Daystar Clarion said:
I agree. What if the shooter simply pulled out his gun? Would the mugger have fled upon realising the danger to his life? Or even just a bullet to the leg. I don't think the shooter should be punished but this is a case of excessive force.
While I understand the sentiment behind a statement like this, it shows a fundamental lack of understanding of firearms, shooting, and the proper use of both.
1. There is
no such thing as "a warning shot." Every bullet goes somewhere, and if you're not controlling where, that doesn't protect an innocent bystander.
2. There is
no such thing as "shoot to wound." If you are shooting at someone it must only be with the intent to kill. You can't guarantee any sort of shot will be survivable, so you must be willing to kill every time you draw and fire.
3. When you are shooting at a target, training teaches you to aim for "center mass." That's basically the upper torso. This is NOT because it is more lethal (though it is). It is because this ensures the greatest chance of the bullets a) hitting the target and b) imparting enough energy to stop the target. The leg is an
extraordinarily hard target to hit. Almost as hard as hitting the head. Shooting at someone's leg is shooting to miss, except in movies.
4. Do not forget that there were
two assailants. Say he pulled the gun as a warning only... okay, which
one can he warn? What if while he's "warning" one, the other draws a weapon and attacks or shoots? An amateur with a knife can, in fact, take down a cop with a gun from within 25 feet--that's a pretty good distance--so if they were armed, both muggers were very real threats.
Why is the burden of proof on the victim at this point?
Here's what I mean by that. Typically, our "innocent until proven guilty" jargon (at least in the US legal system) means that we believe the defense in a case unless there is evidence presented to the contrary. We call this placing the "burden of proof" on the prosecution--in the event of a "tie," defense wins.
In the case of this incident, a man was out jogging and was
attacked. The burden of proof should be on the
attacker to demonstrate whether or not they are armed and/or dangerous. In the absence of any proof otherwise, the defense (victim) has every right to assume this person, who obviously
means them harm, came sufficiently prepared to do said harm.
You shouldn't have to wait until an attacker draws on you. That just doubles the body count.