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Stay Safe Street Tip #25 - "Good Shoot - Good Shoot?
Please
check the cited reference and make a copy for your file. Alabama is the 18th
state to enter into a Reciprocal Carry agreement
with the state of Florida. You may want to take a copy of the state memo,
"Concealed Carry" States dated August 1, 2001, when you travel.
Good evening Folks. Hope all are staying well and safe. There were two recent self defense shootings in the Tampa Bay area that I wanted to analyze for you. One was a textbook application of the use of lethal force in a self defense situation. However, I have my doubts about the other. Keep in mind that the "good guys" won each event. Before I get started, please consider bookmarking these three sites. The first is www.packing.org. This site provides an excellent reference for your travels throughout the United States. The second, http://licgweb.dos.state.fl.us/news/concealed_carry.html, is an exact address for the Florida Department of State listing of "Concealed Carry" States. The August 1, 2001, report has added Alabama so there are now 18 other states with whom Florida has reciprocity for concealed carry. The
third is that of Jon H. Gutmacher, Esquire. His site is www.FloridaFirearmsLaw.com and will provide legal updates when prepared.
"Armed intruder shot to death" St. Petersburg Times, August 9, 2001
A 47 year old man and his 43 year old girlfriend entered their Dunedin home at 11:30PM through their garage. The woman saw a man in the house and screamed. The intruder, who was dressed in black clothing from head to toe, ran at the couple with a firearm in his hand. The male successfully obtained his legally carried firearm and shot the intruder "several times in the upper torso." The intruder entered the house by breaking through a back window and had a lengthy felony record to include a dropped charge of Attempted Homicide in 1989. Both the man and his girlfriend recently obtained their CWP's this year apparently due to their involvement in the jewelry business. The police did not release how the man gained access to his firearm but it seems obvious that he had the firearm on his person. There was just not enough time to arm himself from any other source. In my opinion, this is a "Good Shoot." Remember the criteria we discussed in class: Ability, Opportunity and Jeopardy! The scumbag had the Ability (firearm) to either kill or seriously injure the man and the woman. Opportunity (charging the man and woman)existed since the attack was so imminent that it could not be avoided and both the man and woman could reasonably articulate a well-founded fear that they were in Jeopardy (facing a deadly weapon) of either being killed or suffering great bodily injury. Both the man and his girlfriend were shaken but alive and unhurt. A followup story a few days later indicated that the
scumbag may not have been alone. I cannot help but wonder if the man and his girlfriend had either an alarm system or Mylar Glass Gard.
"Exchange of bullets leaves Tampa teen seriously hurt" St. Petersburg Times
August 15, 2001
A 48 year old male funeral home owner received a call to transport a deceased person to his Tampa funeral home from a South Tampa hospital. He dressed and armed himself with a .38 revolver and drove to his business to pick up his hearse. As he pulled into his business parking lot, he saw two teenagers on bicycles circling suspiciously. The man "... parked. He opened the car door. He dramatically pulled out his gun, then placed it in his holster, hoping to intimidate them if they were up to no good." He was partially successful in that one of the teens rode off. As the man exited his vehicle, the other teen who was 15 years old, drew a .22 caliber gun and from a few feet away, told him to "Tighten up! Tighten up!" (surrender his property). The man drew his own gun but was struck with a .22 caliber projectile that penetrated his right shoulder through and through. The man then shot the 15 year old twice in the upper chest and once in each hand. He was captured a short distance from the scene, listed in serious condition and was charged as an adult with attempted homicide and attempted robbery. Don't forget "10-20-Life" so you know what the scumbag teen may be looking at! That can be a very long time when you are 15! In my opinion, this self defense shooting is very questionable. I know, I know - the "good guy" won that fight. I agree but was the situation one that could have been avoided? Let's review using the same criteria as the Dunedin shooting. The 15 year old clearly had the Ability
(armed with a gun) to either kill or seriously injure the funeral home director. The Opportunity issue is doubtful based on the newspaper story that he noticed "two teens acting suspiciously." Well, why didn't he simply use his head for more than a "hatrack", drive out of the parking lot and request law enforcement assistance before picking up his hearse? That takes care of the imminence of the offense and the customer could clearly wait! In addition, we all know that a car can outrun a bicycle! The third element, Jeopardy, becomes a little more arcane. I can clearly see that the situation immediately escalated, at least in part, because the man openly displayed his
firearm in an effort to intimidate a 15 year old armed robber. In teenage circles, that was disrespectful so what does the scumbag do? He starts shooting thereby forcing the man to return fire. Of course, the director was in fear of either being killed or seriously injured by a scenario that he may very well have helped to create. Personally, I do not like to give "intelligence" to the enemy and "flashing" your firearm to "scare" someone is probably not a real effective tactical move. Please remember, if you carry a concealed weapon legally, it must be concealed. It is always better to avoid a situation, if possible, then become involved in a shootout even if you win! Of course, the scumbag could have shot the man in the heart, throat, eye --- you get the picture!
Stay Safe! Norm
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