Justified or not.

Discussion in 'Off-topic' started by Axeman, Oct 10, 2007.

  1. Axeman

    Axeman New Member

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    A friend of mine recently had an incident that made me wonder something.

    He has brain damage from a severe wreck about 5 years ago, was in a coma and came out, spent time at Shepard Center getting all his motor functions back, and was told that he needed to avoid hitting his head because a hard hit might kill him now or cause more damage.

    Recently some idiot who out weighs him by 150 pounds (305 lbs vs 160) tried to start a fight with him in a resturaunt and pushed him back about 6 feet, the manager threw both of them out. He is not the fighting type and does'nt want to get hit in the head, but this guy want to pound him.

    Finally the question. If he were packing, givin his condition, would he be justified and pulling it, and/or shooting the other guy if he did not retreat?
     
  2. ptsmith24

    ptsmith24 New Member

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    I'd say so...was he in fear for his life? I'd say yes but that's ultimately his call.
     

  3. VolGrad

    VolGrad Tactical Statistician

    Interesting question. I would think NOT justified unless the guy had some type of weapon, etc. or was in the act of actually pounding his head ont he pavement/bar/counter/etc. Your friend's condition was only known to him, not his assialant. I wouldn't think that could come into play much.

    I am not saying it wouldn't be better to be ALIVE and legally in deep ca-ca, but would think he would be convicted of something bad.
     
  4. budder

    budder Moderator Staff Member

    If the assailant didn't know about his condition, then he would be in more danger.
     
  5. VolGrad

    VolGrad Tactical Statistician

    True, but the perception would be (to a DA or jury) regular man-on-man fist-a-cuffs which wouldn't warrant a weapon being to shoot down the other party. Recall, the armless guy locally which was just charged over an actual hand-to-hand (or in his case head-to-head) fight which resulted in death. Not sure who started the fight, not sure if it would have made a difference. That guy could have (and might still) argued that he was at a disadvantage (no arms) and in fear of his life. Justified head butt deathblow?
     
  6. commodore_dude

    commodore_dude Active Member

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    Yeah... I don't have any kind of condition, but if some guy that outweighs me that much wants to fight me, he's going to learn what the business end of a Glock looks like. I don't know kung fu and I'm not going to take a few licks before it becomes a life threatening situation. In MOST of GA I don't see how anyone would convict your friend, certainly.
     
  7. Sharky

    Sharky New Member

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    I thought there was a thread where we talked about this on here.

    first problem is this is a restaurant? Do they serve alcohol???
     
  8. VolGrad

    VolGrad Tactical Statistician

    Sounds familiar to me too.
    Probably so, people usually don't try to start fights at the salad bar at The Sizzler. :rotfl2:
     
  9. Sharky

    Sharky New Member

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    LOL have you been to a sizzler near a retirement community???????

    My grandparents, rest their soles, almost did!
     
  10. Axeman

    Axeman New Member

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    Actually it was in some diner, sort of like Waffle House, I don't think they served any alkeyhol. :)
     
  11. budder

    budder Moderator Staff Member

    A head blow could kill him. In a fist fight you are likely to get hit in the head. Therefore, he was in fear for his life. That's the only standard we have to hold him to.
     
  12. VolGrad

    VolGrad Tactical Statistician

    I agree 100% that a head blow would even be more likely to kill this guy than an otherwise healthy person. I just don't believe that a DA or jury would think his assessment of the likely outcome (the shooter's) would be good enough to get him off the hook.

    I'm not saying it's right, I'm just saying........

    EDIT: Most here would also agree that carrying a gun should not have to be justified in most any place that is prohibited by GA and Federal law. But it still is. Just a fact that our rational assessment of the need to do so is usually the minority opinion.
     
  13. budder

    budder Moderator Staff Member

    I would maybe even go as far as very likely. However, even if it didn't kill him, he could still suffer significant harm. A decent lawyer and having his doctor present would pretty much give him the win (not that he should've had to fight legally in the first place).