Orange County road rage defensive shooting (vid)

RedBreast21

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Appears to meet article 35 standards as reported. I never understand these incidents. I had a guy pull up along side of me going on about "you got a problem with me......you.......you got some problem". I'm like "where did you come from?" He said "I was behind you and your hands were making gestures" I said "look buddy if you're behind me, you're no problem to me nothing you could do behind me that would cause me a problem. If you don't like my air drumming, you don't need to tell me." He laughed.
People are running around, wound way to tight. :ROFL: :beer:
 
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Brawny71

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I didn’t see a knife. But blocking a public way, moving and whether the guy was pounding or swiping with a knife should allow someone to be in fear of Serious Injury or Death= Justification. The film is important, but the shooters statement becomes as important. The truck did not have the option (Nor anyone else in that lane) to safely move away. Leaving the car doors open also limited maneuver. I didn’t see anything in the film showing baiting or instigation. Of course we didn’t see anything from before the stop, but ultimately the car driver could have dialed 911, pulled over at the next gas or rest stop, or simply let the truck by. But all of that is speculation. The drivers race and the cop who pulled the trigger of course in NYS will be part of the equation unfortunately. So justice will be affected by public outcry; because Lady Justice is no longer blind.
 
TopShot

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I once make a right turn into a main roadway from a side street that was stopped by traffic.
With my head somewhere else I wasn't paying attention to the on coming cars from the main roadway.
I heard a screech and looked to my left and seen a car stopped 2 inches from my door.
The driver rolled down his window and yelled every curse word you can think of at me.
I looked at him and said, "Wow You're Such A Good Driver.
Thank God, anyone else would have probably hit me".
He looked at me, told me to go F myself and drove off.
By doing so, I deescalated the situation.
C.B.
 
RedBreast21

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TopShot said:
I once make a right turn into a main roadway from a side street that was stopped by traffic.
With my head somewhere else I wasn't paying attention to the on coming cars from the main roadway.
I heard a screech and looked to my left and seen a car stopped 2 inches from my door.
The driver rolled down his window and yelled every curse word you can think of at me.
I looked at him and said, "Wow You're Such A Good Driver.
Thank God, anyone else would have probably hit me".
He looked at me, told me to go F myself and drove off.
By doing so, I deescalated the situation.
C.B.
Click to expand...
That is the best solution.
 
Saltwater60

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After reading the article it doesn’t seem so cut and dry to me. It seems like the cop is being the instigator in this situation. Additionally why would anyone ever roll down their window during a road rage incident? I’m not saying this makes him guilty of a crime but it’s stupid in general.
of the guy shot instigated it I’m fine and no charges should be filed per NYS law.
 
Celt

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From available video it looks good to me.

Remember though, if you are an initial aggressor then you may not have the same protections under article 35.
 
C3D

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Celt said:
From available video it looks good to me.

Remember though, if you are an initial aggressor then you may not have the same protections under article 35.
Click to expand...

Very good observation, you could even say this:

. . . if you are an initial aggressor then you may not have the same NO protections under article 35.
 
Celt

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C3D said:
Very good observation, you could even say this:

. . . if you are an initial aggressor then you may not have the same NO protections under article 35.
Click to expand...
The only exception, is if you disengage from the scenario, and make it clear you are disengaging, and the other person then proceeds to force you to defend yourself. At least thats what I just read, but in NY you have an uphill battle to PROVE YOUR INNOCENCE (we all know you shouldnt have to).
 
GOPerfect

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Quick little story. Before I was a holder of badge, I got into a situation in Cheektowaga, NY.

I cut a guy off. My fault, my bad. I did not see him. He honked, as I realized that I had cut him off, I rolled down my window and gave the ol "handwave" for an apology.

Apparently, that was not good enough for him. I made a left turn to get on the on ramp for rt 33 to get on 90.

He got behind me, was riding my bumper, honking and clicking his lights, all the while making hand gestures.

He pulled along side me on the grass, passed me and stopped his truck sideways on the on-ramp. I stopped, had no place to go.

He exited his vehicle, reached into the bed of his truck and retrieved a piece on pipe.

As he approached my vehicle, he was hot, yelling and screaming.

He got to be about 2 feet from my truck, raised the pipe as if he was going to attack. I of course decided to exercise my 2A Right.

As soon as he saw that I was a member of the 2A club, he dropped the pipe and got back into the vehicle.

He drove off, I followed. As I was following, I reached out the 911 dispatcher. She was a nice lady as I recall.

She dispatched a State Police officer to the area. I gave her all details needed. She took my number and hung up. Minute or so later, I got a call from the trooper asking where we were and if I was still following the truck. Yep, right behind him.

The trooper arrived and lit the guy up with lights.

I pulled over as well. I gave my side of the story and told the officer that I had dash cam video. The man was arrested.

I emailed the video to him and the guy was prosecuted. I did not have to testify, he plead out of court. Served 3 months in county.

I would have fully utilized my 2A Right if he had not dropped the pipe.

This guy, the shooter, did nothing wrong. Good for him,.
 
OwnTheRide

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I think that, regardless of whatever tomfoolery took place before the video, this would be a good shoot... in a free state.

In NY, though? He could have driven off by going around the right side of the stopped car. I'm not saying that's right - I support Stand Your Ground - but we don't have that in NY.

IMO, if the LEO gets off, it will only be because he is an LEO. You or I would be sitting in jail trying to establish/make bail right now.

I'll add that the LEO would want me on his jury, because there is no way I would convict someone based on what I've seen and read so far. Screw NY's fucked-up laws.
 
C3D

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Celt said:
The only exception, is if you disengage from the scenario, and make it clear you are disengaging, and the other person then proceeds to force you to defend yourself. At least thats what I just read, but in NY you have an uphill battle to PROVE YOUR INNOCENCE (we all know you shouldnt have to).
Click to expand...


I know that exception exists in theory; the Court of Appeals has even mentioned it recently. But I am not aware of any case where the withdrawal and communication defense to being the initial aggressor was successful in a deadly force situation. Do you know of any?
 
Celt

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C3D said:
I know that exception exists in theory; the Court of Appeals has even mentioned it recently. But I am not aware of any case where the withdrawal and communication defense to being the initial aggressor was successful in a deadly force situation. Do you know of any?
Click to expand...
I dont, and i think that it wouldnt matter in NY anyway. They would find a way to throw a good guy in a hole for a long time regardless. So Im with you on this.

To me, its better to not be an initial aggressor anyway. Whats funny is I am waaayyyy more tolerant of assholes when Im carrying than when Im not. Knowing the responsibility of carrying is something i take very seriously.
 
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C3D

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Celt said:
I dont, and i think it it wouldnt matter in NY anyway. They would find a way to throw a good guy in a hole for a long time regardless. So Im with you on this.

To me, its better to not be an initial aggressor anyway. Whats funny is I am waaayyyy more tolerant of assholes when Im carrying than when Im not. Knowing the responsibility of carrying is something i take very seriously.
Click to expand...


You are a wise gentleman. @Celt's advice should be everyone that CCW's christmas gift for this year.
 
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