Montgomery County 1; self defence 0

[bogey1]

The case is over already. I'm not worried about posting anything.

Back in June of 2014, I was cut off the road by someone, I thought we made contact with our vehicles, the other guy was screaming out his window for me to pull over. So I did ( I made sure that I pulled over in front of a bank, hoping that they had cameras) I got out of my truck, went to the back of the truck with the intentions of going to the other side to inspect damage.
That never happened
The other guy jumped out of his van and ran up to me and confronted me, yelling and screaming all the time, we were face to face and I started to yell back at him. All of a sudden, he says that his kids could have been in the car, and then he really gets mad, tells me "I'm going to kick your ass till your dead and bloody". I told him to back off, then he says to me "What are you going to do about it" AS he shoves me back buy pushing mmy chest with both hands.
I automatically drew my firearm as I went backward. (never lost my footing)
He saw the gun and totally lost it again, still taunting me and threatening me, I told him "go sit down", and he says "what am I? a child?" retreats to his car, takes his shirt off and comes back at me again and gets into a fighting stance. When he retreated, I lowered my firearm to my side and waited for the police. They were there in less then 3 minutes.

Once he saw the firearm, he never made an attempt to get close to me again.

They arrested me and ended up letting the other guy go free.

After 9 months of courts, I was charged with ALL the crimes.

I LIVE in Rockledge and the cop didn't even listen to one word I said.

In other words, you should have let the guy beat you bloody dead so you wouldn't be in this predicament? You should have told the courts you were gay, or black.

[spoonltz28]

I had my day in court, and for the record, the other guy was black. And of course, the bank didn't have video. And naturally, they believed him.

[GunLawyer001]

There's a bias among cops and prosecutors and juries in the more urban areas, against the guy with the gun. That bias is not so prevalent in the suburbs and rural areas.

So when Massad Ayoob and others tell you to call the cops first, after any defensive use of firearms, because whoever calls the cops first is presumed to be the victim....that's true, in some places.

In others, in the sorts of places where you're more likely to NEED to display a firearm in self defense, the reality is that whoever had the gun in a confrontation is presumed to be the bad guy.

We think that being virtuous and truthful will somehow shine through in court. Not so much. People who lie a lot are usually much better at appearing sincere, and telling stories that favor themselves. Truthful people tend to say everything, including the incriminating stuff. So a jury, or judge, will hear two versions, and pick something in the middle.

It can't be said too many times; if you're the guy with the gun, you have an uphill battle establishing yourself as the good guy, if there are witnesses willing to lie against you. It's a good reason to buy and use dash cams, and voice-activated recorders. From what you've written here, it sounds like the statements the other guy made would have been incriminating, if they could have been presented to the fact finder. Better yet, if he makes his statement before he knows that you have audio/video, it gives him a chance to forswear himself, which can be helpful to you in court. (A dash cam with audio & video is unlikely to violate Pennsylvania's anti-wiretapping statute, considering that it only captures what's being shouted on a public street, and the cam itself is by its nature mounted in a visible location.)

[streaker69]

[joseywales]

I had a similar instance many years ago, just outside of Philly. One interesting commonality is the other's guy response when seeing the gun. I was still in my car and the guy was pounding on my window, making threats. When he saw my pistol, he got even angrier. What is it about a gun that makes the other person think becoming more enraged will affect a better outcome? My scenario ended with the Italian stallion stomping off and cops never having been called. I guess that's what happens when two paisans disagree

[Bang]

The guy facing the gun could have created a had to shoot situation. Upwards of 90 percent of homicide victims precipitate their own deaths with the words, "you don't have the balls to shoot" or a physical escalation.

Hindsight being soooo luxurious.... I think stopping anywhere but at a police station or at least a very populous locus may be mistake #1. There is a common scam where they deliberately contact your car, usually in the rear, relying on your stopping because it is illegal to leave the scene of an accident.

I guess you are permanently screwed from ever possessing a gun again. Man, I would be ballistic. I don't think I could handle that frame-job.

[staylo]

I had a similar instance many years ago, just outside of Philly. One interesting commonality is the other's guy response when seeing the gun. I was still in my car and the guy was pounding on my window, making threats. When he saw my pistol, he got even angrier. What is it about a gun that makes the other person think becoming more enraged will affect a better outcome? My scenario ended with the Italian stallion stomping off and cops never having been called. I guess that's what happens when two paisans disagree

Well, based on my high school days, I would say it's all about posturing who's the toughest guy, likely trying to bluff their way out of an actual physical confrontation. If you can act "tough" enough, maybe the other guy will back down. Maybe it's the same thing when someone running their mouth sees a gun. They feel like they've got to take it up another notch to out-bluff the guy who's now clearly got the upper hand. Of course, they could just be bat-you-know-what crazy.

[Dont4get2doubletap]

So if he pulled a knife or was about to literally beat you to death and you shot him what would have happened in the court? Theyd have no choice but to believe you instead of listening to his BS story

[Bang]

Unfortunately, nearby persons can screw you. You'd be holding your ass claiming someone rushed in, scooped up the knife, and split, with several others swearing there was never a knife (think "hands up, don't shoot").

Years ago a motorist blew the red light, entering the intersection as I was. I impacted his right front fender. I jumped out and grabbed a couple of registrations of cars stopped for the light in case I needed a witness. One got word to me that if I involved him, he would swear I blew the light.

[bluetrane2028]

Someone I know who is respected on these boards once said that if you have to draw your gun you had better use it. Hindsight being 20/20, would have been better for the other guy to start throwing punches first... Sorry you are going through this. Is there any further legal avenue possible?