vendredi 3 juillet 2020

Thoughts on violent confrontations by mobs - VCDL

Members Mike J. and Rick E. suggested that it would be useful to discuss what an armed or unarmed citizen should do during a violent confrontation by a mob. I agree.

NOTE: I am not giving anyone legal advice, just my thoughts on the subject. Such situations depend on the exact circumstances and there can be more than one way to handle any given situation. This is not meant to be a definitive discussion, but food for thought.

Let's look at the use of deadly force for self-defense first:

1) Virginia is a stand your ground state. But you must be innocent to stand your ground when using deadly force. If you in any way contributed to the conflict (such as confronting, yelling at, or threatening the other person), then you must retreat, indicate you give up the fight, and deadly-force can only be used once you can retreat no more.

2) Deadly force can only be used if a reasonable person in the same situation would believe themselves in imminent danger of being killed or grievously hurt (broken bones, disfigurement, lost of body parts, sexual assault, etc.).

3) Even if the attackers are not armed, if you are outnumbered or are facing someone who is physically much stronger and bigger than you, that is considered "disparity of force" and can justify the use of deadly force as long as you reasonably believe you are in imminent danger of being killed or grievously hurt and you are innocent or have retreated as far as you can, if not.

4) Someone merely yelling threats, no matter how vile, does not justify deadly force. Someone threatening you with a weapon, but is not able to attack you with that weapon (like someone holding a knife on the other side of door or fence) does not justify your use of deadly force. Deadly force can be used if your life is being threatened, the person has the ability to carry out the threat (armed or has a disparity of force advantage), and is in a position where you are subject to that deadly force actually being used against you.

5) A vehicle can be used as a weapon and would be considered the use of deadly force.

6) While you are not required to retreat from a deadly attack if you are innocent, if you can retreat safely, do so! The only fight you are guaranteed of winning is the one you never get into.

Now let's look at some scenarios that Mike specifically asked about. If you stay situationally aware of what's going on around you, hopefully you could avoid getting into one of these situations. But it could still happen. My comments are in blue:

1. An unarmed person in a vehicle has their vehicle surrounded by a mob, preventing them from leaving the area and the mob:

voices threats of violence against the occupants. Deadly force is not justified. I would lay on the car horn and begin rolling forward slowly to get out of the area. If someone is standing in front of the car and ignoring the blaring horn, I would let the car push them out of the way as it rolls forward. Once there is no one left in front of the vehicle, I'd then speed off and call the police when in a safe place.

physically attacks/damages the vehicle's windshield or windows. If they are merely trying to damage the vehicle, deadly force is not justified. I'd continue blaring the horn and rolling slowly forward to get out of the area.
breaks into the vehicle, attempts to pull a person from the vehicle, or is brandishing a firearm.

Due to disparity of force and the possibility of weapons being used, all of those scenarios I would consider to justify my use of deadly force in self-defense. I'd lay on the horn and floor the gas pedal to get out of the area as fast as possible. Anybody standing in front of the vehicle to block me in is going to get run over and I'm going to keep driving until I am safe and then call the police.

2. Same scenario as #1, above, but there are children in the vehicle and the adult is armed

This I would handle the same as #1. The presence of the child, or me being armed, changes nothing. The best weapon I have is still the vehicle itself to get me away from the mob. My gun would only come into play if my vehicle is disabled and the mob breaks into the vehicle, attempts to pull a person from the vehicle, or is brandishing a firearm.

3. An armed person (w/ or w/o children) on the street is surrounded by a mob and the mob begins to:voice threats of violence and prevents them from leaving the area. Unless a weapon is being brandished and you are not under an actual attack by multiple individuals, deadly force is not justified. Don't be confrontational as you try to move out of the crowd. Indicate you don't want trouble, but just want to get home. Much like dealing with a bear, don't run and trigger a chase instinct in the crowd.

One option that you should consider carefully if the mob won't move to let you through would be to quietly and matter-of-factly tell the people blocking your path that you are armed and you don't want to hurt anyone, but you also want to leave the area. That is not a use of deadly force or brandishing, just a verbal statement and it might be enough for them to clear a path.
grabs anyone in your party. If the grab is not violent, see previous comment. If violent see next comment.

physically attacks the armed individual or one of their party. Due to disparity of force, you are now in deadly force territory. It's time to begin shooting bad guys (no warning shots), starting with the ones nearest you. Brandishing might stop the crowd without having to shoot, but that is dangerous as you could be disarmed by bad guys if they are too close. After a shot or two, the crowd will have a tendency to disappear at something just short of the speed of light.

Once the threat has ended DO NOT continue firing. Do NOT shoot any fleeing person, even if they were one of the original attackers. Keep your head on a swivel, watching for anyone trying to come up from behind to disarm you. Not likely, but possible. Get out of the area and, when in a safe place, call the police.

From an email I received from VCDL. No link available. (some of the blue highlight may not be right, but most is.)

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Thoughts on violent confrontations by mobs - VCDL

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