On Tue, 31 May 2011 15:15:10 -0500 Greg Jacobs <[email protected]> wrote:
> > The pharmacist pursues the fleeing suspect. Not necessary, but > > chasing a felon is allowed. The pharmacist fails to catch him and > > re-enters the store. > > Apparently, after retrieving a second handgun, the pharmacist fires > > a /coup de grace**/shot or shots into the previously downed felon. This reminds me of the case of Inez Garcia. https://secure.wikimedia.org/wikipedia/en/wiki/Inez_Garc%C3%ADa I recall that case because PBS made a docudrama about it and I happened to know the actress who play the Inez Garcia role. Key in the Garcia case is that it was some four hours between the rape and the shooting (not mentioned in the wikimedia article). As I understand things, Garcia's motive for shooting Jimenez was not the knife but the rape. The first court held (again, my memory) that the shooting was not self defense because it was well after the rape. It seems to me that self defense is, well, defense of one's self and one's own (which may include one's own store or one's place of employment). Absent a clear threat, in both cases the shooting in question is not self defense. In your case, I construe from the fact that the pharmacist was willing to leave the store to chase the other perp either that he did not consider the downed perp to be a threat to himself or his own or that he did not consider the point. In Garcia's case, the culture of the Soledad area was such that she could reasonably expect Jimenez to return and further threaten her, and she could reasonably expect that the police would not protect her. That being so, and knowing nothing more about your pharmacist's local society, I have more sympathy for Garcia than the pharmacist. -- Charles Curley /"\ ASCII Ribbon Campaign Looking for fine software \ / Respect for open standards and/or writing? X No HTML/RTF in email http://www.charlescurley.com / \ No M$ Word docs in email Key fingerprint = CE5C 6645 A45A 64E4 94C0 809C FFF6 4C48 4ECD DFDB _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
