New York (2014): the victim of an attempted carjacking was arrested and a Grand Jury indicted him in the shooting deaths of the two men who had attempted a carjacking.
Facts per news report.
Pierre was parked in his car waiting to get food. Two men (Lewis and Johnson) got into his car (armed) and attempted a carjacking. Pierre fought back. The two car jackers fled on foot running a block-and-a-half and getting into their own car (Johnson’s car).
Pierre followed suspect carjackers to their car and shot both of them (firing 13 shots and killing them).
Lessons as applied to California:
- The deadly force danger of the armed carjacking attempt had ended when the bad guys ran away.
- The original victim became the “perpetrator” when he chased down the carjackers and shot them.
- Assuming that you are a CCW holder, you are NOT a police officer. Some may be inclined to counter argue that Pierre was pursuing a “fleeing felon”. Fact: that is a dangerous proposition. California jury instructions even advise that the standards are not clear.
- California Jury instructions provide:
“3474. Danger No Longer Exists or Attacker Disabled
The right to use force in (self-defense/ [or] defense of another) continues only as long as the danger exists or reasonably appears to exist. [When the attacker (withdraws/ [or] no longer appears capable of inflicting any injury), then the right to use force ends.]”
- Learn to discipline that “switch” in your head to know when it is time to stop. You may personally disagree with the legal answer. Too bad. Get over it. Facing the reality of your actions when your life is later being flushed down the toilet is too late. You will wish you had learned the rules in advance.
- Practice “what if” scenarios (as above) and apply the law to the facts.
Source of original news story: http://bxnewsnet.blogspot.com/2014/05/gunning-down-carjackers.html