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The Water Cooler
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Good Shoot? Bad Shoot?
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<blockquote data-quote="Werewolf" data-source="post: 1296088" data-attributes="member: 239"><p>Social Gathering; lots of witnesses.</p><p> </p><p>FWIW:</p><p> </p><p>IMO it would be a good shoot. At most subject A could be charged with and probably found guilty of misdemeanor assault because he initiated the event by knocking B to the ground.</p><p> </p><p>Subject B was on the ground and at that point the event the event was concluded. Subject A even warned Subject B that he was aware that B was armed and he shouldn't pull his gun. The physical altercation was over. At no time was B ever threatened with severe bodily harm or lethal force after being knocked to the ground. Subject B reinitiated the confrontation by pulling his weapon without the fear of lethal threat being present (though one might make an argument that the threat of severe bodily harm was extant) even after being warned not to.</p><p> </p><p>Subject A was within his rights to shoot Subject B when he was threatened with lethal force by Subject B pulling his weapon.</p></blockquote><p></p>
[QUOTE="Werewolf, post: 1296088, member: 239"] Social Gathering; lots of witnesses. FWIW: IMO it would be a good shoot. At most subject A could be charged with and probably found guilty of misdemeanor assault because he initiated the event by knocking B to the ground. Subject B was on the ground and at that point the event the event was concluded. Subject A even warned Subject B that he was aware that B was armed and he shouldn't pull his gun. The physical altercation was over. At no time was B ever threatened with severe bodily harm or lethal force after being knocked to the ground. Subject B reinitiated the confrontation by pulling his weapon without the fear of lethal threat being present (though one might make an argument that the threat of severe bodily harm was extant) even after being warned not to. Subject A was within his rights to shoot Subject B when he was threatened with lethal force by Subject B pulling his weapon. [/QUOTE]
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