Probably a “disparity of force” situation. If you are faced with a large powerful and violently angry crazy person who looks like he could break your neck without working up a sweat, the law doesn’t require you to fist fight with him when doing so would likely get you killed or crippled. The so-called “Chuck Norris Rule” is not part of the law, in Texas or anywhere else. You don’t have to meet an assailant with “equal” force, you just have to use “appropriate” force, appropriate in terms of what is necessary and therefore reasonable to keep yourself from getting killed or crippled under the circumstances. If you are of equal stature to your assailant and in vigorous good health you might be expected to use non-lethal force to repel the attack. Especially if you couldn’t articulate a reason to believe the assailant possessed any special abilities or attributes that would make him or her unusually dangerous to you. For example if you knew before hand that the assailant was HIV positive you could probably articulate a good reason for wanting to avoid the possibility of getting that person’s blood or other bodily fluids on you at all cost. Keep mind that things that you learn after the fact cannot be used to justify your actions under the law. But in the final analysis you don’t have to be totally right, you just have to be seen as having acted “reasonably” or rationally given the situation with which you were presented. Above all else you have the right not to be killed or crippled by the actions of another and therefore can do what is “reasonable” and rational under the circumstances to keep that from happening.
There was a similar case in a Milwaukee suburb several months ago where police officer were called upon to remove a large “emotionally disturbed person “ (EDP) municipal bus. The EDP was said to be a mountain of a man and the two responding police officers (one male and one female) were unable to subdue him physically. Witnesses to the incident said the EDP was beating the officers severely and throwing them around. Finally the officers were forced to shoot the man to keep from getting overpowered and suffering grievous bodily harm themselves.
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A concealed carry holder in Texas was forced to make a tough decision Wednesday to end a violent outburst after a man destroyed property and threatened staff.
It happened on the fifth floor of the Community Health Choice building at 2636 South Loop in Houston, TX where police say the violent man had an appointment with a counselor at a center for people with mental disabilities.
Authorities say the staff decided to reschedule because he said he wasn’t feeling well. The man left and came back within half an hour and had a “mental episode,” according to police.“Yelling, making demands, kicking on the doors, kicked in the glass door, totally damaged,” said HPD Detective Willis Huff. “Probably a frightening situation for many.”The staff, mostly women, felt threatened so they locked the doors. That’s when the man went next door to a tax consulting business. The owner of the business told authorities he became frightened when the man lunged at him, and that’s when he fired a single shot, striking the man in the chest, killing him.Carla Wilkerson was at a doctor’s office on the first floor when she learned about the shooting.“It was scary to me, it was. I was nervous but we locked the doors,” Wilkerson said. “We didn’t move until someone told us we could.”Wilkerson’s granddaughter works on the 9th floor of the building. She texted Wilkerson to let her know she was OK.A sign is posted saying “Open carry” is allowed in the building. The shooter had a license to carry, according to police.
No charges have been filed in the case.
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