Warning Shot Cited as Evidence of Restraint in Self Defense Shooting

By Dean Weingarten

VA Home Owner Fires Warning Shot At Unannounced Police In Ninja Costumes - Wins Case
VA Home Owner Fires Warning Shot At Unannounced Police In Ninja Costumes – Wins Case
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- Many posters on the Internets have stated that “warning shots” would be taken as evidence that the shooter did not consider the threat to be deadly, or they would have shot center mass instead of firing the warning shot or shots.

In this case from Maryland, the prosecutor came to the opposite conclusion.

From cecildaily.com:

“He did everything he could have done. Maryland law says the person must first retreat if possible. He retreated as far as he could. He was backed up into a corner of his deck. He had nowhere else to go,” Rollins said.

The rival kept advancing, even after the warning shot, prosecutors said. Even so, prosecutors added, the homeowner still exercised some restraint.

The case also illustrates the principle of “disparity of force“.  Disparity of force is the principle that even if your opponents are not armed, if there is sufficient difference in the level of force available to the participants that a reasonable person would fear for their life, that can be considered a deadly threat.   Large differences in size and age are common factors, as are multiple assailants.

Rollins is the prosecutor:

Rollins also pointed out that the homeowner was “outnumbered three-to-one” during the incident.

“One of the men who had come to the house with the woman was much bigger than (the homeowner). He was a big guy, over 6-feet tall and weighing about 300 pounds.”

The prosecutor called the case “…a classic case of self-defense,”.  An important point in the case was that even the three aggressors agreed on what essentially happened:

For the most part, even the versions given by the three who had showed up at the shooter’s home matched the account given by the shooter.

The shooter even fired to wound, another thing that many caution against:

When the man failed to heed that warning shot, the homeowner fired a bullet into the man’s leg — ending the escalating situation, prosecutors reported.

No prosecutor is bound by any other prosecutor’s judgements.   But in this case, at least, this prosecutor found the firing of a warning shot to be evidence of restraint.

One last observation.  In spite of the clear explanation of the prosecutor, the headline writer felt compelled to put self defense in quotes: [as if it was still in question]

State’s Attorney rules ‘self-defense’ in Elkton-area shooting

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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fsilber

Firing a warning shot and shooting to wound _was_ originally used as evidence of the defender’s good intentions. It was just that during the 1970s when prosecutors and judges opposed to self-defense argued they indicated unwarranted use of force because they were looking for any excuse to make an example of people “taking the law into their own hands.” When these convictions were allowed to stand, the legal precedents had to be taken into account.

GenEarly

The Socialist State of Maryland just sucking up to CT, NY, MA, IL, CA, WA, ….All ProgreSSive Putzes

Eric

Maryland’s laws are stupid , retreat in your own home. I think not , in my home , I am god , judge and jury , nor will I retreat from a criminal . I protect my own and will fight to keep it. The prosecutor should be removed from office and castle doctrine introduced to lawmakers.
Another reason I will never stay in Maryland.