Threatened in the 9th Ward at 4:15 am this morning.

[Emperor]

Just ignore him VS.

Give this thread a few more pages and Emp will be ranting about how the whole incident is somehow Obama's fault.....

Is it not?

 

[Emperor]

true, but robbing a bank weather armed or not, and saying you are is a crime. here no crime was committed accept by the op.

That wasn't the point. The insinuation of the gun is enough evidence to prosecute at a higher degree of seriousness! A defense team worth their salt would be able to use that statute as an example of how the mere thought of a weapon could trigger fear to a heightened degree in that instance, then draw the same fear in the self defense argument. That is how it works!

If a guy goes up to a bank teller and says, "I may have AIDS, and a cup full of my semen in my jacket, and if you don't give me the money I am going to splash you in the face with it." The teller may be threatened by the mere mention of the combination, but in law, that is not the same as him saying, "I have a gun. Give me all the money or I am going to kill you!"

 

[kingfhb]

Vigilante... also, don't think your posts here, comments made, the name "VIGILANTE" and avatar of the lone ranger wouldn't come into play in a courtroom where you're trying to defend yourself against discharging your firearm with intent. If I know prosecuting attorneys (and I do!) they would definitely try to use that to their benefit to show you had every intention of shooting someone... hopefully you don't have "KILL THEM ALL" or anything like that inscribed on your slide!!! lol

 

[Emperor]

Vigilante... also, don't think your posts here, comments made, the name "VIGILANTE" and avatar of the lone ranger wouldn't come into play in a courtroom where you're trying to defend yourself against discharging your firearm with intent. If I know prosecuting attorneys (and I do!) they would definitely try to use that to their benefit to show you had every intention of shooting someone... hopefully you don't have "KILL THEM ALL" or anything like that inscribed on your slide!!! lol

Yep!

And heaven forbid, the other guy be black, gay, or an illegal alien; and he had a Trump hat in his car!

 

[DBMJR1]

true, but robbing a bank weather armed or not, and saying you are is a crime. here no crime was committed accept by the op.

This is not correct. Threatening somebody with bodily harm, as in 'I'm going to kick your A**', is a crime. It is a crime that has a name. That name is 'Assault'. While simple assault is generally not prosecuted, it is, none the less, a crime.

The assailant stated that he was going to shoot the OP. Had the assailant reached into his pockets, or behind his back, it would be reasonable to assume that the assailant was going to follow through with his stated intent. In this situation I would have feared great bodily harm , or worse, and would have responded appropriately.

Problem, as I see it, is that the OP has no witnesses, other than the man that climbed into the back seat of the aggressor's vehicle. That witness will certainly testify that his buddy had his hands up while reciting the Lord's Prayer, and was only reaching for his Rosary.

I'm thinking that the OP should secure a dash cam that will record audio. I also suggest that the OP purchase a smartphone that will operate with voice controls, sans hands. Linking the phone to your car stereo may be an option as well. Call the PoPo. The 911 recording might be the evidence that keeps you from being raped in Angola.

My last thought is that the OP has a serious problem with his carry habits. This can easily be remedied with a little self discipline.

 

[981GT4]

This is not correct. Threatening somebody with bodily harm, as in 'I'm going to kick your A**', is a crime. It is a crime that has a name. That name is 'Assault'. While simple assault is generally not prosecuted, it is, none the less, a crime.

The assailant stated that he was going to shoot the OP. Had the assailant reached into his pockets, or behind his back, it would be reasonable to assume that the assailant was going to follow through with his stated intent. In this situation I would have feared great bodily harm , or worse, and would have responded appropriately.

Problem, as I see it, is that the OP has no witnesses, other than the man that climbed into the back seat of the aggressor's vehicle. That witness will certainly testify that his buddy had his hands up while reciting the Lord's Prayer, and was only reaching for his Rosary.

I'm thinking that the OP should secure a dash cam that will record audio. I also suggest that the OP purchase a smartphone that will operate with voice controls, sans hands. Linking the phone to your car stereo may be an option as well. Call the PoPo. The 911 recording might be the evidence that keeps you from being raped in Angola.

My last thought is that the OP has a serious problem with his carry habits. This can easily be remedied with a little self discipline.

uhm. it is not . "assault" is the act a of physical nature. assault is a crime. Threatening to kick someones ass, is threat. and in this case not one that would be a easily chargeable criminal offense.

also the OP's Originally post he stated the guy yelled "i have a gun" nowhere in the OP's statements did he ever say the man threatened to shoot the OP. Change the facts, change the outcome.

 

[DBMJR1]

uhm. it is not . "assault" is the act a of physical nature. assault is a crime. Threatening to kick someones ass, is threat. and in this case not one that would be a easily chargeable criminal offense.

also the OP's Originally post he stated the guy yelled "i have a gun" nowhere in the OP's statements did he ever say the man threatened to shoot the OP. Change the facts, change the outcome.

Assault
At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability.

http://legal-dictionary.thefreedictionary.com/assault

The actual physical contact is 'battery'.


I stand corrected on the second point.

 

[981GT4]

Assault
At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability.

http://legal-dictionary.thefreedictionary.com/assault

The actual physical contact is 'battery'.


I stand corrected on the second point.

you forgot to add then ending of the definition "or in the more limited sense of a threat of violence caused by an immediate show of force."

there is a difference between ill kick your ass , and walking away and ill kick your ass , attempting to actually do it.

in this case the man said ill kick your ass, but never attempted to do it. so committed no crime.

 

[981GT4]

Words, without an act, cannot constitute an assault. For example, no assault has occurred where a person waves his arms at another and shouts, "I'm going to shoot you!" where no gun is visible or apparent. However, if the threatening words are accompanied by some action that indicates the perpetrator has the ability to carry out a threat, an assault has occurred. It is an assault where a person threatens to shoot another while pointing a gun, even where the victim later learns that the gun was not loaded or even real. Moreover, pointing a gun without an accompanying verbal threat is still an assault, assuming the victim saw the gun.

Assault requires intent, meaning that there has been a deliberate, unjustified interference with the personal right or liberty of another in a way that causes harm. In the tort of assault, intent is established if a reasonable person is substantially certain that certain consequences will result; intent is established whether or not he or she actually intends those consequences to result. Pointing a gun at someone's head is substantially certain to result in apprehension for the victim.
In criminal law, intent means acting with a criminal or wrongful purpose. Criminal assault statutes often speak of acting "purposely," "knowingly," "recklessly," or "negligently." Acting negligently means to grossly deviate from the standards of normal conduct. Some criminal assault statutes recognize only "purposely," "knowingly," and "recklessly" as the level of intent required to establish that an offense occurred.

 

[Deerslayer440]

"VG, I will say this; if you forgot to load that weapon (after work or not), I would advise you to re-connect with your weapon. You may becoming desensitized to how important that thing is if you are going to carry it. Quite frankly, after I leave my wife and kids for the day, there is no other object or thing that I care more about than my pistol!"

I couldn't have said that any better!As far as not a great handgun because it misfed is no reason to get rid of it.I have been in this mans same exact place.As stated,you need to become one with your carry firearm.

Id rather be judged by 12 than carried by 6 any day my friend,any dayyyyy!!!!

 

[AustinBR]

This is not correct. Threatening somebody with bodily harm, as in 'I'm going to kick your A**', is a crime. It is a crime that has a name. That name is 'Assault'. While simple assault is generally not prosecuted, it is, none the less, a crime.

The assailant stated that he was going to shoot the OP. Had the assailant reached into his pockets, or behind his back, it would be reasonable to assume that the assailant was going to follow through with his stated intent. In this situation I would have feared great bodily harm , or worse, and would have responded appropriately.

Problem, as I see it, is that the OP has no witnesses, other than the man that climbed into the back seat of the aggressor's vehicle. That witness will certainly testify that his buddy had his hands up while reciting the Lord's Prayer, and was only reaching for his Rosary.

I'm thinking that the OP should secure a dash cam that will record audio. I also suggest that the OP purchase a smartphone that will operate with voice controls, sans hands. Linking the phone to your car stereo may be an option as well. Call the PoPo. The 911 recording might be the evidence that keeps you from being raped in Angola.

My last thought is that the OP has a serious problem with his carry habits. This can easily be remedied with a little self discipline.

These are my thoughts and a great summation of my response to this thread. Hindsight is a bitch. There are always a million things that you /could/ have done, but didn't do. In the OP's case, I think two items stand out:

1) You should NEVER leave a gun unloaded (without one in the chamber) that could potentially be grabbed in a spur for self-defense. An unloaded gun is useless, and the seconds that it takes to make the weapon ready for use count.

2) You need to setup a bluetooth kit for your phone where you can hit a button in your car and tell it to dial 911. If your car doesn't have this feature by default, drop the $20, $50, or $100 bucks that it would cost to have it setup. A dedicated dash-cam that records audio would be nice, but not as nice as being able to dial 911 if something goes awry.

In regards to someone acting aggressively on the side of the road: If he states that he has a weapon and will shoot you, I think it is safe to assume the possibility and be ready to act accordingly. Driving away is the first option that is immediately followed by dialing 911. I have no issues with the OP passing a stop sign, red light, or even speeding to get away from an aggressor that alleges he has a weapon and intends upon using it to cause harm. Yes people could have been hurt, but in this case they were not.

As for how the situation played out after that. Well, things could have been done differently, but they weren't. Pointing a(n) (unloaded) gun at the aggressor probably wasn't the smartest idea. It worked in this case to get him to leave, but likely wasn't the best option.

@The OP: I would recommend cleaning up the paragraph again and adding spacing and clarifying a few points. You may be able to get advice out of it or recommended training from those with that knowledge. Also, please keep your gun loaded. If it's kept in your car at work, screw them. They don't need to know where it is and that it exists (unless it is a work vehicle that other people go in).

 

[oleheat]

Glad you're okay, VS.....Things could have turned much worse in an awful hurry- thank goodness they didn't.

 

[Vigilante Sniper]

These are my thoughts and a great summation of my response to this thread. Hindsight is a bitch. There are always a million things that you /could/ have done, but didn't do. In the OP's case, I think two items stand out:

1) You should NEVER leave a gun unloaded (without one in the chamber) that could potentially be grabbed in a spur for self-defense. An unloaded gun is useless, and the seconds that it takes to make the weapon ready for use count.

2) You need to setup a bluetooth kit for your phone where you can hit a button in your car and tell it to dial 911. If your car doesn't have this feature by default, drop the $20, $50, or $100 bucks that it would cost to have it setup. A dedicated dash-cam that records audio would be nice, but not as nice as being able to dial 911 if something goes awry.

In regards to someone acting aggressively on the side of the road: If he states that he has a weapon and will shoot you, I think it is safe to assume the possibility and be ready to act accordingly. Driving away is the first option that is immediately followed by dialing 911. I have no issues with the OP passing a stop sign, red light, or even speeding to get away from an aggressor that alleges he has a weapon and intends upon using it to cause harm. Yes people could have been hurt, but in this case they were not.

As for how the situation played out after that. Well, things could have been done differently, but they weren't. Pointing a(n) (unloaded) gun at the aggressor probably wasn't the smartest idea. It worked in this case to get him to leave, but likely wasn't the best option.

@The OP: I would recommend cleaning up the paragraph again and adding spacing and clarifying a few points. You may be able to get advice out of it or recommended training from those with that knowledge. Also, please keep your gun loaded. If it's kept in your car at work, screw them. They don't need to know where it is and that it exists (unless it is a work vehicle that other people go in).

1) Know that, gun was unloaded previous day to comply with work policy, I usually always keep a round in the chamber, its what I do when I get in the vehicle, didn't do it today big mistake.
2) Iphone flew off seat to passenger floorboard, was in my Mini and don't have Bluetooth like my other vehicles. I have a dashcam was pointed straight ahead, doesn't take great video in the dark. Plan to upgrade to 4 position cameras.
3) I didn't point an unloaded weapon at the aggressor, when I pointed it it was loaded and ready to fire. He did not see the gun before then or the fact that had a failure to feed.
I had spaces between paragraphs when I wrote it in Word, when I copied it to the forum the formatting went away.

 

[nolaboy]

I work in the East, so I know that area fairly well. You were right outside the Bywater, so you were in what is considered the upper 9. Consider yourself lucky. I can understand why you felt your life was endanger. I wouldn't take a threat like that, at that time, in that area lightly either. Lol, this is the same are where people were shooting aks at helicopters to get rescueed from the top of their homes during Katrina. My in laws live in Mereaux and I take the Ferry to avoid going through the 9 with my wife and kids. Glad you made it home safely and not dead or in jail.

Sent from my SM-N920P using Tapatalk

 

[nolaboy]

Lol, my wife said next time roll up the window and scream ok Google dial 9 1 1!

Sent from my SM-N920P using Tapatalk

 

[AustinBR]

1) Know that, gun was unloaded previous day to comply with work policy, I usually always keep a round in the chamber, its what I do when I get in the vehicle, didn't do it today big mistake.
2) Iphone flew off seat to passenger floorboard, was in my Mini and don't have Bluetooth like my other vehicles. I have a dashcam was pointed straight ahead, doesn't take great video in the dark. Plan to upgrade to 4 position cameras.
3) I didn't point an unloaded weapon at the aggressor, when I pointed it it was loaded and ready to fire. He did not see the gun before then or the fact that had a failure to feed.
I had spaces between paragraphs when I wrote it in Word, when I copied it to the forum the formatting went away.

1) "Usually always" - That statement, along with today's occurrence, proves Murphy's law. Don't leave room for something bad to happen.
2) You can setup a Bluetooth system fairly cheaply. Probably wouldn't be a bad plan. If you do research and find a good dash cam, share it on here. I've considered one a few times, but so far I haven't seen one I really like.
3) Gotcha.

 

[spec50trout]

It's pretty clear who was driving the van, 981GT4. Did you crap your panties when the OP presented his weapon?

OP, thanks for sharing your experience. Be safe.

 

[JBP55]

Glad you made it to work without being physically harmed VS.

 

[roger66]

Your right,the Monday morning quarter backs are dumb-asses

 

[John_]

Your right,the Monday morning quarter backs are dumb-asses

+1. Every time.