http://www.azcentral.com/community/...le-k-killing-beer-robbery-justified-abrk.html
Your thoughts on justification. Sounds like alot of grey area...
Your thoughts on justification. Sounds like alot of grey area...
Bad shoot. Threat had broken off once perp ran off. Shooter went to car to obtain gun and then went after perp where struggle ensued. Perp could have wrestled free gun and defended himself. Then claim self defense.
Shooter is lucky - in most states he would be charged with murder.
Bad shoot. Threat had broken off once perp ran off.
I not sure the story gives us enough info to know for sure it was a bad shoot.
I can see someone going after a stranger to recover robbed property--a guy who had just slugged him with a wrench--being inclined to bring along his gun.
The story says the deceased tried to use the wrench on the citizen again during the second encounter (if we can call it that). That scenario might equate with justified lethal force depending on what exactly occurred.
I personally wouldn't chase someone just to recover some beer if that person showed an inclination to use a bludgeon. The beer just isn't worth it. BUT! I would definitely be inclined to follow the guy to identify or keep an eye on him until the cops arrive in response to my armed robbery report, in which case I would definitely have my gun.
This is not like a bar fight that escalated into lethal force, or a road-rage brandish-er that decides to leave once the victim turns out to be armed. In this case, the felony was accomplished.
I am thinking the distinction in the present case is maybe whether the robbery victim followed to get revenge, or, followed to recover his property or identify the criminal with the criminal attacking him again.
Bad shoot. The threat was fleeing. The shooter should have been carrying his piece to begin with. No reason not to in AZ. In that scenario... OK. But... 'go and get it...?" No.
The "if it isn't worth dying for" rule still applies....in the state of Arizona there is additional justification to stop certain felonies in progress; aggravated assault is definitely one of them. Additionally, we have rather broad citizen's arrest power in AZ. A felony is committed in your presence or upon you- Armed Robbery. The fact that this was simply beer is irrelevant from a legal point of view. You have the legal right to affect a citizen's arrest.
The "if it isn't worth dying for" rule still applies.
Once you get invovled in these scenarios, even though legally justified, your life is over as you know it. You don't have the job protections cops have. Depsite being a good guy, law enforcement won't like you playing cop. You are open to civil suits. A citizen's arrest by you can result in you being prosecuted for kidnapping. Unless your life (or the life of someone you're willing to die for) is at risk, the better course would be to call 911 and be a good witness.
Fred