Concerns about Carry

I saw some evidence that Mr. Fish had incompetent representation. His shysters seemed to have no idea how to present a self defense case. For one thing the assailant had a screwdriver, which the "homeless" often carry because it's an effective thrusting weapon without being a weapon in the eyes of the law. After being attacked by the deceased's dogs and having to draw his pistol, was he supposed to allow the the obviously enraged crazy man to grab the gun and contend with him for posession of it, or turn around to run and get the screwdriver in the back? Firing warning shots at the dogs was a mistake- he should have shot them. A dog is a deadly weapon when applied as such, and we are all taught that warning shots are not an option. Given that I have sacro-lumbar arthritis, no more cartilage in my knees, and my big toes are fused I couldn't outrun a drunk on a pogo stick. "Retreat" is not an option for me beyond backing up a few steps to give me some room to draw. Harold Fish was screwed by a persecuting shyster who based his decisions on the demands of a bunch of college hippies, and incompetent shysters who had no idea how to defend an innocent man.
 
I do a lot of hiking deep in the woods of northeastern PA, usually to where the trails peter out and then there is just forest. Sometimes, I will find some weird kind of folks at the parking areas, or a little ways into the woods, sometimes I find some weird folks deep in. My dog has been attacked by another hiker's dog once. After that incident, I started carrying bear spray (a large canister of pepper spray) that rides in a "holster" type device that is held in place by light straps that go around my shoulders. The canister is positioned at the middle of my chest so that it can be fired from that spot, or quickly removed from the harness and held in my hands. I also carry a pistol. I can say, having gone through the situaiton where my own dog was bitten by another hiker's dog, that even if I'd had the pistol back then, I would not have shot another person's dog. Maybe if it was lunging at me, but to shoot someone's dog only escalates the whole situation. I've also heard that shooting dogs is not so effective at stopping them unless you hit the brain, and of course, you need to be certain you will not hit your own dog at the same time through a missed shot or overpenetration, etc. So, the bear spray is a good optrion, but again, you need to avoid squirting your own dog.

ANYWAY, if I came up on this same "crazed mountain man/homeless man" with his dogs and his screwdriver, etc, I'd deploy the pepper spay as a first line defense and only draw the pistol if the situation was not contained by the pepper spray. Everyone knows that pepper spray is not totally effective and may just make a drug-crazed person angrier, but then, hey, there you go, he's angry, not stopped by sub-lethal force, intent, opportunity, ability, etc. Shooting warning shots is a waste of ammo. Shooting someone's dogs is a very good way to make an angry, irrational person even angrier and thinking even less clearly.
 
gvf
Your fears are misplaced. However, when one chooses to carry one must assume a certain risk.

Fish got railroaded by an anti-gun D.A. who decided to make an example of him. AZ law does not require retreat. Until the Fish case however, the burden of proving the shooting was justified laid with the defendant. Now, the law has been changed so that the state must prove the shooting was not justified (duh). A bill was passed and made it to the governor's desk that would have led to a review of Fish's case (and a few others), but she refused to sign it. Mr. Fish should have had better representation as a good attorney with firearms/2A exprience could have better countered the prosecution's contentions that; Mr Fish carried a weapon that was more powerful than law enforcement carried (10mm) so he was looking to kill; that he carried hollowpoints because they are designed to kill. There are many in the state working to help Fish. Hopefully justice will be served.

But, remember he is the exception not the rule.
 
The fact that hollow points are used as a negative by DAs is why I use Winchester Ranger T ammo in most of my handguns.Its a great round and I would love to here a DA bad mouth ammo designed for police use.People of the jury he used deadly hollow points designed for cop use only!!Only police are allowed to have deadly bullets so he is a killer!!haha.only draw back is I cant by them at the local gun shop.
 
GVF,

For every incident like the Fish case - there are hundreds of incidents where the prescence of a CCW has saved many people's lives.

http://www.pulpless.com/gunclock/framedex.html

This is the gun defense clock which tracks how many AMERICAN gun owners have stopped a criminal attack with a gun.

So push your fears away.

But do get a good attorney on retainer. So just in case an incident like the above happens (Fish case) - start out with - I want to speak to my attorney.

A lot of people fail to point this out when studying this case. If Fish had clammed up and invoked his right to counsel in the first place - he would not be in this situation.
 
Let me share what my attorney has on the back of his business card:
He recommends that no matter what the circumstances are, you say this to the police when they arrive.
"I refuse to consent to any search whatsoever. As such, I do not consent to a search of my premises, my person, my immediate location or any vehicle or effects. I hereby exercise my rights as enumerated by the Fourth, Fifth, Sixth, Ninth and Fourteenth Amendments to the United States Constitution and Article Two of the Arizona Constitution. I demand to have my attorney present prior to and throughout any questioning at all. Additionally, I wish to consult with my attorney prior to any discussion with law enforcement officers on the subject of waiver."

IMO, this is the best course of action when involved in a confrontation. The less said, the better. It is another reason why you should play out scenarios in your mind, "what if" including what you say before, during and after the confrontation.
 
Thanks All!

Thanks for very helpful advice - (I wonder if Fish contacted his attorney before questioning.....)
 
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