Drew Firearm on someone for first time... detailed account

[ricky]

First time poster here, sorry for the lengthy story, but I just need some reassurance.
At 8 PM I was having dinner with my wife. We live on five acres and have 1 neighbor who is very quiet. Rural area, house is set at rear of property. We were eating and heard yelling, seemingly from in our yard (very disconcerting considering the rural location). Alarms went off in my head my first thought was make sure I was armed. I grabbed my G19 off the counter and went outside. The yelling stopped for a moment, and from there I was able to see a figure walking alongside the road in front of my gate. I then heard squealing tires and saw a mini van making a U-Turn in the road speeding towards the individual walking. At this point I was running up to the front of the property as the van jerked in front of the individual walking (which I could make out as a woman at this point) forcing her onto our property. I was about halfway to the front as I saw the driver (a male who seemed to be on drugs from actions and speech) get out of the van and grab the woman by her hair and knock the hell put of her. (Little side not to the story I am recovering from an appendectomy as well) I am in no form to be in a physical altercation, and along with that I had my pistol with no holster, the man drew back to hit again as I was approaching approximately 12 yards away, I yelled and told him to stop. He proceeded to hit her again and acted as if he was going to slam her head into the side of the van at this point I aimed the pistol at the man and repeated yelling that I will shoot if he does not stop. At this point he turns towards me and starts walking extremely fast, I back pedaled to keep a somewhat comfortable distance. This man was wearing baggy blue jeans and a baggy long sleeve shirt on a 95 degree day in Florida heat. As he was walking towards me in an aggressive manner he picked up the front of his shirt exposing his waistband, at that moment my finger moved to the trigger for the first time, I thought there was going to be a weapon of some sort, especially considering that I had this man at gunpoint and he continually advanced. His focus was no longer on his wife, it was now on me. As he was advancing I told him if he took another step I was going to shoot. At this point, he stopped, my finger came off the trigger. He then reached into his pocket and my finger went back to the trigger, he pulled out a cell phone. At this point we are 3 yards apart. My wife then pulled up in her car to find me holding a man at gunpoint after having no idea what was going on except for the yelling. I told her to call 911 and stay in the car. At this point the gun was still on the man, finger off the trigger, he turned and walked starting to go down the road at this point. During this the woman was yelling to stop that was her husband. From the way she acted and spoke as well I could only assume that she was also high. After he started walking away this woman ran and jumped into the drivers seat of their car, which worried me a little bit as I have no idea what was in there. I got to the drivers window which was cracked and there were no visible weapons at which point the gun was just held in my hand. I asked if she was okay and her response was incoherent. At this point my wife had gotten out and gotten the tag number and the lady drove and picked the man up. At which point I realized what the hell had just happened. We went and finished our dinner. I had a beer and a smoke to calm the nerves, at which point we got a call from the responding police officer, who never came out because they had already left. I gave him a brief description the altercation (only saying that I heard yelling in my yard armed myself, and went out and diffused the situation) a description of both people, the vehicle, and the tag number he said he was going to try and track them down and said thanks for the help. This was last night, haven't heard anything else about it.
This was in Florida in which I have no duty to retreat, and am authorized to use deadly force if I am in fear of imminent death or great bodily harm to myself or a victim, I can't help but question my own actions, what could I have done differently and should I be concerned about possible aggravated assault charges? Thanks for reading.

[GJM]

If you are still in the 30 minute edit window, I would seriously consider removing this post, and instead consult a lawyer where your communication would be covered by attorney client privilege .

Regardless, an alternative for many reasons would instead to of been a good witness after calling 911.

[RoyGBiv]

If you are still in the 30 minute edit window, I would seriously consider removing this post, and instead consult a lawyer where your communication would be covered by attorney client privilege .

Regardless, an alternative for many reasons would instead to of been a good witness after calling 911.

Good advice.

[shane45]

I wrestle with the "good witness" approach to bad people doing bad things to other people. I understand all you risk by intervening. But I do not believe I would be able to stand by and watch a man beat a woman, child or animal or someone incapable of defending themselves.

[gtmtnbiker98]

I wrestle with the "good witness" approach to bad people doing bad things to other people. I understand all you risk by intervening. But I do not believe I would be able to stand by and watch a man beat a woman, child or animal or someone incapable of defending themselves.

Unless you wear a badge and are paid to intervene, it's really not your place to intervene.

Also to add, chalk this thread up to another one of "those" threads.

[Josh Runkle]

You are publicly admitting to felony assault with a deadly weapon. In many states, self defense is a justification for the assault. Essentially, you would admit you broke the law, but then you would provide proof as to why you did so.

However, you are admitting publicly to committing a felony, but your "self-defense" is your word and your wife's word against his word and his wife's word.

I'm not an attorney. I suggest that you speak with one immediately.

https://en.m.wikipedia.org/wiki/Assault

[Mitchell, Esq.]

I wrestle with the "good witness" approach to bad people doing bad things to other people. I understand all you risk by intervening. But I do not believe I would be able to stand by and watch a man beat a woman, child or animal or someone incapable of defending themselves.

Can we define intervene?

Call the police?
Call the police and let them bad guy know we called the police?
All of the above and record the incident?

Not all intervention needs to be violent. Not all of it needs to be active. Some of it can just be interrupting the situation by causing someone to realize the po-po is on the way.

Everyone wants to be the hero. Everyone wants to be a sheepdog.

Well...a hero is a sandwich that gets eaten and a sheepdog is a disposable animal to the farmer who replaces him after the wolves tear him up.

Questions to ask prior to intervening:

Is the problem your problem?
Can we do it from a position of safety?
Can we do it without risk to ourselves?
How much is the problem worth to you to be involved?
How much is the problem worth to you to solve it your way?

[JCS]

I'm curious what the cop said to you about drawing your gun on him?




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[GJM]

Since you didn't remove your post by editing, I assume you are looking for honest feedback. Here is mine.

1. Call 911, describe yourself so you are not presumed to be the bad guy.
2. Make a plan for your family if the man and woman turned on you, and took your firearm.
3. Consider whether recovering from a surgery is a good state to intervene in.
4. Get a holster.
5. Don't point guns at people you aren't in the process of shooting.
6. Keep your finger off the trigger until you have begun the process of shooting.
7. Consider that this is not the first time he has harmed his "wife," and that she will almost certainly be a witness supporting her husband against you.
8. Don't make one statement on-line, another to the police, and highlight the difference on-line.
9. Don't ask for legal advice on-line about a crime you may have committed.
10: Consult a lawyer so your communications will be covered by attorney client privilege.
11: Consider that the woman could have pulled a knife or firearm and attacked you.

That is a start.

[Glenn E. Meyer]

This was in Florida in which I have no duty to retreat

This is a problem with such laws. Not that they exist but they convince some that they shouldn't retreat. I recall a class from John Holschen where he stated that one problem with folks that hold people at gunpoint is that if the person doesn't comply, the gun holder advances and yells louder. The law has some folks thinking it is righteous and the best idea to stand there when you might get out of there or increase distance from the threat. John had us yelling whatever as we move away from the bad person.