Quote:
Originally Posted by pax
"Feeling" you are in danger does not justify using any level of force, let alone lethal force. Reasonably believing you are in danger does.
The two are not synonymous.
For all practical (and, in the context of this discussion) legal purposes, they ARE synonymous.
I have to agree with pax here, as I don't think you completely grasped what she was saying. The discrepancy was not between using "feel" and "believe";
it was the idea of
reasonably believing that you are in danger. Someone who is operating under what society and the general public (that a jury may be composed of) believe to be a REASONABLE belief is acting rationally and understandably. Someone who is acting upon their emotions may or may not act in accordance with what society perceives as appropriate behavior, as people's emotions about very similar things can vary wildly between individuals, in direct contrast to what is reasonable or rational/logical.
"Reasonable" is a useful tool that is very commonly used in all levels of litigation, prosecution, and legislation. I would be quite surprised if you found the word "Feel" anywhere in there.
To the OP: I believe this individual gave you Reasonable Suspicion to the point that you were justified in confronting him. I would have turned, looked him dead in the eye and told him (just like pax said) in a stern and loud tone, "Stop. Don't come any closer to me." If he came any closer, I'd have gone through my unlock codes...
1. Distance, eyes, surroundings, intent...
2. Where are his hands?
3. Does he have a weapon?
4. How big is he, does he carry himself well, strength, speed, BMI?
5. Assess course of action...
This should take about a second before you decide how to act, but you should NEVER turn your back or CONTINUE TO PRESENT your back to a person of which you are suspicious. If they have given you reason to feel threatened or suspicious, you have every right to confront that person and "get to the bottom of it". It could be a complete mis-understanding, or it could be that you need to defend your life and quickly. That is the particular chance that I'll not be taking by ignoring them.
If you made a quick get-away, then I'd say you handled it fine. If this guy what close enough to lunge at you with a weapon you hadn't seen previously, and you had your back turned to walk away, I'd call you very lucky and ask you to never do that again. As for pulling your gun... well, now you know the value of having it "readily accessable". You should almost never pull until you've confronted or been confronted. And then, you will probably be pulling very quickly. So adjust your carry method as needed.
I'm glad you made it home. Make it a habbit.
~LT3