It's hard to tell from the video if the clerk KNEW it was a BB gun or not. I'd say he most likely knew, or the other guy would have had a much worse day. I'd say the clerks level of force was commensurate with the situation at hand…mostly. Pistol whipping is just about NEVER a good idea, but other than that, he seemed to handle the situation very well.Who thinks the clerk should have shot the robber and if so, why?
I seem to recall our old friend Mas having a colorful quote about the ultra-light J-frames... probably mangling the opener but it was something like, "As I look at my Airlight Ti and Airlight Sc, it occurs to me that if I'm going to DELIBERATELY do something that hurts like hell, I might as well just go down to Mistress Fifi's House of Pain and at least get an orgasm out of the deal." (It was in Gun Digest Book of Combat Handgunnery, and might've crossed over to Book of COncealed Carry as well.)Unless you're carrying a Scandium J frame in .357 Magnum. Then the person who does the shooting only comes out slightly better than the one being shot
If he thought the robber's gun was real, I think he should've shot as soon as he presented his own gun.Who thinks the clerk should have shot the robber and if so, why?
I don't recall the recoil but I swore I fired just twice...I fired three. I guess my training kicked in and I continued shooting until the threat ended. I went home, he didn't. His choice, not mine.I believe it, Charlie. My little Model 60-15, even with some fairly nice grips, still kicks like hell. The screw holding the rear sight to the frame shot loose after one cylinder full. A little Locktite and no other problems but sure no FUN.
I don't doubt that you might not notice recoil in a lief or death situation. I have talked to a couple of deputies that stated they didn't even hear the shots really.
Very good points. The perp could have found himself dead quite easily, and looking at the video the clerk would have had a pretty much air tight case. Police shooting people with non-guns sets a clear precedent. Often stupid hurts…in this case, the Good Lord suffered the fool.I asked the question because it brings out some very sticky areas of defensive shootings...
The real issue lies with the clerk. The robber has already made his intention clear so it comes down to what the clerk "reasonably Believes". It matters only in hindsight because the action of the clerk can only be judged on what he reasonably believed at the time.
Since we don't know that there is no right or wrong answer from us but if the clerk believed that he was at risk or death or serious bodily injury the use of deadly force is lawful.
Yeah, Charlie. And if there is one thing I have learned in the last 20 years, it's that people seem to have a compulsion to talk about things that common sense would dictate should be kept a secret. It isn't CSI forensics that solves most crimes...it's the fact that people can't keep their mouths shut. (thank God)But heaven help the poor clerk if he knew it was fake and someone found out...