Is there anything we can do about this?

**Franky4Fingers** · May 23rd, 2010, 04:46 PM

I think I know the answer to this but I'll say it anyway. You guys remember a while back when I posted the news articles about the guy here in Altoona and the shooting he was arrested for? I'll make it short. Guy harassed him out of a bar, he got in his truck, the guy blocked him in the parking lot, threw ice chunks at his truck, he gets out to help his friend from being beaten, he draws his pistol and warns the guy, the guy comes toward him, he fires a warning shot, guy still comes towards him, he shoots him in the stomach. He is arrested for attempted murder, assault with a deadly weapon, etc. There was even an eye witness that backed the story up. The DA basically said, on TV, that an unarmed person isn't a threat, all that could of happened is he could have gotten beaten up, and thats not reason to shoot someone............[despite that being total horsecrap.]

I have to admit, this has bothered me badly. I've honestly never went more than a few days without thinking about this since this happened and I'm reminded of it everyday when I strap my pistol on for the day. It bothers me because this could happen to any one of us. I know Mr. Gunlawyer says always be prepared to go to prison and end up broke. And thats fine, because its true. But that doesn't mean its right. If your going to go to jail for decades, be convicted as a felon, and lose your rights.....well, I hate to say this, but you may as well just be dead. Providing its just you. If your protecting someone else, thats another story. I'd do anything to protect my wife and loved ones.

But anyway. This has seriously made me less confident about carrying. Heaven forbid something should happen, but if it does....I hope good judgment prevails and I don't wimp out because I'm afraid of going to jail. I have a jail phobia by the by too. Don't ask me to explain it, but I'm scared to death of it. I know no one likes it, but for me, its bad news bears. I actually get nightmares sometimes of being in prison. Then, thank God, I wake up.

I sent an email to the publishers of the NRA magazines. I don't know what I'm expecting, so don't ask...but, I just wanted to let someone know about this on a national level. I think, with the information provided, this is horse pucky.

disclaimer: thus far, the reports on this incident are fragmented at best. My conclusions are from reading the stories at hand and listening to the DA's personal comment on the situation.

**1iarrowking** · May 23rd, 2010, 05:15 PM

Getting HB40 passed certainly wouldn't hurt.

**knight0334** · May 23rd, 2010, 05:25 PM

To the DA's dismay, the law doesn't say the aggressor has to be a threat(whether armed or not), the law says that one must be in fear of life, serious bodily injury, rape, or kidnapping. ...There is a difference between the aggressor being a threat and the shooter being in fear of harm.

An actual threat whether perceived or not outweighs the necessity to be in fear of harm.

**Fairfield_Glock** · May 23rd, 2010, 05:35 PM

There are a lot of things that a human being can do without a weapon. Those things can result in permanent disability or death. Now it's true that most attackers don't have martial arts or special ops training, but a swift kick in the skull can be fatal. No weapon required.

**XD40coyote** · May 23rd, 2010, 06:00 PM

Humans have been known to knock another person to the ground with enough force that should the victim's head hit something hard, that it could kill them instantly. So unless the scene contained only fluffy happy clouds, nice soft cottony pillows, and deep and fluffy snow ( and some cute lil kittens and puppies), there was the danger of death by head-hitting-hard-surface. And if not death, the risk of brain injury severe enough to cause major handicap. Why does someone who shoots in self defense have to go to trail and hire medical professionals to testify on something even 7 year olds should understand?

Why are overzealous prosecutors allowed to exist when they only do this to regular people who find themselves being threatened by criminals, but let the actual criminals get let off so they can go victimize good people over and over?

I too have a terrible phobia about jail. It is about not being free, having no privacy, and my anxiety disorder and some strange nuances related to it. Even as a little kid I was leery of cops. I also have a problem with bullies. I HATE them.

**thebearpack** · May 23rd, 2010, 06:17 PM

I absolutely see where you're coming from about feeling less prepared or confident or whatever you want to call it. Question is, I guess, how far would things have to escalate before you drew in that situation? I'd imagine everyone has a different threshold.

Viper just posted recently about something that happened to him where a drunk neighbor started to shove him around and reached for his (Viper's) gun. Viper showed great discipline in not making a move to unholster his weapon. But it got me to thinking about if I was in his situation,how far would I allow it to go before I decided to defend myself. If the assailant is bigger/stronger or even "medicated" to the point where he feels no pain and isn't thinking/acting rationally, he can hurt a person pretty badly and no weapon is required.

**wallyone** · May 23rd, 2010, 06:53 PM

After reading the OP and some of the replys I thought I would weigh in with some of my thoughts. First the title"we can do" if the OP means as a group of people then showing support for HB40 could help,dropping the need to retreat and allowing a person to stand there ground, not sure if that would apply away from your home or not.I think that the DA is an elected post so showing support for a canadate that would support self defence would help? If the OP means by we as indivigales, this is were I might get in trouble so I will say now that I'm not trying to start a fight just my thoughts. As an armed person I think you have to be more alert about your surroundings and might have to make some adjusments, like not going in to some places, know when to leave, and know what to say or more so what not to say.I did not read any news reports or other storys about the insedent other then the OP's short recap, so just going by that he said the guy was harrased out of a bar, could have the whole thing been avioded if he would have left alittle early, I'm trying not to take sides with the DA or the guy but there are so many angles that could make all the difference in something like this.Hay the DA might know he won't get a conviction but then he can blame it on the jury.

**Evan** · May 23rd, 2010, 07:08 PM

Just because somebody is unarmed means nothing about the threat to life. One of my best friend has not only studied martial arts most of his life, he teaches many different types. Many of the classes involve kill moves to pass to the next level belt. He also teaches knife combat to marines. Luckily most of the people who study this level of martial arts are very disiplined and would only use these techniques if absolutely necessary.

**rockkrawler628** · May 23rd, 2010, 07:17 PM

This might sound really stupid but what about using a non lethal round as the first round?
Yes, it may sound stupid because WHAT IF the guy has a gun and you need a lethal round? but WHAT IF something like this would happen and you would need a non lethal round, otherwise face jail time?

**Curmudgeon** · May 23rd, 2010, 07:25 PM

Originally Posted by rockkrawler628

This might sound really stupid but what about using a non lethal round as the first round?
Yes, it may sound stupid because WHAT IF the guy has a gun and you need a lethal round? but WHAT IF something like this would happen and you would need a non lethal round, otherwise face jail time?

Instead of a non-lethal round as the first round (which I think is a VERY bad idea) just carry pepper spray with you.

ETA: Your firearm really should not be the only option in your self-defense arsenal. "When the only tool you have is a hammer, every problem begins to look like a nail."