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Old September 21, 2011, 10:39 AM   #51
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I've been taught that justification requires certain elements. The names may change, but the basic ideas (per Massad Ayoob) are:

Ability - the BG must have the ability to inflict death or great bodily harm;

Opportunity - the BG must be in a position where you could reasonably believe he could employ the aforesaid ability; and

Jeopardy - the BG must show manifest intent, via words or actions, that he intends to inflict death or great bodily harm.

In this case, the BG was running away. I don't think Jeopardy was in evidence, so I think it was a bad shoot.
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Old September 21, 2011, 02:14 PM   #52
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Tangential to te thread but it has already been established that a man armed with a knife can, from a standstill, deliver a mortal wound to a target 21' away in 2-3 seconds. Technically an assailant with a knife is a threat, period.

This particular shooting looks bad though.
As MLeake noted, no intent or jeopardy. So the fact that he had a knife really isn't justification. If it takes 2-3 seconds from 21' with the guy running toward you, then how long does it take with the guy running away from you before he gets to you?

So the intent was lacking for using the knife and with each step, the opportunity to use it was diminishing.

FYI, the time is closer to 1.5 seconds from 21 feet. Even a slow, middleaged guy like me can cover the distance in less than 2 seconds.

See Tueller Drill for more specifics on the timing and distance.
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