Hypothetical question about using firearms in self-defense -- would I go to jail?

Question

My fiancee and I live south of a gun-free University campus. Our favorite bar is north of it.
We are walking back home drunk after a night out, and some meth-head points a gun at us and demands all our money. We oblige.
Then he flicks the gun sideways as he tells me to move. Hoping he won't hurt us, I obey again.

Now that I'm away from him, he points the gun at my fiancee and makes her strip. He leaps on her and begins to penetrate her.

I can't take it anymore, so I sneak up behind him and kick the gun from his hand, hoping it doesn't go off and shoot my fiancee. I grab the gun, point it at him and tell him not to move.

He lunges, so I shoot him.

Cops hear and come running. I drop the gun at the first sight of flashing lights, but my prints are on it.

When they question me, I tell the truth.

So they slap cuffs on me and charge me with felony possession of a lethal weapon while under the influence of alcohol and on a college campus.

Should've run to Mexico, huh?

Answer 1

Use of lethal force is usually only allowed to prevent other use of lethal force, or equivalent harm. Rape generally qualifies as sufficiently bad to justify the use of lethal force to stop it, if there are no other reasonable alternatives readily available.

As far as using the gun after he lunges, since he initiated the conflict with use a deadly weapon, and you attempted to use non-lethal means up until the last, that also likely justified.

So, in the example above, if I were the defense attorney, I'd assert two justification defenses: "defense of others" for picking up the gun and "defense of self" for firint it. I'd raise the claim that my client's use of the firearm was reasonable and necessary to prevent felony rape, and self-defense where the rapist was the initial aggressor using lethal weaponry. And hope for a sympathetic jury.

The arrest was proper, but a conviction is not very likely given the circumstances.

Answer 2

The sensibilities of the police and the courts are different for all areas, but as you describe it I would be surprised if you got cuffs slapped on you. In that "hypothetical" you were acting to stop a serious physical harm/violent felony being committed against your girlfriend.

What I always tell people when they ask "what if I shoot so and so" questions is it will eventually boil down to a decision made by 12 citizens in your community. It will either be decided at a grand jury proceeding, or if it goes that far at a jury trial. In most cases if a police officer shoots someone; even say a guy charging him with a machete or some other obvious kill scenario. That incident goes to a grand jury and is presented for them to no bill the incident and say the officer's actions were justified.

If your scenario happened where I live and work you would certainly be answering a million questions. Your girlfriend would be telling the police how she was being brutalized and she was in fear for her life and how grateful she was that you intervened. All of the evidence would be presented to a grand jury by the prosecutor. Unless he was a nut he would explain self defense (which also applies to defense of others) and you would be just fine, probably even considered a hero by the media (and your girlfriend).

Answer 3

Hypothetically, I am having a hard time signing on to this story.

First, WHY are you broadcasting about this . . .your attorney must be having a breakdown right now.

Second the officers aren't buying your version either.
No doubt the injuries to the "attacker" don't add up at the scene and they are not taking any chances.

If your story is right then the DA will sort it out soon enough.
Self Defense is a legitimate legal defense. The attacker is comitting a life felony and showing the willingness to use lethal force.

As for Mexico, why would you run if your were innocent?

Hypothectically of course.

Answer 4

If this a real story, stop telling the world about and share your story with your attorney and ONLY your attorney.

If this is purely a hypothetical: carrying a firearm is a tremendous responsibility, and those of us who do are held to a higher standard of conduct than the public at large. As such, I go out of my way to not engage in behavior that compromises my judgement, such as drinking.

If you want to go on a bender, leave your guns at home. If you want a glass of wine with dinner, be my guest but stop well short of losing control.

P.S. Dropping a gun automatically makes you guilty in the eyes of the police. If your shoot is justified, you shouldn't hide from the facts.

Answer 5

File for a Discovery in the case and if you haven't been indicted yet, file for an Evidentuary Hearing and bring forth your fiancee, and Subpoena the jerk that tried to rob you and Last But NOT least have your girlfriend file aggravated Sexual Assault/Deadly Weapon on this guy.

Hypothetically.

Answer 6

Your fiancee is a witness. If you stay, not run, you can probably prove self-defense. Running makes you look guilty. Mexico would mean you'd never see family or loved ones again and you'd ALWAYS be watching your back.

If this REALLY happen I'd hope you'd save your fiance before he actually penetrates her!!! Be a man, after all!

Answer 7

In this scenario, assuming you girlfriend confirmed your story, I would be shocked if you were actually charged with anything. You would be taken into custody while they conducted their investigation. That would be standard any time you shoot anyone unless the police actually witness the act of self-defense. Even then, if there was any doubt at all, they would hold you temporarily.

Answer 8

In response to Paladina....

"Second the officers aren't buying your version either.
No doubt the injuries to the "attacker" don't add up at the scene and they are not taking any chances."

Where did you get this info or did you make this up?

Sounds like you might know this as a "REAL" and not hypotetical situation. Curious just curious.

Answer 9

you sound like a rapist playing out some fantasy. Find a porn blog to get you're kicks that is suitable for you're sickness. Myself? I have a permit to carry and with no hesitation would shot to kill (head shot, heart shot). If you live in one of those northern libby states, I guess you take you're chances. In the south it would be suicide to prosecute the victim.(kinda like suicide by cop, it would be suicide by victim) We don't play that gay politically correct B.S. down here!

Answer 10

You'll go to jail but as long as your fiancee tells the truth I don't see you going to prison.