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Author Topic: Law says self-defense ends when threat ceases  (Read 3762 times)

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Offline CactusCarlos

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Law says self-defense ends when threat ceases
« on: February 26, 2008, 02:04:36 PM »
http://www.fayobserver.com/article?id=286771

Quote
Law says self-defense ends when threat ceases


By Nancy McCleary
Staff writer
When Stan Moretti saw his wife being threatened by a man with a knife, he rushed to her defense.

He pushed through the door of Primo Pizza on Yadkin Road and fired two warning shots, Fayetteville police said.

The man dropped his knife and ran, police said.

Police say the 41-year-old Moretti then jumped into his GMC Yukon and chased down the man, identified as Aaron Lazarus McLeod. Investigators say that when Moretti caught McLeod, he ran him down, then drove his car over him twice more.

No charges have been filed against McLeod — who was in UNC Hospitals in Chapel Hill on Monday — but Moretti has been charged with felony assault.

A Fayetteville lawyer says that decision is in keeping with the state’s self-defense law.

A person can take action to defend himself or others, Jack Carter said.

“However, you do have a duty to retreat once that threat ends,” Carter said Monday. “You do not reinitiate contact or become the assaulter.”

Once the threat is ended, Carter said, self-defense is over.

Police said Moretti, 41, fired one shot in the air and one in the direction of McLeod when he saw his wife in danger.

Even though those actions could be construed as self-defense, Carter questioned the wisdom of firing randomly to scare off an attacker.

“You don’t know where they’re (bullets) going to land,” he said.

Under the law, Carter said, police are authorized to use whatever force is necessary. Police have the power to pursue a suspect, he said. Civilians don’t.

“A private citizen’s ability to use deadly force is much more restricted,” Carter said. “It does not allow you to chase (a suspect) down.”
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Offline djones520

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Re: Law says self-defense ends when threat ceases
« Reply #1 on: February 26, 2008, 02:10:47 PM »
I've got to agree.  At the most, he should have attempted to apprehend the person.  Running him over (twice none the less) was quite excessive.
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Offline ReardenSteel

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Re: Law says self-defense ends when threat ceases
« Reply #2 on: February 26, 2008, 02:23:20 PM »
Quote
“A private citizen’s ability to use deadly force is much more restricted,” Carter said. “It does not allow you to chase (a suspect) down.”

That's messed up IMHO. Although, the example above is clearly way to excessive. I think running the a**-hole down is fine (running over him twice more is probabley assault) then you sit on him until the cops show up. Meh, I don't know. Captain America should get probation but I have no sympathy for the yahoo who brought a knife to a GMC Yukon fight. Fudge him. (in the imortal words of Ivan Drago, "If he dies, he dies.")

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Offline djones520

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Re: Law says self-defense ends when threat ceases
« Reply #3 on: February 26, 2008, 02:25:51 PM »
Now what I really wanna hear is the people over at DU use this against the 2nd Amendmant.  "His right to carry a gun was abused when he...  ran this guy over...  with his...  truck...  BUT HE HAD A GUN!"
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Offline RightCoast

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Re: Law says self-defense ends when threat ceases
« Reply #4 on: February 26, 2008, 03:30:10 PM »
He should have just shot the ***er when he had the chance.  Warning shots are a waste of ammo.  To bad about the felony charge, gonna be hard to keep his sidearm after that.
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Offline Rebel Yell

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Re: Law says self-defense ends when threat ceases
« Reply #5 on: February 26, 2008, 03:55:51 PM »
That's bullshit.  I tell my wife, if we ever get robbed, let them take what they want.  My deer rifle is not that great up close, but I can neck shoot em from about 150yds. easy.  Then we'll go get our stuff, then we'll call the police.
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Offline mamacags

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Re: Law says self-defense ends when threat ceases
« Reply #6 on: February 26, 2008, 04:17:59 PM »
The only time the threat can end permanently is when the criminal is dead.  You are right he should have just shot the guy to start with.  Maybe he wanted to test out his 4 wheel drive though.
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Offline Chris_

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Re: Law says self-defense ends when threat ceases
« Reply #7 on: February 26, 2008, 04:19:32 PM »
Quote from: mamacags on February 26, 2008, 04:17:59 PM
The only time the threat can end permanently is when the criminal is dead.  You are right he should have just shot the guy to start with.  Maybe he wanted to test out his 4 wheel drive though.

Sometimes that damn reverse gear gets jammed when in 4WD.  This seems like a pretty good test to see if you can gear through appropriately.
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Online SSG Snuggle Bunny

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Re: Law says self-defense ends when threat ceases
« Reply #8 on: February 26, 2008, 04:56:16 PM »
I simultaneously concur with djones and RightCoast

I've got to agree.  At the most, he should have attempted to apprehend the person.  Running him over (twice none the less) was quite excessive.

He should have just shot the ***er when he had the chance.  Warning shots are a waste of ammo. 
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Offline NHSparky

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Re: Law says self-defense ends when threat ceases
« Reply #9 on: February 27, 2008, 08:10:52 AM »
WTF is up with warning shots?  Do people not realize that things that go up eventually come down?

The threat SHOULD have ended when 185 grains of .45 hollowpoint expanded in the perp's chest and made a nice hydrostatic hole out his worthless back.
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Offline Airwolf

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Re: Law says self-defense ends when threat ceases
« Reply #10 on: February 27, 2008, 12:41:39 PM »
Quote from: RightCoast on February 26, 2008, 03:30:10 PM
He should have just shot the ***er when he had the chance.  Warning shots are a waste of ammo.  To bad about the felony charge, gonna be hard to keep his sidearm after that.

He'll more then likely lose his right to own and posses after the trial unless he has a good lawyer and a clean record.
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Offline Chris_

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Re: Law says self-defense ends when threat ceases
« Reply #11 on: February 27, 2008, 01:10:26 PM »
Quote from: RightCoast on February 26, 2008, 03:30:10 PM
He should have just shot the ***er when he had the chance.  Warning shots are a waste of ammo.  To bad about the felony charge, gonna be hard to keep his sidearm after that.
definition of a warning shot...poor aim.
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Offline RightCoast

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Re: Law says self-defense ends when threat ceases
« Reply #12 on: February 27, 2008, 03:45:20 PM »
Quote from: lug-nut on February 27, 2008, 01:10:26 PM
Quote from: RightCoast on February 26, 2008, 03:30:10 PM
He should have just shot the ***er when he had the chance.  Warning shots are a waste of ammo.  To bad about the felony charge, gonna be hard to keep his sidearm after that.
definition of a warning shot...poor aim.


He missed a golden opportunity to punch two holes into his wifes chest and use the insurance money to get himself a nice 20 year old replacement.
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