Lancaster County Shooting Ruled Justified Self Defense

[bogey1]

I thought if you were in a vehicle and had no one in front or back of you, you had to try and retreat before resorting to self defense?

[arjohnson]

Good case of FAFO!

[JasonLund]

I thought if you were in a vehicle and had no one in front or back of you, you had to try and retreat before resorting to self defense?

No duty to retreat

[Walleye Hunter]

No duty to retreat

As it should be.

[Daycrawler]

First off GOOD SHOOT! Second, I wonder if he is one of those douche bag pedal power vegan bikers who think they own the road. They are by far the worst type of non-motorized vehicle on the road. If they stay where they belong on the shoulder that is one thing. If they do what it sounds like this guy did and take the entire lane, well then get shot.

[Pag23]

First off GOOD SHOOT! Second, I wonder if he is one of those douche bag pedal power vegan bikers who think they own the road. They are by far the worst type of non-motorized vehicle on the road. If they stay where they belong on the shoulder that is one thing. If they do what it sounds like this guy did and take the entire lane, well then get shot.

We get a few around here who think there they own the road...especially right around rush hour...

[Mosinshooter762]

No duty to retreat

I hope you are right but are you sure that there is always no duty to retreat when in a car in Pennsylvania?

I have read the statutory language many times with the 2011 enhanced castle doctrine amendments and every time I read it I keep coming to the conclusion that the requirement to retreat (if you knew, or practical speaking, if a prosecutor, judge and/or jury believe you knew you could do so with complete safety) when in a car before using deadly force against unarmed attackers is still a legal gray area in Pennsylvania.

While there exists under Pennsylvania law a legal presumption in favor of occupants of vehicles facing certain kinds of attack, the law does not explicitly say that one never has a duty to retreat before using deadly force when in a vehicle (at least when the perpetrator is unarmed or when other conditions of the stand your ground provision may not be met).

[free]

Should have been charged with trespassing and being an asshole too.

[jthrelf]

Well he certainly won't be doing that again...

Also - keep your doors locked.

[Walleye Hunter]

Well he certainly won't be doing that again...

Also - keep your doors locked.

It has not been all that long since I've felt the need to carry from the time I get out of bed but I have also started locking my car doors as soon as I close them. Next step: Increase my situational awareness, which is lacking. I am working on it.