Weapons: CCW holder saves womans life

[Ch33zy]

http://www.freenewmexican.com/news/31883.html

Although, this line bothers me-
Police spokeswoman Officer Trish Hoffman said it appeared the shooting was justified. However, it will be up to the district attorney to decide whether Moore, a volunteer with the police department's cold case unit, will be prosecuted.

[meifunk]

I wouldn't worry too much. Since the guy had already stabbed her, it was clear that he had the intent to kill her. If the Police testify that they believe the shooting was justified, it will probably end with that.

Just because you do something out of self-defense, or defense of others, does not make you immune to legal scrutiny, including prosecution if an element of the story is not corroborated by testimony/evidence or if somehow he was breaking the law somewhere. I'm no longer amazed by stupid lawsuits. It's sad.

Chances are, after the investigation is closed the DA will review the file and opt not to prosecute.

[SWATJester_os]

Why? It's common sense. The DA will determine if Moore did anything illegal. If he thinks so, then a case will be brought to determine whether he did or not. We don't have vigilante justice....you shoot a man, you better have been in the right, and be able to prove to the world you were.

[akodo]

i think the police spokesman was simply making it clear who decided to prosecute or not prosecute these things

[Delta]

Why? It's common sense. The DA will determine if Moore did anything illegal. If he thinks so, then a case will be brought to determine whether he did or not. We don't have vigilante justice....you shoot a man, you better have been in the right, and be able to prove to the world you were.

The common sense approach works best here.

Lady getting stabbed to death.

Legally carrying weapon.

Legally defended against someone breaking laws, and saved someone's life in the process.

Case closed.

And if, on the off chance the life-saving man did break a law, I would still personally say that's vastly outweighed by the fact that he saved the woman's life.

[Shadow]

On indictable offense was being committed. Straight away, Moore has finds committing by witnessing this offense. He justified the use of force correctly, as he was in defense of another person, so he cannot be charged with assault with a deadly weapon/causing grevious bodily harm or murder/manslaughter. The ex-husband was using potential lethal force, and so the counter-action is the same.

[SWATJester_os]

The common sense approach works best here.

Lady getting stabbed to death.

Legally carrying weapon.

Legally defended against someone breaking laws, and saved someone's life in the process.

Case closed.

And if, on the off chance the life-saving man did break a law, I would still personally say that's vastly outweighed by the fact that he saved the woman's life.

I'm just saying that he DID kill someone, and the DA/SA whoever, is going to have to consider charging him...it's his job.

[CT]

THe first thing i was told when i got my CCW way back when: "If you pull it out, expect to be sued or spend some time in jail, justified or not."

One of the many reasons i have a lawyer on retainer.