My Walmart Adventure

[rpsmith]

Originally Posted by Jettubby

I remember a story years ago where a young girl was being raped at gunpoint in central park in the middle of the day. There were lots of people around and everyone just looked the other way because noone wanted to get involved. The young girl pleaded for help but noone would do anything. They just looked the other way. Disgusting. I vowed after reading that that I would never just look the other way.

stopping a violent assault is totally different than stopping a purse snatching.

[PackerfanXD]

Originally Posted by eric_t12

Packerfan,

you're my hero *floating hearts*


congrats on the attempt, its more than many would have done....

Thanks!

[one-eyed-fatman]

Some have the balls to take the bull by the horns and some don't.

[rtparso]

Originally Posted by longtalltechsan

It reminds me that some people in this world haven't become total pussies. .

Sorry to all the don't get involved crowd. WHAT HAPPENED TO DOING THE RIGHT THING!!!!!!!!!!!!!!!!!!!!!!!!!!
Glad all the solders that fought for your freedom did the right thing.

[jtkratzer]

Originally Posted by Cannibul

A car is a deadly weapon. If someone tries to run you over you have the right in many states to respond with deadly force.

Do you have the right to respond with deadly force when you placed yourself in the path of the vehicle?

[one-eyed-fatman]

Originally Posted by jtkratzer

Do you have the right to respond with deadly force when you placed yourself in the path of the vehicle?

Oh great another excuse to run away.

[Maddcat1]

Nice effort on trying to stop the thief. You should go further and become a LEO. I, myself, am considering becoming one Youre either an AmeriCAN or AmeriCant

[one-eyed-fatman]

Originally Posted by invssgt

Glad you're OK Packer; good on you for trying to help out. Just keep one thing in mind...some of these bastards will run a cop down in full uniform, with a riot gun in his hands. They ain't goin' back for that 3rd strike and a fella with a gun, cop or not, is just an occupational speedbump as far as they're concerned.

I'm glad you didn't fire any shots. Your life would have become grossly complicated and the word 'lawyer' would probably have replaced 'beer' and 'TV' in your vocabulary for awhile.

Damn shame when the people have to be more afraid of the law then the criminals are.

[DanTheEldest]

Holy crap....I'm gone for a weekend and everybody starts getting delusions of grandeur.


Good for you, Packman, both for throwing a small amount of monkeywrench into the scumbag's plans, and for not getting yourself killed.

[gsh341]

Originally Posted by one-eyed-fatman

Oh great another excuse to run away.

I see that as a legitimate question, not as a snide remark.

This is a tricky situation.

South Dakota Jury Instructions as pertaining to this case are as follows.

Under certain circumstances it is lawful to use or attempt or offer to use force or violence upon or toward the person of another. The force or violence may be employed under the following circumstances:
1. In preventing or attempting to prevent an offense against a person; or
2. In preventing or attempting to prevent any trespass; or
3. In preventing or attempting to prevent unlawful interference with the possession of real or personal property.

As per SDCL 22-5-9 and SDCL 22-18-4

and

One who is the aggressor in starting a physical combat may gain the right of lawful self-defense under certain circumstances. If in good faith the aggressor declines further combat, honestly endeavors to desist and fairly and clearly informs the adversary of the desire for peace and that the combat has been abandoned, and if the opponent continues the affray, the original aggressor's right to self-defense are then the same as the rights of any person assaulted by another.

State v. Woods, 374 NW2d 92 (1985)

So you were trying to prevent the theft, which is a valid reason to use force in South Dakota. However, the BG was tring to escape and you blocked his path and were armed. This might have made you the agressor and made any shooting into unlawful use of force.

I am NOT a lawyer or a judge. Considering the situation and the information I showed above, I would ask a lawyer and be certain of where your rights are in this situation.