Wife approached in vehicle

[netsecurity]

I would make her think through what happened if she was armed and pulled a gun when she could've drove away. Charges for brandishing a weapon, maybe a misdemeanor? And if she fired and missed, even worse, probably felony charges. Now, if she actually shot the guy, right or wrong... she'd be getting an attorney like George Zimmerman, and would probably loose her job/life as she knows it. Imagine being in his shoes.

I carry a gun and I will use it if necessary, but it would have to be a situation where, if I didn't pull my weapon the outcome would be worse than whatever legal ramnifications occur. I'm okay with going bankrupt and even spending time in prison, if I can prevent myself or family from being mamed or murdered.

 

[MagicKev]

Who says she could have instantly driven away? Seems there was plenty of traffic. Why else was she still there?

 

[patience0830]

STAY IN THE CAR....

gotta decide. Am I gonna shoot? Or am I gonna drive. Can't do both. Better to make 3 right turns to get where you need to be than to have to shoot some #$&(%^hole and have to deal with the aftermath of that just because he lost his cool.

 

[SSGSAD]

Stay in vehicle and try to get away from the immediate risk. Getting out of vehicle is asking for trouble.
IF stuck in one spot, lock doors, windows up, and have plan B cocked and locked just in case.
You didn't mention seeing a weapon on the person approaching your vehicle????

This is what I would do .... the other person, doesn't even have to know I have plan "B" in MY HAND .....

 

[MikeDVB]

Who says she could have instantly driven away? Seems there was plenty of traffic. Why else was she still there?

Nobody said she could, just saying it's better to avoid in this situation if it's possible.

Without being there, it's impossible to know every intricate detail of the situation.

 

[MagicKev]

top post on this page:
"I would make her think through what happened if she was armed and pulled a gun when she could've drove away."

Unless I am misreading it...that's exactly what netsecsvc is saying.

 

[jon5212]

I would have tried to drive away first, if I couldn't go anywhere I'd definately have my weapon at ready on my side, but I'd probably just pepper spray his dumb *** and laugh.

 

[sloughfoot]

Left turns onto a busy roadway are extremely dangerous and are avoided by all professional drivers including UPS and FedEx delivery drivers. She, and all of us, would be wise to follow their lead on this.

How would a gun in her hand have resolved this? By killing the other guy? For yelling at her? She has children that need their mother in the home, not in prison.

By the description, there was no threat to her life or the childrens lives. It sounds like she responded to his anger with the appropriate response because he backed down.

 

[Ridgeway]

As had been said a gun should not have come into the equation. She had an avenue of escape by turning right. even without a duty to retreat in a self defense situation.it may be preferable. Lowering the window and yelling could escalate the situation.

I had a similar incident years ago. Fellow got out of car and ran at me. Looked like he was going to kick the door or punch the window. I had an avenue of escape and took it. drawing and shooting is an absolute last resortagainst imminent grave harm or death. Why leave a vehicle capable of safely removing you from the situation?

Even if she had to wait to turn. There was no immediate risk of death or grave bodily injuryat that point.

 

[Luke76]

Charges for brandishing a weapon, maybe a misdemeanor?

There is no brandishing law in Indiana. Only a law against pointing a weapon at someone which is a felony if it's loaded. This is only if you are not acting in self defense though.

IC 35-47-4-3
Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.

 

[beararms1776]

It's a good thing she wasn't armed. Now if the road king had a tire tool bashing in the windows, well, that could possibly require a different action.

 

[7.62]

I agree with what most others said. Get lots of training before she even thinks about getting a gun....you can't shoot someone because they yelled at you....good way to get a obey way ticket to prison. In meantime look into non lethal options. Glad to hear she's ok and the guy didnt do anything too crazy.

 

[longbarrel]

I would not pull gun on him.. Unless I planned on killing him. Trying to back someone off leave too much time for other things to happen. Also, unless he is making me feel "unsafe" in the safety of my own car, there is no reason to get out and threaten him. JMO

 

[VaGriller]

Can you legally roll your window down and pepper spray somebody thats yelling at you?

She could have made it a lot worse by calling the guy an Ahole. My wife just ignores them completely.

 

[beararms1776]

Can you legally roll your window down and pepper spray somebody thats yelling at you?

She could have made it a lot worse by calling the guy an Ahole. My wife just ignores them completely.

1. I wouldn't think it's legal to pepper spray someone over words.

2. Good choice on your wifes part by ignoring them and just move on.

 

[jdwhitak]

Someone correct me if I'm wrong, but isn't there a duty to retreat when out in public? Even if there isn't I would try to get away first. In the situation described by the OP I would definitely stay in the car. Shooting someone should always be the absolute last resort. You will have a much stronger case in court if you afforded someone opportunities to save themselves.

 

[beararms1776]

Someone correct me if I'm wrong, but isn't there a duty to retreat when out in public? Even if there isn't I would try to get away first. In the situation described by the OP I would definitely stay in the car. Shooting someone should always be the absolute last resort. You will have a much stronger case in court if you afforded someone opportunities to save themselves.

I believe in IN., there's no duty to retreat. It makes sense to. Why should you have to move just because an aggressor wants to be an a**hole, especially when it's not feasible to move. Totally understandable if it's a EMS, LE or a rescue situation but joe public can just wait his turn.
With that said, if at all possible, by any means, it's still best to avoid it and just move on.

 

[jon5212]

I believe in this situation a warning to the perp that he's about to get pepper sprayed if he doesn't leave would be just fine. You don't know if he's got a weapon or not. Especially if you can't move your vehicle anywhere. I believe a police officer will believe an upstanding citizen with a child in the car over some a**hole who can't keep his mouth shut.

 

[cobber]

Personally, the second he got out of the van and started walking towards me - I probably would have tried to turn right and get away from the looney. There's no sense in putting yourself at risk/in danger for over a slight inconvenience.

Why do we need a stand your ground doctrine, then? Let's just call it a day and say a reasonable person has a duty to retreat, whether confronted with a serious threat or an annoying cretin.

Screw this guy. I'm turning left. He can wait. If he attacks me or my car, he has problems.

 

[revance]

What good is OC in this scenario???

You would be stupid to put your window down to use it. The only way the window should open is if the other guy is breaking it... in which case I am NOT going to use OC.