Reverenddel wrote:Repeating this mantra:
"I feared for my life, He had a weapon, I would prefer to have a lawyer present at any further questioning. Thank you"
+1
Expect that they will keep trying to ask you questions, but you do not have to answer and you should not answer (at this time, get a lawyer). These are not magic words that prevent the LEOs from continuing to ask about the incident.
The hypothetical you've described does justify the use of deadly force, but how you employ that is up to you. For example, it may be wiser to throw your wallet and run or maybe not. Just because you legally can use deadly force doesn't mean you must. I believe it meets the legal requirement for deadly force response because:
Ability: The firearm or knife or other weapon (could also be a group not displaying a weapon, etc…remember reasonable person with ONLY the victims knowledge at the time of the incident) would consider the threats Ability to cause death or grave bodily harm.
Opportunity: The threat is right there and within a reasonable distance to harm you. The general rule of thumb for hand-to-hand weapons (i.e. non-ranged) is 21ft. That's not a hard number, but rather an estimate based on LE testing/drills. It's also the minimum a reasonably trained person, who doesn't have to remove concealment (e.g. OC like a LEO), can accomplish the defense. For the given situation, a reasonable person would conclude that the threat has opportunity to cause fear of grave bodily harm or death.
Intent: The threat has only asked for money, but their intent isn't just words. The implicit statement they are making with the deadly force (aka Ability section) is that if you don't comply they will use it. A reasonable person would consider the threat of the use of deadly force in this situation to be cause for fear of death or grave bodily harm.
Thus, I conclude that a reasonable person would consider there to be fear of death or grave bodily harm and thus, a deadly force response on the part of the victim is justified. Tactically it may or may not be the wise thing to do and some level of training or competition will help you understand your boundaries as well as balance accuracy and speed.
The AOI paradigm is a summary of the legality of SD in most states in the Union. It is not universal as some states/localities have all but banned SD, a few even expand it further (e.g. Texas & property). It's shorthand to assist the average person determine what is reasonable in a timely fashion, it is not a finer point analysis that your lawyer would do, but the conclusions (justified use of deadly force) would be the same. (Do I have to put this disclaimer on everything now?)
