Comments by "" (@tomk3732) on "LegalEagle" channel.

  1. About 70 to 80 percent of what you talk about can quickly be thrown out with the fact that in all cases he did indeed run away and thus did duty to retreat. Once you have that it simplifies a lot of facts. For example, none of the other pp can claim self defence as they are all chasing, self defence is to deal with incoming harm, chasing it removes that privelage. The only time you could use it is for protecting another person, which cannot be the case here a he was not running towards anyone other then police. Preventing someone from going to police will not be seen as self defence. This removes a lot of exceptions and only leaves basic self defence. This is mostly about first interaction. Once we deal with that others are easy.
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  2.  @garymartin9777  Problem is there was no threat - notice he did not engage / shoot at anyone that shown their hands up etc. re watch the video when he is kicked / attacked with skateboard and gun is pulled on him - all these that back away are fine. I.e. if they just stood their ground they are all fine - in order to be in danger they have to go on the attack which throws away self defense claim - I mean if you are safe just standing, not even retreating, then it is your attack action that is placing you in danger. What one can say is they were trying to place "active shooter" under arrest - as citizen arrest is when you go and chase someone you think is danger to someone else etc. But in citizen arrest you open a whole giant can of worms - here you need to be 100% sure you are arresting or attempting to arrest the right guy. Yes it was total mess that occurred in just seconds. But this is why pp that are trained in say gun use would immediately realize that you have to positively ID the target. In Canada you technically are not give access to guns but somehow it is mandatory to learn in class proper safety, proper use, when and how etc. including making sure you know what you are engaging 100%. Or in other words if you mis-id the target and shoot not active shooter but a cop your best hope would be manslaughter charge. What I also don't like about the video is when he gives and example of a gun owner almost shooting someone that was arresting an "active shooter". Again, that would not exactly be self defense. Self defense is only when you are in danger and if you provoked that danger you back away and only when you back away it does not go away - i.e. if you created the danger by chasing the guy the only way you could claim self defense if after you backed away he went after you... but that is not the case at all.
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