get punched once -- then shoot?

[Jack Burton]

The Ramsey County attorney's office won't press charges against a St. Paul man who shot and wounded another man in a grocery store parking lot last month, saying the shooting was in self-defens

St. Paul man shot in self-defense outside store, prosecutor says - TwinCities.com

 

[armedindy]

maybe he got hit REALLY hard...?

 

[Disposable Heart]

The article gives a brief blurb on what the Minnesota laws are on that subject.

How would Indiana law apply? Battery, okay, STRONG misdemeanor, but "forcible felony"? Maybe if there was a demand made "Gimme your money" or "I'm going to kill you"?

With the horrific damage that the "knock out" games has caused (comas, death, etc...), maybe we as a society need to redefine "battery" and make it felonious?

 

[GodFearinGunTotin]

The article gives a brief blurb on what the Minnesota laws are on that subject.

How would Indiana law apply? Battery, okay, STRONG misdemeanor, but "forcible felony"? Maybe if there was a demand made "Gimme your money" or "I'm going to kill you"?

With the horrific damage that the "knock out" games has caused (comas, death, etc...), maybe we as a society need to redefine "battery" and make it felonious?

I'm guessing it would depend on the threat you are able to articulate and how the prosecutor views gun ownership.

 

[cobber]

Somebody punches someone else out of the blue, he's rolling the dice...

 

[gregkl]

The article gives a brief blurb on what the Minnesota laws are on that subject.

How would Indiana law apply? Battery, okay, STRONG misdemeanor, but "forcible felony"? Maybe if there was a demand made "Gimme your money" or "I'm going to kill you"?

With the horrific damage that the "knock out" games has caused (comas, death, etc...), maybe we as a society need to redefine "battery" and make it felonious?

You are on to something here. Not too long ago, a guy got killed by being punched one time in the head. I would think that in Indiana if the bad guy way outsized you, you may have a defensible case to use deadly force to protect yourself.

 

[Mark 1911]

If someone built like Barney Fife punched me, might not pose much of a threat, the prosecutor might not buy into a self-defense shooting. If someone built like Hulk Hogan punched me, that would likely go down differently. As for the spectrum of possibilities in between those two extremes, could be a tough call.

 

[Robert Richardson]

Just remember that 1 hard punch from a Barney Fife to the throat can kill you rather easily. Just saying.

 

[singlesix]

Note the two very different witness accounts of the incident:

The witness said she saw Thompson punch Thao in the face, before Thao pushed back with one hand, pulled out a handgun and shot him.

Another witness, also in a vehicle, told police Thao fired "for no reason," according to an incident report.

 

[KLB]

Note the two very different witness accounts of the incident:

That is normal.

The guy that was shot apparently admitted he hit him.

At the hospital, Thompson told police he threatened and punched Thao because he believed Thao had stabbed him years ago. According to another incident report on the case, a police investigator told Thompson that Thao was not the same person who had stabbed him and that no arrests would be made that evening, to which Thompson replied, "OK, I'm cool."

 

[Disposable Heart]

You are on to something here. Not too long ago, a guy got killed by being punched one time in the head. I would think that in Indiana if the bad guy way outsized you, you may have a defensible case to use deadly force to protect yourself.

I don't think "disparity of size" comes into play with use of force in Indiana. The statute says about serious bodily injury, which I would imagine could come from ANY strike, especially to the head. I can't remember the IC on battery, but if you cause serious bodily injury, it's a felony I think. Someone more intelligent will come along and answer this.

While the knock out games are either tapering off or not reported as much, the fact remains: Someone starts hitting you, you should be able to defend yourself. However, if I go picking a fight, get punched, then shoot someone, I need to get the chair.

 

[MCgrease08]

Based on the story it sounds like he did everything right. He got sucker punched, so he fired in self defense. After the shooting he called police and waited for them to arrive.

 

[BigBoxaJunk]

That is normal.

The guy that was shot apparently admitted he hit him.

And he admitted that he and another guy were there to steal stuff also. They have honest criminals in Minnesota.

 

[JeremiahJohnson]

 

[Mark 1911]

Just remember that 1 hard punch from a Barney Fife to the throat can kill you rather easily. Just saying.

I agree. You can't tell how dangerous someone is from appearances. But how things are seen in a courtroom, that could be a different thing.

 

[BehindBlueI's]

I agree. You can't tell how dangerous someone is from appearances. But how things are seen in a courtroom, that could be a different thing.

Yup. MCPO does not support the idea of shooting to prevent a punch, unless there is some great disparity in force, a medical condition, etc. that makes it more "reasonable" to use deadly force. Other prosecutors may have different ideas, but I doubt it.

 

[dusterboy49]

Just another case of miscreant thinking he can just walk up to a person and assault them.

 

[Disposable Heart]

Yup. MCPO does not support the idea of shooting to prevent a punch, unless there is some great disparity in force, a medical condition, etc. that makes it more "reasonable" to use deadly force. Other prosecutors may have different ideas, but I doubt it.

What if they already threw the punch, made contact and one is rolling on the ground with a now swelling jaw?

 

[jbombelli]

Serious Bodily Injury includes unconsciousness.

 

[singlesix]

Yup. MCPO does not support the idea of shooting to prevent a punch, unless there is some great disparity in force, a medical condition, etc. that makes it more "reasonable" to use deadly force. Other prosecutors may have different ideas, but I doubt it.

25 yo punk vs. 50 yo old man ... is this disparity of force?