Chasing theft suspects and shooting them...

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Mokumbear

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There was news from the other night that two thieves stole two
motorcycles about 3am from a motorcycle shop.
This occurred in South Florida.

The owner pursued them several miles to the next town.
When he caught up with them, he shot one and the suspect is in critical condition.

I am really not clear on this.
I thought shooting a suspect in retreat was frowned upon.

Not wanting to spend years in jail, I believe in confronting imminent life threatening danger aggressively, that seems plausible.
Other than that and I think you are on shaky ground.

When the suspects are fleeing, I personally think it best to call the
police and rely on your insurance to cover the motorcycle.
(It was badly damaged in the crash after the shooting anyway)

What's your opinion on all of this?

I also think that even if you aren't criminally convicted, you still may
face a financially devastating civil suit.
 
IIRC it is legal to shoot a felon, even if they are running away, in Texas. I dont know about Fl.

Here in NJ, the good guy would be going to prison and the BG will win in court, win everything the good guy worked hard for.
 
Grizz is at least partially correct - I don't know the laws of the States he chose, but the laws do vary from state to state.

Use of Force laws vary on when and how much.

I would suspect in many states chasing someone to the next town will bring a host of legal issues. One could assume speeding, reckless driving and the like might be just the tip of the iceberg.

Whether there was a confrontation when he caught up with them also may not matter. Between "higher standard of care" and chasing after them, he'd be hard pressed to claim fear for his life. Luckily it was FLA with their Stand Your Ground laws, but it still may be an uphill climb.
 
GIVEN:

Thief steals your car.
You pursue (in wife's car) until thief is forced over to roadside.

Both you and thief exit the two cars.
Thief advances on you with tire iron in hand....
You shoot him.

ASSUMED:

- You were entirely within the law in pursuing the thief.
- You did not shoot the thief until he advanced upon you w/ tire iron.

QUESTION:

By pursuing the thief at all, are you presumed guilty of instigating the
shooting -- even though it was his subsequent choice to attack you?
[Inquiring minds want to know]


.
 
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You're questioning one of your own assumptions.

- You were entirely within the law in pursuing the thief.
Click to expand...

You're also missing a few givens- for example - given the legal paradigm of the state (Stand Your Ground, Castle Doctrine, Duty to Retreat) - If you have a Duty to Retreat it would be difficult to explain how you, in a running car, couldn't retreat from a guy you had been chasing, now on foot with a tire iron.
 
OK...

As far as I know (someone tell me otherwise), there is no law against chasing a thief.

Nor is there a law requiring you to retreat from a thief who is in the very process of grand larceny.
(ditto above, else why not lie down and die at this point? It's open season.)

Corollary: Man walks up to you at a gas station with a tire iron and says "give me your car
or I will cave your head in/break your arm". Do you have a DUTY then to give him your car?

Parallel: You are in the presence of your car and the thief (now getting out of said car)
effectively says "...leave me with your car or I will cave your head in/break your arm."
Do you have a DUTY then to give him your car?
 
This is pointless.

We have limited information in the OP's post. We have a couple of news articles, also with limited information. And the event continues under investigation.

There's nothing to discuss here.
 
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