We Should Be Careful With Our Choice of Words!

Old Guard Dog, as you said, in some states this could have led to prosecution.

The caveat is: in some states.

In other states, it's lawful to pursue somebody whom the pursuer has witnessed commit a violent felony, particularly when the violent felon is still armed and poses a threat to the community.

I'm not sure what the law is in Minnesota, but apparently the DA decided no law was broken, as no charges will be filed.

I understand that instructors like to prepare for the lowest common denominator in their lesson plans, and that it's easiest (and possibly safest from a liability standpoint) to make blanket statements such as, "You are not a LEO," but the fact is that those blanket statements will usually have exceptions.

younggunz4life, "lawyer up and shut up" is perp talk. The shooter in this case seems to have followed the advice given by people like Massad Ayoob, and that seems to have worked out well in this case. Bear in mind that an affirmative defense (such as justifiable homicide) REQUIRES the defendant admit to the shooting itself. So, "lawyer up and shut up" is going to go out the window, sooner or later; I'm not advocating getting into an extended conversation with the arriving officers, but pointing out where corroborating evidence is (before the dead guy's buddies make it disappear) and pointing out the witnesses (before they make themselves scarce) could be critical, and may not be possible if one waits to "lawyer up" first.
 
Sound clean at least at face value, according to the facts in the article. He has a right to attempt citizens' arrest. If the suspect resists with lethal force, he has a right to respond in kind.
 
MLeake, yes one must make a statement for the justifiable homicide - that is a good point. I was more getting at not saying too much like you later pointed out. Everything seemed good to go, so I didn't want him to continue talking and possibly making things worse with unnecessary statements. Sometimes you can just twist things a little too much if you don't have a shut off button too.
 
Gotta say this is surprising and somewhat reassuring, as I had heard that in Minnesota, outside the home you still have the duty to flee if possible before using deadly force. Not saying that when I'm a permit holder that I plan on chasing down bad guys and implementing my own justice. But its good to know that if I'm in public I dont have to worry about defending myself.
 
I agree that this is a justifiable shoot(given what we know). However it certainly could have gone south for him. I teach that one can do everything right and loose when they fight.
There certainly is no statute that takes away our ability to do the right thing when intervening in a crime like this and given that there had been several previous crimes VERY recently at this same location has to have helped.
I think the biggest thing to take away from this is we are seeing a positive shift in the legal system towards defending ourselves and others and that this is an isolated situation and in another place and or time this could go very badly for the Good Samaritan.
 
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