Lord Kloo said:
A) who the hell carries a revolver (with hollow point and a laser sight he must think hes a hit man or something..) going out on a late night run..? And its was a concealed weapon, who other than the police and the army carry licenses for a pistol and to also conceal it..?
In the US, pretty much anyone can get a handgun and a concealed carry permit, so long as they aren't a felon. State laws can make it easier or harder (some states require you be able to demonstrate you were educated in basic firearm safety before they'll let you sneak your revolver into Starbucks for good reason).
Hollow points are actually pretty much what you want in this situation. You do not want the bullets exiting the guy you're shooting at and entering someone else, like a bystander.
The laser sight might be excessive, but on the other hand he's only hitting 50% of the time at close range, maybe he knew he was a bad shot and wanted to ensure that if he was shooting at someone, he had a pretty good idea where the bullet was going to go?
Lord Kloo said:
B) who goes out on late night runs, just ludicrous..
Blaming the jogger for going jogging is ridiculous. Perhaps he works during daylight hours and only has time to jog when it's dark? Maybe he jogs from work to his home? Without knowing the details of his everyday life, there are no grounds to judge his jogging schedule.
Lord Kloo said:
C) if you have a license for said concealed gun then why isn't he trained to use it properly and knee-cap his attacker instead of shooting them, 4 times, in the chest..
Most self-defense courses teach you to shoot for the torso. It's a large target that is less likely to be moving around. And he fired eight times and only hit the torso half of the time - he might not have hit the knees at all, and if his attacker was armed as he thought, he'd be dead. In hindsight, we know the kid probably would have run away if he'd been missed eight times, but at that exact moment, the jogger did not believe that was the case.
Lord Kloo said:
D) these muggers were unarmed and posed a seriously limited effect to his life and so fatal force was unnecessary.
How exactly would the jogger have known how the muggers were armed? It's dark and they just hit him in the head, likely clouding his judgement. In hindsight, yes, it's obvious that they weren't going to shoot him with the gun they did not have, but it is all too easy to say how things should have gone well after the time has passed.
Lord Kloo said:
E) also carrying $500 in cash whilst on a run.. this seems extremely fishy to me, more fishy than fishy, McFish..
Yeah, that may have been stupid, although maybe he jogs after work to his home. Again, we don't know his situation, and in any case, it's still illegal to mug people regardless of how ill-chosen their actions are.
Lord Kloo said:
F) death is not a suitable punishment for battery, if it was then the death rate by state execution would amount to something like several hundred thousand per year whereas its only about 100 or more currently..
Agreed. Of course, the jogger thought this was going to be a murder during a robbery, and reacted accordingly. Perhaps the muggers should have first let the guy know that they were planning to rob him and were unarmed, rather than leaving the jogger's imagination to decide the scenario?
Or they could have not mugged him, so he didn't think his life was in danger and didn't open fire on them.
Lord Kloo said:
Overall, stupid that people are allowed to go around carrying guns like that and also that he has been let off for murder (or at least manslaughter) he has intent to harm and possibly kill and also he has killed someone so I would charge him guilty of manslaughter.. or at least if it had been in the UK that would have been the verdict.
It is the mail though so they probably over exaggerated the information..
It's the United States. We have much more relaxed gun control laws than the UK. Also, not sure you could get him on intent to anything besides not be killed, which turns out to be exactly why there was a law allowing for self-defense in the first place. Note that the kid who ran away wasn't shot (or shot at), because the guy was defending himself, not trying to rack up a kill count.