In that moment, what would YOU have done? You don't know, because you have never been in that moment. Unless you have and have not told us. Adrenaline, fear of one's life, etc etc. If that was Florida in the 2000s, cut and dry case. Forcible felony stand your ground shit. You were allowed to use deadly force to protect property. I do not know what it is now, and I am sure this case does not have such protections.
My comment was from the legal perspective.The thief was stealing stuff off the shelf not even looking at the clerk and the clerk from a safe distance behind the counter charged the thief with a knife.
But there is always a human perspective. The clerk told the guys to leave, and suddenly the guy jumps the counter. Maybe it would have behooved the clerk to make a statement like, "If you jump this counter to try to rob this store, I will respond with a weapon." But who can ever think of saying such a thing when the adrenaline is pumping and things happen that quickly. On one thing I agree with...The final shot to the neck seemed a bit excessive, but again, this is that wafer thin line.
I believe the clerk said the ski masks made the robbers appear more threatening, increased the threat in his mind that they might be armed. Small time shoplifters don't tend to wear ski masks.
you are allowed to stand your ground to protect your home/property. This not so clear in a store where someone is stealing property and not attacking you.
Again this is how the law reviews things. the guy jumped the counter to steal something. the other guy ran off. the clerk could have ran out the store and called the cops. the law will always look and see if you had an easy means to avoid murder. Again the clerk was off to the side when the dickhead jumped the counter to grab something and the guy stabbed him 5 or 6 times and then when he was turned he buried the knife into his neck. It is easy to sit here and say that the robber played a stupid game and got a stupid prize but the law sees a murder occurred and has to decide 1) was it justified; 2) what precedent does it set. That is why this is not so cut and dry.
Indeed. I have jury duty in 2 months, and I pray it is not a criminal case like this. Cases like this push the boundaries of intellect.
Not even that.... some of the people that make it through the vior dire process to get into a jury are dumber than a politicians shit...if you sit on a jury you will look around the room and wonder how some of these people made it to the court house.
I already had some jury duty back in NY years ago, it was a punitive damages judgement deal. I remember the process, I just hope I don' get one of deez guyz.