I have a close friend who was stabbed, his lung punctured, and had a trip to the emergency room. When I asked about the perpetrator, he said "He is such a nice guy when he is not drinking."
-Dean Weingarten- Gun Watch http://gunwatch.blogspot.com/
Another interesting case. Attempting to hit someone with a log would be assault with a deadly weapon in most states. Especially if the assault was carried out pursuant to the commission of another crime, like a theft or robbery. Basically you have the right not to be killed, so provided you didn’t start the altercation, the law allows you to use lethal force to prevent from being killed. Especially if it is apparent to a “reasonable person” that only lethal force, in this case a gun, will work to keep you from being killed or suffering grievous bodily harm under the circumstances. The so-called ”Chuck Norris” rule doesn’t apply. That is you don’t have to meet your assailant’s attack with equal or equivalent force or weapons, as in a duel or a Chuck Norris movie, in your effort to keep from being killed. In fact dueling is against the law in most jurisdictions.
TUCSON — The Pima County Attorney’s Office says it’s not pursuing criminal charges against a Tucson man who ran after a beer thief and fatally shot him after feeling threatened.
The man hasn’t been identified but police records show he fatally shot 46-year-old Gerald Ramon in November after chasing him from a convenience store where Ramon was spotted leaving with two 24-packs of beer without paying.
The man followed Ramon past a busy intersection and to the back of a restaurant where he persuaded him to give the beer back. Ramon then grabbed a large log from the ground and charged at the man with it.
The man fatally shot Ramon. He said he was acting in self-defense because Ramon was acting aggressively.
Ramon’s relatives said he was a kind man but struggled with alcoholism.
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