Scenario - Shoot BG in back?

[stroo]

I was paintballing today and shot a few people I snuck up on in the back. It got me thinking. Say you stop at a stop and rob to use the bathroom. As you come out you see a guy pointing a gun at the clerk. You check to see if any accomplices are around and none are. Assuming you can't get out without going right past the thug, do you shoot the guy in the back, holler a warning to drop his weapon, just sit back, call 911 and see how the situation develops or duck back into the bathroom, lock the door and call 911.

I think I would shoot him in the back while I hollered a warning to drop his weapon.

[WillieD]

I would definately NOT give them a warning and announce your presence.

[Skiprr]

Stick to paintball.

[Frost]

I would not draw in the case of a convince store robbery unless the robbers opened fire or i was personally approached and threatened. I would suggest either being a good witness or retreating back to the bathroom.

[KD5NRH]

I would not draw in the case of a convince store robbery unless the robbers opened fire or i was personally approached and threatened. I would suggest either being a good witness or retreating back to the bathroom.

Yeah, nothing like being a good, armed, capable witness to the clerk's death.

[dac1842]

I wont respond to what you should do, unless you have been there already,have extensive traning on how to respond, you dont know how you will respond. So the real question here is, Would shooting the BG in the back be a legal response?

I would say yes it would be a good shooting. Texas law allows for use of deadly force in protection of a third person. Now having said that, keep in mind that the Grand Jury will have unlimited time to make a decision you had to make in less time it takes for me to type the word decision, and I type fairly fast. The law does not require a warning. Now there are lawyers on here that may disagree with that. But IMHO, all a warning will do is escalate the issue, if you are going to act, act decisivley and make sure you know where the bullet will go if you miss or if it goes through the suspect.

Remember exhale partially, hold, squeeze.

[HighVelocity]

If the BG is between you and the clerk, the risk of hitting the clerk with a bullet is pretty high. You certainly don't want to shoot the person you're trying to help.

Also, you don't know that the BG you see is the only one in the store. There could be another two isles over that already has you in his sights.

[casingpoint]

lock the door and call 911

Make that call 1911.


The FBI said recently that killing a perpetrator during a robbery is justifiable homicide.

Still waiting for that one to trickle down.

[MoJo]

lock the door and call 911

Make that call 1911.


The FBI said recently that killing a perpetrator during a robbery is justifiable homicide.

Still waiting for that one to trickle down.

First IANAL and I didn't stay at a certain hotel last night.

The FBI isn't the local prosecutor nor are they the local Grand Jury.

I would not shoot unless the BG was going to shoot the clerk or any other customers in the store. Call 911, keep your cool, and be a good witness. Remember even in a justified shooting there are many legal, personal, and emotional costs.

[flb_78]

How do you know if a bad guy is going to shoot somebody?

I figgered since he is pointing a gun at somebody and demanding money that it's a good possibility that he's going to shoot the poor fella.

I guess one could go up and ask the bad guy if his plan include shooting the clerk once the money has transferred hands.

[SlowDave]

I figgered since he is pointing a gun at somebody and demanding money that it's a good possibility that he's going to shoot the poor fella.

I don't know that that's a good assumption. I think even BGs know that the charge for armed robbery is significantly less than for murder. If they get their money with no problems, I'd guess there's a substantial chance of them leaving without firing. 50/50? 70/30? 30/70? I dunno, but I'd guess there's at least a 30% chance of them not shooting the clerk.

[BTin]

As far as legality, it is definitely legal to use deadly force to stop a potential murder.

The problem that I have with this situation is that you don't know the story until the story is over. What if the guy with the gun is an undercover police officer trying to arrest the gas station employee?

I think I might hang back out of cowardice - although I hope with my feet in the fire I will respond correctly.

I think if you are going to intervene, you would have to assess the situation carefully before intervening. And then proceed with caution.

Perhaps take cover behind something that will stop bullets before taking any action! After all, the first rule of a gunfight is to not get shot!

[CHLSteve]

How about this: if you ever see a BG holding/robbing me at gunpoint, feel free to shoot him in the back!

[gemini]

Hi guys. I'm relatively new here. Pardon me if I step on any toes...but....If someone points a gun
at you (or a store clerk etc) in an attempted robbery, car jacking etc. I think they have conveyed the message
they are willing to kill you at their whim or fancy. I would not count on 30% chance of them not shooting you
any more than 30% chance they will. BG's are shooting victims that comply or are trying to comply. Several
instances come to mind. In Dallas, 2 men were robbed and killed even though they had "complied" (music
studio owners). A convience store clerk robbed, complied, then shot to death (I believe the corner of
Garland Rd & Barnes Bridge). Were these 3 men in the 30% or 70% chance of being shot or not shot during an
aggravated robbery? IF you have a tactical advantage, and can protect the life of a 3rd party, I like to
think that most CHL's would.

[KRM45]

I figgered since he is pointing a gun at somebody and demanding money that it's a good possibility that he's going to shoot the poor fella.

I don't know that that's a good assumption. I think even BGs know that the charge for armed robbery is significantly less than for murder. If they get their money with no problems, I'd guess there's a substantial chance of them leaving without firing. 50/50? 70/30? 30/70? I dunno, but I'd guess there's at least a 30% chance of them not shooting the clerk.

Perhaps you should review the penal code some more... Murder and aggravated robbery are both first degree felonies.
Now if he were to murder the clerk during the robbery he could be charged with Capitol Murder, which makes him eligeable for the death penalty.

As far as the OP I would have no problem shooting a man in the back. I don't worry about the notion of fighting fair. Fair means I go home to my family at the end of the day.... I would try to look around and see if there was anyone else involved first. I would also announce load and clear to drop the gun, get down, etc for the benefit of the video that would be shown to the grand jury...