unless it is a rather large felony.

[choover]

I hope this is a case they pursue to the fullest, crap like this makes it harder for people to justifiably defend themselves.....though even naked I could possibly be percieved as carrying a "Weapon"

[Rainbow Six]

not even the police can shoot at a fleeing suspect....hope that genius gets a nice jail sentence.

Depends on several factors. Some fleeing suspects can be shot... either by Police or a civilian Edit to add... *NOT* this one, however... In my opinion.

[Rainbow Six]

I think this is incorrect, I think the DAs have a little more power than that. Just like a domestic violence, the victim no longer has to press charges, the state can press charges on their behalf, with or without their consent

They can present the case to the Grand Jury and indict, but when the victim either doesn't show, or comes to court and says he does not wish to prosecute the case is over. 13 years of LE experience has taught me NOT to bother with an arrest if the victim on the scene says they don't want to prosecute. The only exception is a DV case where I can articulate that I felt the victim refused to prosecute due to being intimidated by or scared of the offender. In that case I will make the collar and prosecute on the vic's belaf and against his/her will, "in his/her best interest"... but even then when he/she comes to court, or refuses to my case is thrown out. It's sad, but true...

Edit to add: And with the case load of most DA's offices these days with willing victims it's FAR from rare to see stuff like this dropped/not prosecuted. You'd probably be surprised at some of the stuff that never gets prosecuted.