Originally Posted by
Jarett Smith
I don't know enough information about the case, but what I read mentioned that the other party claimed to have a weapon and threatened his life. I pictured the scenario going down with the other individual saying something like "I've got a gun and I'm gonna kill you!" while reaching into a pocket or waistband. If that was the case, the shoot was justified, IMO (for whatever that's worth). I REALLY hope it wasn't just a verbal threat. If so, Gerald is most likely screwed. You can't shoot a guy for merely saying he's going to kill you if, as you mentioned, there was no physical threat.
I think we really need more info on how the shooting went down to make a better judgement.
We def need more info but based on what we have it's not good. Your scenario doesn't justify it still. For One, Gerald wasn't carrying concealed so it wasn't a split second decision where Gerald drew and fired quickly while the guy was going into his pocket as you thought he might have (which is I know is just your assumption, theres been no reports on this) Gerald at some point had to go into his truck and get the rifle out, (which takes time, and proves he had other options, and he wasn't in "imminent danger") Or he took it out right away. (which isn't really a protocol for most people during a traffic accident.)
Either way it wasn't a good choice. Also even if the guy did go into his pocket you still can't shoot. And the reason why is because of this case exactly. Accidentally shooting an unarmed man when you don't know for sure. You have to see the weapon, plain and simple. No one said its an easy situation or not a split second decision but you have to be sure or this is exactly what happens. You end up with charges.
A lot of people claiming it was self defense are arguing he was being rammed while driving by the man. There have been no reports of this, but even if it was true he then would've had the right to shoot while driving to stop the threat from the vehicle But as soon as they both pulled over on their own, and got out of the cars that threat was over, and you can't shoot for something that happened in the past.
When I do the defensive shooting video simulators my instructor always emphasizes you have to see the weapon. He can change the scenario to it being a gun one time to a knife another time to a wallet or cell phone the next. You have to be sure. Proper training for everyone would be beneficial.
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