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re: Asian store owner fights back. Thwarts robbery and stabs thug multiple times

Posted on 8/5/22 at 6:54 pm to
Posted by DeltaFishTiger
Member since Jun 2022
301 posts
Posted on 8/5/22 at 6:54 pm to
quote:

Deadly force in defense of oneself usually requires reasonable fear of death or great bodily harm. Pincushion there only hopped the counter and tried to grab some stuff before gaining some new holes. Hard to imagine the DA not charging our ninja, but hope he can articulate a reasonable fear via disparate physical strength, restricted area or whatever.

Let someone show up in your home or place of work masked up and start stealing shite and see if you don’t feel like you’re life is threatened.
Posted by GalvoAg
Galveston TX
Member since Apr 2012
10854 posts
Posted on 8/5/22 at 10:19 pm to
Not only that he had an open backpack in the front, you don’t know if there’s a gun in there.

That last stab you can see the punk go limp, don’t think he will be jumping over counters anymore.
This post was edited on 8/5/22 at 10:20 pm
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5728 posts
Posted on 8/6/22 at 12:33 am to
quote:

Let someone show up in your home or place of work masked up and start stealing shite and see if you don’t feel like you’re life is threatened.


The Louisiana law for justifiable homicide: LINK

quote:

A. A homicide is justifiable:



(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.


Let’s assume for the sake of conversation that 1) this law applies and 2) the perp did not display any weapon and did not do anything other than jump the counter and try to grab something to steal.

Our stabber has to articulate a reasonable belief that pin cushion was going to use an unlawful force against a person present in the place of business.

I’m all for thieves finding out, but you have to at least see the fine edge that the store clerk has to walk to defend himself. The video doesn’t show the stabbee doing anything aggressive or violent, just trying to steal something. Regardless what we think the law should be, the law does not generally recognize a justifiable homicide merely to prevent theft of property.

Imagine security or police getting to shoot every thief trying to run out of Walmart. Fun to think about, but not legal.
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