Prove it. The guy is still just mouthing away. No particularly threatening gestures, no weapons, etc. Girlfriend in court: "Your Honor, I don't know why that horrible man shot my boyfriend. He had just gotten out of the car and was going over to apologize for being rude -OR- He had just gotten out of the car to find out why that horrible man kept staring at us and making obscene gestures." etc.
"keep looking you **** I will come out there and beat the **** out of you."
Followed by the guy getting out of the car and coming toward you. All the proof I need.
I certainly hope you can fight with the young bucks David. With your thinking pattern in this scenario you are going to need to. BTW Why would you retreat if you didn't consider this guy a threat? He's just coming to apologize right?
Using that criteria you need to start shooting everyone who walks by you and mutters anything bad about you.
It was satire. I used it to explain that unless this BG didn't have the physical ability to defeat you, that they posed a threat of death or great bodily injury. As you are acutely aware in this scenario I said that I would retreat first. That means the BD would have to pursue me after threatening to beat the crap out of me. Thats hardly just "muttering" something bad and walking by.
Exactly. And simple threats (which is all we have here) do not justify lethal force.
Again re read the thread. A threat followed by an action to execute threat. Followed by a chase.
Savvy to me indicates trying to avoid a fight when possible
As most have agreed already.....including me.
Prove it. The guy is still just mouthing away. No particularly threatening gestures, no weapons, etc. Girlfriend in court: "Your Honor, I don't know why that horrible man shot my boyfriend. He had just gotten out of the car and was going over to apologize for being rude -OR- He had just gotten out of the car to find out why that horrible man kept staring at us and making obscene gestures." etc.
Again if this quote doesn't suggest that you are going to wait until punches are thrown I must be reading it wrong. Waiting for escalation is not tactically sound IMO.
Uh, no, there is no legal doctrine that supports that conclusion.
It can and will be argued legally if it was necessary to defend yourself in court. I will instruct my lawyer to use it as a defense in court. I will trust the jury to understand that anyone who is willing to risk death to attack you was themselves willing to kill you.