You draw a weapon on a man, but he still keeps coming...

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The way I see it, this can go two ways depending of the circumstances prior:

The first way: you made a mistake and you drew your gun before you believed you were legally justified to use deadly force. At this point you need to back away, shout commands telling him to stop and attempt to leave the area. You need to make it clear to any potential witnesses that your intention is to leave and you're not looking for a fight.

The second way: you drew your gun only when it was clear that deadly force would justified in solving the situation. Unless his behavior dramatically changes in a way to make him no longer a threat, you should be pumping him full of lead.
 
You draw a weapon on a man, but he still keeps coming...

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You have decided to draw your weapon on a man. The man keeps approaching you at a steady, but slow, pace forward. You retreat somewhat, provide the man with a strong verbal warning that you will fire if he keeps approaching, but he still keeps coming forward.
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I won't turn and run away for a couple of reasons. 1) like Bill, I don't run so well, and 2) I don't want to lose track of the threat.

Since the guy is advancing at a slow pace, I will retreat at a slightly quicker pace and open up the interval between us.
 
Turn and run away?
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...and there you have it. Although, I'd say DON'T turn but do make every effort to get the hell out of dodge. How's about getting the hell out of dodge BEFORE you draw your weapon?

In NY state you'd be in serious trouble if you didn't make a VERY serious effort to leave the situation. The law requires that you retreat regardless of all factors EXCEPT that you must be able to do so safely. The problem being that you CANNOT assume that retreating will not be safe unless the BG has a "distance weapon", at least so far as I've been able to verify with authorities. Versus an unarmed or knife wielding opponent you MUST attempt to extract yourself from the situation before firing. Essentially, only against a gun wielding BG can you assume that retreat cannot be done safely.
 
...and there you have it. Although, I'd say DON'T turn but do make every effort to get the hell out of dodge. How's about getting the hell out of dodge BEFORE you draw your weapon?
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That's the worst plan Ive ever heard. What happens when you try to run but hes faster? You end up being attacked from behind having no idea how hes going to try to hurt you. Its impossible to evaluate any evolving situation when hes behind you out of you line of sight.
 
Moving away quickly does not mean you have to break eye contact. The idea is to create distance. If the BG adjusts his speed to match your's, or increases speed to close the distance while in pursuit, then that is a whole different story.
 
That's the worst plan Ive ever heard. What happens when you try to run but hes faster?...You end up being attacked from behind
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Actually, I clearly said "DON'T turn around." The idea is to make distance. Can you imagine going through a trial and being cross examined for shooting this guy?

Prosecutor: "...and what was he doing when you shot him?"

You: "He was walking toward me."

Pros: "Walking? Just walking toward you?"

You: "Well, I told him to stop."

Pros: "So, you shot a man who was unarmed and walking in your direction?"

You: "Well, I told him to stop or I'd shoot."

Pros: "Did you consider that he might not speak english or that he could have been deaf."

You: "Well, I, uh,..... I told him to stop. He just kept walking."

Pros: "So, you shot a man for.... walking? Did he have the right to be where he was at the time?"

You: "Well...."

Pros: "Did he threaten you?"

You: "No, but..... he wouldn't stop walking toward me."

Pros: "Alright, I understand what you're saying. Let me break it down. You shot an unarmed man, walking in your direction, who made no threats toward you?"

You: "Um, I'm allergic to cotton. Can I have my prison suit in silk, please?"
 
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Actually, I clearly said "DON'T turn around." The idea is to make distance.
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So you are suggesting running backwards? I dnt know how else to get the hell out fo Dodge without running in sum way, shape or form.

Prosecutor: "...and what was he doing when you shot him?"

You: "He was walking toward me."
..........
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Well if i drew down on some one im pretty sure thats the universal "Stop or I'll shoot signal" so it really would not matter if he was deaf. The OP also suggests that he is behaving in a threatening manner so that whole skit you just wrote is kind of silly.
 
I think safest bet is retreat, Looking for a escape rout and avoid at all cost.Your freedom is at stake here and if your life is not in immediate danger keep a level head and dont panic just relax and breath try not to show fear and stair him down that you mean buisness.Do you have a cell to dial 911 while keeping Him in your sights,did you yell for help.could you have out run him or hide somewhere.May be the question of a officer and the DA you may face after the fact and everyone knows you cant call it back So be sure its a good shoot.
 
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In NY state you'd be in serious trouble if you didn't make a VERY serious effort to leave the situation. The law requires that you retreat regardless of all factors EXCEPT that you must be able to do so safely. The problem being that you CANNOT assume that retreating will not be safe unless the BG has a "distance weapon", at least so far as I've been able to verify with authorities. Versus an unarmed or knife wielding opponent you MUST attempt to extract yourself from the situation before firing. Essentially, only against a gun wielding BG can you assume that retreat cannot be done safely.
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I'm glad I don't live in NY.
 
The OP also suggests that he is behaving in a threatening manner...
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The OP:
You have decided to draw your weapon on a man. The man keeps approaching you at a steady, but slow, pace forward. You retreat somewhat, provide the man with a strong verbal warning that you will fire if he keeps approaching, but he still keeps coming forward.
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Where is the "threatening manner" aside from the walking toward me?

So you are suggesting running backwards? I dnt know how else to get the hell out fo Dodge without running in sum way, shape or form.
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Well, I can move fairly quickly backwards, yes, but running, no. You could also move laterally which would actually be a better move because it would force the guy to change course to follow you, which could go a long way toward establishing a threat.

There's also the question of distance. If the guy is 50 feet away, I'd turn and run. If I hear him running after me I'd try to get cover or turn and confront, whatever was appropriate for the terrain and surroundings and remaining distance. This action also helps satisfy:
1) My own moral code of avoiding a shoot if possible.
2) The legal requirement to attempt retreat in NY state.
3) The "intent" portion of the lethal force triangle.

...that whole skit you just wrote is kind of silly.
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I can absolutely, positively guarantee you that, if it was brought to prosecution, every attempt would be made to make it appear as though you shot an unarmed, completely innocent civilian who was doing nothing more than walking through a parking lot/park/wherever.
 
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You can fire whenever the law says you can, which differs from state to state and by situation within states.
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Bingo-Bango. That's all that counts in my book. Might I suggest moving out of New York State?

In Rhode Island:

§ 11-8-8 Injury or death – Defense. – In the event that any person shall die or shall sustain a personal injury in any way or for any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 – 11-8-6, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding that the owner, tenant, or occupier of the place where the offense was committed acted by reasonable means in self-defense and in the reasonable belief that the person engaged in the criminal offense was about to inflict great bodily harm or death upon that person or any other individual lawfully in the place where the criminal offense was committed. There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any criminal offense enumerated in §§ 11-8-2 – 11-8-6.
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Might I suggest moving out of New York State?
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Well, yes, I'd love to move somewhere else but it has nothing to do with that particular law. I live in a very safe place. I mean VERY safe. We have not had a murder in this area that didn't involve some sort of domestic dispute in my memory. There aren't a bunch of crack heads breaking into peoples house or robbing stores. We don't have gang initiations or even gangs at all, to speak of. I don't actually concern myself to much about what the law says in these scenarios. I know it but it doesn't concern me. The need to defend myself is unlikely to begin with, in addition, any SD situation I find myself in is virtually guaranteed to be inside my home or business. The retreat clause does not apply in those places.
 
So you are suggesting running backwards? I dnt know how else to get the hell out fo Dodge without running in sum way, shape or form.
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Well, I can move fairly quickly backwards, yes, but running, no. You could also move laterally which would actually be a better move because it would force the guy to change course to follow you, which could go a long way toward establishing a threat.
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Bingo. Laterally or even diagonally...which ever offers the best avenue of separation. This isnt that hard, folks.
 
This scenario happened to me. I draw a S&W k frame at two intruders & one kept coming. On hindsight I believe the man thought it was a toy gun. I shot a warning shot to his right & told him the next two were going into his chest. I have to admit I hesitated and made a mistake. I could have legaly killed that man. It's not what I wanted. It's not what I would like to do today if the situation raised again. Faced with the same situation I believe I would shoot.
 
I just deleted an unacceptable post & some responses to it.

Thanks to those who hit the "report this post" button. That's helpful for sure!

pax
 
Put on your thinking cap

This is another good exercise for the grey matter. There is little info, about the BG, the scene, whether you or the BG are alone or with others, you don't even know if it is day or night. Sort of like, "Make a Scenario". But probably just like it could happen on the street. If the guy got that close before you noticed him, your awareness suffered a lapse; suddenly you're backing up and shouting at the guy with your gun out.

But the point is these kind of unanswerable questions keep us thinking, evaluating our own knowledge of the law, situational awareness, and reactions. Anyone who carries had better think these kind of thoughts, both to be ready/able to deal with the one time it happens for real, but equally important to "do the right thing" and stay out of jail. Even if you don't know the "answer", it is important and valuable to do the exercise.

Lots of these type of posts/questions deal with readiness in the home. Where do you sleep in relation to the doors/windows, your children's bedrooms, do you have a pet, an alarm, etc. But in reality shooting an intruder in your home is actually simpler than shooting a man on the street. Intent, ability, opportunity - all satisfied by the guy being in your home (or are they?).
 
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