Use of deadly force question

[butch708]

Let's say you come across 2 guys fist fighting and they end up on the ground with one on top of the other. The guy on top is beating the snot out of the helpless guy on the bottom. Being a lawfully carrying citizen, can you justifyably shoot the man on the top.

[sbmania]

I personally wouldn't. You don't know what the totality of circumstances are. Perhaps the guy on top is undercover police subduing a perp who is refusing arrest.
Perhaps the guy on top just caught the guy on the bottom molesting a child.
Perhaps both guys are druggies fighting over a bag of coke.
Unless I can figure out a bit more about what's going on, or it looks like the guy on the bottom is literally going to be killed and is screaming for anyone to help, I don't want to get involved.

[wanneroo]

It sounds like you just happened on the scene and have no idea what is going on. I would say no. Call the cops and let them sort it out.

[TeflonDon]

How did you determine the bottom guy as the victim?

[sprrdhawk44]

Be VERY careful with this. As others have said, you don't know what's going on.

That said, if I genuinely believe the guy on the bottom is in danger of being beaten to death, I may intervene. You can defend either yourself or a third person up to and including the extent that you could defend yourself if you were in their shoes. That is what's known as the "alter ego rule." Of course, this is only if you are in fear of imminent death or severe bodily harm for either yourself or that third party.

If it was getting bad, I may issue verbal commands to stop. If they ignore that, I may go for a field goal, and then draw, issuing verbal commands for them to stop again. Where we go from there is up to them.

Again, this is purely hypothetical. I cannot impress upon you enough the need for caution in doing this.

[ar15jules]

I recommend taking a class that covers the use of force statues for civilians.

[Manxdriver]

Draw your weapon, aim it at them, then clear your throat to get their attention and proclaim, authoritatively, "Gentlemen, I am audio and videotaping this for my youtube channel. Please give us a good show as I stand to make serious coin here and I need the cash to purchase ammo for the upcoming PAFOA Group Shoot. As an incentive, I am going to shoot one of you when the fight ends. The loser gets shot. Fight accordingly".


Then post the link to your youtube channel here for our viewing pleasure.


Ok, for the 'reality challenged' among the readers of this post, I AM KIDDING!!!!



EDIT to add: somebody rep me. I gotta get that 666 out of my rep count. I won't be able to sleep tonight with that in there!!

[twency]

Draw your weapon, aim it at them, then clear your throat to get their attention and proclaim, authoritatively, "Gentlemen, I am audio and videotaping this for my youtube channel. Please give us a good show as I stand to make serious coin here and I need the cash to purchase ammo for the upcoming PAFOA Group Shoot. As an incentive, I am going to shoot one of you when the fight ends. The loser gets shot. Fight accordingly".


Then post the link to your youtube channel here for our viewing pleasure.


Ok, for the 'reality challenged' among the readers of this post, I AM KIDDING!!!!


EDIT to add: somebody rep me. I gotta get that 666 out of my rep count. I won't be able to sleep tonight with that in there!!

Don't forget to throw a "World Star Hip Hop!" shout-out in there.

[QuackXP]

I would not fire at them unless they suddenly turned their violence on me.

I would draw, low ready and issue a command to stop. If they did not I would have to assess the situation if I could stop it without deadly force or not. I still would not fire not knowing what lead up to the fight.

[LorDiego01]

It would be justified only if you were wearing your Batman uniform.

Get real, you carry to defend yourself, its called SELF-defense. You are not a vigilante.