and is now charged with voluntary manslaughter.
Police say Glover and Tart forced their way into Hillis’ home and threatened Hillis at gunpoint.
Hillis then pulled a gun, and fired shots as Glover and Tart were running away, police say. Glover was killed.
Last edited by LittleLebowski; 08-25-2015 at 07:25 AM.
#RESIST
Just because they are running away does not make them any less of a threat.
WinnerOriginally Posted by ffhounddog
"No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776
Better read up on your state statutes. He shot at them in the house and had he dropped them there it would have been a good shoot. His mistake was following them outside and continuing shooting at them. Generally speaking only LE gets to shoot at fleeing felons.
http://www.cleveland.com/akron/index..._shooting.html
Last edited by Hambo; 08-25-2015 at 08:06 AM.
"Gunfighting is a thinking man's game. So we might want to bring thinking back into it."-MDFA
Beware of my temper, and the dog that I've found...
FailHillis ran outside and fired several shots.
The duty to retreat is not absolute. It does not mean you have to take an ass kicking before defending yourself with deadly force."Self-defense is an affirmative defense but people have a duty to retreat when they're outside the home," Morgan said. "The only place they don't have a duty to retreat is inside the home."
It's not from ORC, but I found a legal blog on the topic.
http://ohiocrimlawblog.com/tag/duty-to-retreat/In Florida, even if you are capable of retreating safely and avoiding the attack, you may still use whatever force is reasonably necessary in order to thwart the potential harm. Run to your car? You may, but need not do so. You are permitted to meet the force with force no matter the available alternatives.
This is fundamentally different than Ohio’s law on self-defense. If you are out on the street and accosted by someone, but have the means to run away, you must do so. Only when the use of force is your only alternative will self-defense be found legitimate by a jury.
"Gunfighting is a thinking man's game. So we might want to bring thinking back into it."-MDFA
Beware of my temper, and the dog that I've found...
As I recall, Mas made a similar point in "In the gravest extreme". Once the intruder begins to flee and is no longer an obvious threat, the conflict is over from a legal standpoint. Any attempt by the homeowner to pursue or continue firing makes the homeowner the new aggressor.
The truth is that sometimes shooting someone in the back is absolutely self-defense, other times it is not, and when you are frightened and your adrenaline is flowing, you are probably not in the best state to make such judgments.
So usually the cops and prosecutors will turn a blind eye to such shootings, though sometimes they can't or don't. There is no way for us to tell what the real circumstances were here, but I can't help but think that it was the home invaders who caused the problem and it isn't unreasonable they should bear the consequences of their own conduct.
Retreat is situational. Retreating and being pursued changes the dynamic from a reasonable person's pov. So does retreating (or trying to do so) from multiple attackers, etc, etc
As we tell our students in class who are not police officers....if the bad guy flees, you won, and it is a good thing. Let the police go find them.
Just a Hairy Special Snowflake supply clerk with no field experience, shooting an Asymetric carbine as a Try Hard. Snarky and easily butt hurt. Favorite animal is the Cape Buffalo....likely indicative of a personality disorder.
"If I had a grandpa, he would look like Delbert Belton".
Reply With Quote