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Old 10-01-2012, 07:39 AM   #53010
MeefZah's Avatar
Joined: Nov 2003
Location: New Philadelphia, Ohio
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Originally Posted by Danjal View Post
If you're pursuing someone to shoot them its not self defense. Once he chased it was over as sd.
Not always, and things are not always as they seem.

What if the truck driver was out of his vehicle, making verbal threats, then told the GS'er "I'm getting a gun and killing you!", and then began to run back to his truck? This after the road rage incident where the truck driver already displayed a tendency to violate laws and engage in aggressive, reckless, stalking, menacing, and assaultive behavior.

Would the biker be justified in going after the trucker and shooting at this point? The truck driver appears to be in retreat, and is currently unarmed. However, he has clearly demonstrated and voiced his intention to procure a weapon and kill the biker. Should the biker wait until the trucker gets the gun to engage him? Should the biker try and leave and then lose his ability to defend himself? Hard to dodge bullets even on a fast bike.

I would argue that this situation (as I presented) is a legitimate self defense shooting. I don't have enough info on the actual incident to render an opinion.
"A man turns his back on the comforts of home, and when the dust all settles and the story is told, history is made by the side of the road..." - DBT

MeefZah screwed with this post 10-01-2012 at 07:45 AM
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