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Probably right, Primo. It'll depend on what he says he saw and what any video/witness evidence reveals.
Re: "shot the man as he was running away" -- Not smart. He's in trouble. -- Russ Walden Post Reply Top of thread Forum

Posted by: LateForLunch ®

02/10/2018, 10:30:12

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Very narrow circumstances allow one to shoot someone when they are running away from you. 

If you have reasonable cause to believe that they have committed a felony, you may shoot someone to prevent them from escaping in some states. Stealing beer is not a felony. 

A better reason would be the belief that the suspect was not running away purely but also preparing to use a deadly weapon (such as shooting over one's shoulder as one runs away, or preparing to stop and turn to shoot at you). 

The critical factor is whether Said had reasonable cause to believe that he had no alternative at that moment, except to shoot the fool.

Since the thief apparently had no gun, it will be difficult to convince a judge/jury that Said thought his life was in jeopardy to the extent that he could not have made himself immediately more safe by any other means. 

All that being said (heh), I'd bet the shooter is convicted of the assault but a civil damages suit by the "victim" might be a long shot. I'd also be willing to bet that's the last time the fool who was shot does a grab-and-run for awhile. 

I have heard that being shot stings a lot.  

Modified by LateForLunch at Sat, Feb 10, 2018, 10:35:41

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