Ability, Opportunity, and Jeopardy. Did the attacker create all three elements which are needed to legally justify a shooting? My opinion, which is worth what you paid, is that Yes all three were met.
I was always taught to retreat in these situations and quite frankly, to never put myself in those positions. Something to be said for staying in your own lane, on the road and in life.
But, at the point in the beginning of the video, where the yelling starts, it could be argued that "Jesse" couldn't safely retreat without turning his back to the fat man and putting himself in grave danger, forcing his hand. Further, he was not the driver and did not have the ability to drive himself away.
In regards to disparity of force, that guy is almost two of Jesse. He had the ability to seriously injure that young man, the ferocity of the shove proves how powerful he is relative to "Jesse". That same push would barely move someone of equal size. Which also checks the opportunity element.
And yes, I would say that fat man is acting in a manner consistent with someone looking to inflict bodily harm. So it appears all three elements were met for a legal shooting.
The issue as others have stated are the shots to the back. Were they necessary? Had the threat ended by the time the back shots were fired?
Lots of questions from this short video. FWIW, I thought he flipped off the person in the black Nissan that drove away. And even though that wasn't true, Jesse walked and acted like he just validated himself and was super proud. Not a good look.
What no one likely told Jesse is that even if he is legally justified he will likely have to go through hell because of this. He will likely be arrested and booked, photoed-fingerprinted, locked in a cell, and in general treated like a POS criminal.
He will be in the newspaper, on social media, and possibly on the TV news. People will start threads on Snipershide and thousands will see the video and hundreds of responses will be generated.
His boss will find out and possibly fire him, it happens.
Will his GF/wife stick around for his trial when he is sinking all his money into paying for lawyers, stressed-out, and facing prison time?
He will 100% be sued in civil court by this man's family which will require he hire an attorney which will cost thousands of dollars he won't be able to get back with the possibility of being financially bankrupt for life.
Will he have PTSD?
Did the fatman have children, a wife he supported? Was he caring for an elderly parent? Did he have any value to society?
For these reasons and more, I always say retreat if possible and equally important, don't seek out these situations. Because ultimately, it's not worth the hassle! And to those who say this is a cowardly way to act, these lessons were taught to me over a lifetime by men who have had the country's highest level of military training and have put that training to work.
Driver kept calling the big fella “sir”. Seriously
you should have Polyanna for your avatar.
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