Had To Draw Down This Morning!

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Glad you're OK and you did right by breaking leather. However, if the other guy went and told the first cop he saw, "that guy pulled a gun on me"...

You might've had some 'splainin' to do. A complete monday morning arm chair quarterback observation.

I think I'd want my name in the "Complaintant" box and not the "subject" box if any thing came of it.

+1 for the good guys.
 
Some of your fellers must be from "duty to retreat" states. If it is a crime or not to draw on a man who is behaving in a threatening manner is somewhat situational (have you other options with a good chance of safety?) -- but it is also governed by state law.

In Indiana, case-law since the 1800s supported the right to self-defense even in public settings, though subsequent decisions suggested disparity of force was also a factor; recent legislative action has made "no duty to retreat" quite explicit. So where I live, in WA's situation, it would be no crime at all for me to draw and aim.

Drive for a couple of hours to IL and play out the exact same scene, and I'd be committing multiple felonies -- against a poor innocent victim of circumstance.

You really have to know what the rules are before sharing your well-thought advice. Wiki tells us Alaska is considering a "stand your ground" law. Working only from news reports, it appears that if one is cornered outside one's home, armed self-defense is legal in Alaska.
 
Wild

Late to the thread but:

I hope this will not be something to come back and haunt you. The guy knows your car, has seen you etc., etc..

I believe you need to tell a few police in the area and have them be alert for this guy.
I am not sure if police frequent your location, but I think you should have called them when it happened. Not 911 though. Call and mention the problem, tell them you pack and are now more concerned then ever.

Maybe you felt insecure in your right to have pulled a weapon. I am sure many thoughts went through your head.
I would not allow myself to become secure with this as of yet.

Awareness is the key now. IMHO

HQ
 
My Two Cents Worth Adjusted for Inflation

I'll admit that I've just scanned most of these comments, including the original post, so I'm probably being redundant and saying something that someone has already said here before me. Nevertheless, I'd recommend contacting the police because there's a real tendency in police work to believe the first person who reports such an incident and it's not all that unusual for a bad guy to try and cover his ass by reporting that you pulled a gun on him for no good reason just in case he's ever identified.

Reporting the matter will also give the police the information necessary to increase their routine patrols in an area where some innocent person might otherwise become a potential victim. They can't solve problems they don't know about!

Final comment: The original post was so well written that the author may have missed his calling as a writer. It's far superior to anything that's ever seen written up in a police report, but, again, someone mentioned something called a "BS meter"?
 
To those advocating "duty to retreat"

please re-read his original post. He said:

on the left an empty space, then a car, the front of the car up against the wall of my building. ... I backpedal and run into the car next to me on the left...so Im trapped (really no place to go anyway but forward)...
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Duty to retreat or not: HE COULDN'T! This point should never have come up, since he stated from the beginning that he could not retreat. End of discussion before it should have even been mentioned.

It really ticks me off when people pop off with opinions without bothering to read the original post.
__________

symr00 -

You're relatively new here, so probably haven't read much of WA's previous posts, and so don't know much about him, but if you had read the entire thread, you would have caught Dwight55s comment (post #21) that WA is at least 30 years older than most streetfighting mugging perps of the type originally portrayed.

WA also stated in the first post, second paragraph ...
he wasnt showing a weapon but he was huge and on something and while I feel I can handle myself (despite my advancing years, pot belly and wimpy size) . . . and was basically UNABLE to retreat (I was backed into a car)
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and, third paragraph
... and despite of the fact that I look like a runty ungroomed rabbi, for some reason (or so I am told by my coworkers) I look either crazy or (as one guy told me) a "grandpa with an attitude"...
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So yeah, from the above two selections, WA is small ("runty") and older ("advancing years" and "grandpa"). (No offense intended, WA.)

Older = less able to flee. Smaller = less able to fight. Duty to retreat = discussed above.


CPAdonerantingfornowSPR
 
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Wild, seems to be a few differents opinions on how you handled your situation. But, you know what? I just doesn't matter. It does matter however that you are safe and unhurt. I think most people would have done the same. Others should put themselves in your shoes before they comment.
 
Well my weekend wasn't as adrenalin-filled as WA's, but it was busy nonetheless. Heres the weird part. I was getting home a few minutes before WA's incident, and I saw the person (or someone who matched taht description) walking down the street trying to flag down traffic. He was quite large.

Knowing that size disparity, and given the cornered scenario, about the only other thing i could think of that WA could have done is maybe give him a faceful of light. Thats what the offhand is for, especially when drawing out a peashooter.

spacemannomylovelifewasntbadthatnightiwasworkingattheravespiff
 
sounds like you handled it well. so here is my question

where can i go to look and see where is is legal to OC i looked on packing.org but didn't see anyhting on OC, i would rather CC but nebraska dosen't have yet supposed to pass 1/1/07.


and also where can i go to find out the legalities on drawing my weapon when it is acceptable

thanks for the help guys
 
just catching up on this thread and i don't have much else to offer, but glad you're alright and that it worked out without either of you getting more than a scare. whether this guy who would attack a stranger deserves to wander the streets another day is open to debate, but as you noted, it's good you didn't need to go through the hassle of shooting.
 
about the only other thing i could think of that WA could have done is maybe give him a faceful of light. Thats what the offhand is for, especially when drawing out a peashooter.
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I didnt have my light unfortunately, however, after working a few concerts where the youths are doped up, the lights really wouldnt stop a drugged out freakazoid.

Unless I use the 500 Lumen M6 :)

WildimissmyspiffhesalwaysoutpartyingwithoutmeAlaska
 
True it might not have stopped him but it would have bought you an extra second. Then again, he wouldn't have seen the muzzle of your gun and might have taken that extra two steps.

spacemani'monthewagonnomorepartyingformeforatleast3or4daysspiff

p.s. spacemantherestwoconcertsnextmonthAvenged7foldandKillswitchengagebothatEgancenternextraveisAug25spiff

p.p.s spacemanifyouwanttoworkthetrappercreekbluegrassletmeknowidontwanttovolunteertodoitwithoutafriendlyfaceonhandspiff
 
OC is always a good thing to have. Here in AZ Harold Fish was walking in the woods when 3 dogs starting to charge him. He fired a warning shot and the dogs fled. The dog handler charged at Fish threatening to kill him. Fish fired three times, killing the handler. The bottom line is that a jury convicted him of second degree murder. To me it seemed like a cut and dry case of self defense.
 
That's why I mentioned if he is an older gentleman and feared for his life then I appologize. But pulling out a gun on an unarmed person coming at you aggressively or just looking to kick your ass is a crime. That's the law here in AZ. Maybe in CA and AK it's different.
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Uh, not quite right. If you brandish a weapon and you are not in fear of your life, you may be arrested for assault. That was not the case here, and assault, brandishing, threatening and intimidating, disorderly conduct, etc. etc would not be applicable.

Just glad you’re OK, Ken.

Denny
 
Thanks Denny and to all who wished me well...

I want to emphasize (and all this was going through my mind as it was happening) that I honestly was trapped and this guy did not look "normal".....I know from long experience (and you cops out there can do this too) what someone looks like under the influence and this guy WAS under the influence...coupled with his aggressive behavior and I honestly beleive that I was going to be subjected to unlawful physical force...dont forget too I was in MY parking lot...

Alaska stutes provide that you can used deadly force "he person reasonably believes the use of deadly force is necessary for self defense against death, serious physical injury, kidnapping, sexual assault in the first degree, sexual assault in the second degree, or robbery in any degree."...Contrast that to places where deadly force is only authoirzed to meet deadly force (like NY)

Heres Alaskas definition of serious injury:

(A)physical injury caused by an act performed under circumstances that create a substantial risk of death; or

(B) physical injury that causes serious and protracted disfigurement, protracted impairment of health, protracted loss or impairment of the function of a body member or organ, or that unlawfully terminates a pregnancy;

One punch from this guy or more than one would have been serious.....

WildalivealiveAlaska
 
Wild

Time to take a few TKD classes, learn to scream and kick high, when he is 20 feet away from you.
If he continues to come at you just shoot him. Hey, is'nt that why you carry, to shoot?:D
If you are not going to shoot um, don't carry.;)

Or you can go down and get counceling on why we need to be a kinder and gentler Nation. That might change your attitude.
Or after they tell you how many people are actually victim's you just might shoot quicker:D

I know it is really against your religion. I am just kidding, Sick cop.:cool:

HQ
 
Boy wild is full of stories.

The guy is definitly living on the edge.;)

Need some serious physcial exercise and fighting abilities, so you will be able to sleep better and not go to work so early, (dark).

HQ
 
CW04 said:
A call to the police should have been made. The aggressor should have been reported. You did good protecting yourself, but what about the next person he meets - what if it was a 12 year old girl or a 75 year old man? Next time, before you call spiffy, please report it to the police - let them decide what to do or not do.
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I know I'm late to this thread, and haven't read the intervening posts yet, but, I want to offer to CW04 that a large part of the ambivalence that many of us civvies would have about calling the police is the crapshoot we engage in regarding whether we end up with a cop who is prosecutorially hostile to our right to carry guns, and use them for personal defense.

In other words, we could easily end up with a cop who decides he has a need to slap the cuffs on us, because well, we just admitted to aggravated assault with a firearm! :barf:

It's tempting to just keep yer yap shut and count yerself lucky that you had what you needed to avert being harmed by some psycho dude. If he never goes and swears out a complaint against you (another gamble) you're in the clear. But then, while some advocate being the first to contact the police about a righteous use of your firearm because it gives you the legitimacy (even if it's just a display: obviously if you fired you'd call the cops, I would think), there is danger that the cop who responds will be all "Massachusetts" on ya. :mad:

-azurefly
 
"He also could have been looking to rob/rape or kill someone and after he left your home, looked for a better victim. Calling the cops may have stopped him from hurting another person."

Because they could charge him with what, walking at someone in a parking lot?
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Well, I was thinking that if he called the cops on the bruiser, and the cops caught up with him, they would probably be able to size up -- as cops can -- whether the guy was off-kilter and dangerous or not, and if he was, they could probably have easily nudged him into giving them the reason to haul him in. Anyway, I've seen that kind of thing happen enough on "COPS." :D

I just am giving credit to cops being able to make an assessment of a large, potentially-dangerous vagrant type and determining if leaving him to wander might end up endangering further innocents who may either be less prepared than WA or less cool-under-pressure.

-azurefly
 
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