Re: Late night drive thru encounter....and no gun.
Posted: Wed Aug 18, 2010 10:15 am
Thought I would offer some if my impressions here. I am not suggesting any course of action one way or another because every scenario has its specific points - there are no set rules, actions, or anything else that covers all the bases. And I am not trying to tell you how to be a father!!!
1) late at night, public place, 10 year-old? My old-time thinking puts kids to bed by 9 or 10 PM every night.
2) Black is irrevelant, but dirty may indicate homeless, which I call a bum. So developing the image - he was probably drunk; they usually can't get or afford hard drugs. But hey, who knows?
3) No way out of a drive-thru lane 90% of the time.
4) Rolling up the window and dialing 911 is maybe first and pulling out of the lane if possible 2nd - rolling up windows because they are pretty tough against a fist, maybe not a board or tire iron or multiple blows might be 3rd, but I wouldn't count on it. And attempted or actual breaking of the glass is justification to light him up.
5) Wait for the cops and report - they and Jack probably know the guy since these types hang out in the same general locations
6) Lighting him up for this bum's preliminary actions (yelling, approach), which I think I understand, is generally not legally defensible in TX, or at least would require a lot of discussion with the cops.
7) My highest concern is the obvious trama to the young man. I hope you discussed this with him to get his take on the incident and make sure he is not having nightmares or sleeping with his BB gun or a kitchen knife or such as that - a 10 year old is obviously very impressionable, but as a father I am sure you know that and I apologize for sounding like parent police if I do.
8) Glad it turned out ok. And maybe some advice - don't be unarmed. And I bet you won't be again or let that CHL expire.
Let me apologize again if I have stepped on any toes here.
1) late at night, public place, 10 year-old? My old-time thinking puts kids to bed by 9 or 10 PM every night.
2) Black is irrevelant, but dirty may indicate homeless, which I call a bum. So developing the image - he was probably drunk; they usually can't get or afford hard drugs. But hey, who knows?
3) No way out of a drive-thru lane 90% of the time.
4) Rolling up the window and dialing 911 is maybe first and pulling out of the lane if possible 2nd - rolling up windows because they are pretty tough against a fist, maybe not a board or tire iron or multiple blows might be 3rd, but I wouldn't count on it. And attempted or actual breaking of the glass is justification to light him up.
5) Wait for the cops and report - they and Jack probably know the guy since these types hang out in the same general locations
6) Lighting him up for this bum's preliminary actions (yelling, approach), which I think I understand, is generally not legally defensible in TX, or at least would require a lot of discussion with the cops.
7) My highest concern is the obvious trama to the young man. I hope you discussed this with him to get his take on the incident and make sure he is not having nightmares or sleeping with his BB gun or a kitchen knife or such as that - a 10 year old is obviously very impressionable, but as a father I am sure you know that and I apologize for sounding like parent police if I do.
8) Glad it turned out ok. And maybe some advice - don't be unarmed. And I bet you won't be again or let that CHL expire.
Let me apologize again if I have stepped on any toes here.