Soccerdad1995 wrote: Rob72 wrote:
2. Do you think it is logical to proceed to give medical first aid to someone whom you have just use your weapon against?
The moment you touch the person whom you have shot, your legal position changes. It will be your burden to prove that their demise was not the result of your malfeasance or incompetence.
The DA might take a pass on the question, a civil attorney, regardless of the justifiability of the shoot, has grounds to bring a suit because of the malpractice/malfeasance question. Render aid = call 911.
I have a small personal pack, and a more complete kit in the vehicle.
Do we have a good samaritan law in Texas protects us from liability if we are attempting to render aid to those in need (crash victims, etc)? If we do that would seem to also cover this situation. If we don't, then that would probably impact my decision on rendering aid in all situations, to be honest.
Yes, we have a good Samaritan law on the books, that covers quite a bit actually. The real problem is either a overly-aggressive prosecution attorney or the eventual civil suit. Some examples of twisted logic they could use to ruse a jury... :
1. If you rendered aid to a guy that you say was trying to kill you, were you really in fear for your life?...
2. Did you just render aid to try and fix a mistake you made shooting him?....
3. Are you a medical professional? Your 'aid' caused an infection with that QuickClot gauze you inserted into his body, causing him pain. You owe him for that.
4. If you were afraid for your life, and you rendered aid and he recovered, would you fear for your life and shoot him again?...
5. If you didn't want him to die, why did you shoot him three times?...
6. If you didn't want him to die, why did you shoot him in the head?...
Hopyfully a wise jury would see through the bull, but things get nasty in the courtroom. No one is your friend in our system. And remember, the jury of your so-called "peers" has been hand selected by the attorneys. They can pick the most liberal, sweetheart, 'all lives matter and are important', imbecilic persons that show up, and you have to work with that jury of 6 (or twelve, depending on civil vs criminal). Though the odds may still be in your favor in a 'good shoot' scenario, are you willing to take those risks?
Personally, I will be calling the ambulance and police, hanging up, checking on my family and holding the threat at gunpoint until law enforcement arrive and control the scene. I would re-conceal when the first LEO car pulls up (just for a bit of added safety). But otherwise, my aid for the guy who was just a lethal threat ends when I hang up the phone calling the ambulance.