Nevada Carry
  • Home
    • Contact >
      • FAQ
    • Safety
    • Search
  • Blog
  • Open Carry
    • Open Carry Safety
    • Open Carry and the Constitution
  • Concealed Carry
    • How to Get a CCW
    • Carrying on a CCW
  • Car Carry
  • Local Laws
    • Public Buildings
    • Blue Cards
    • Preemption History
  • Self-Defense
  • Buying and Selling Guns
    • Universal Background Checks
  • Other States
    • CA Carry

Nevada Carry Blog
For full archive, see the Blogspot archive

Not Self-Defense Idiot Shoots Up Amazon Van in North Las Vegas

4/29/2020

 
Picture
Review-Journal

Read the newspaper article, then come back here. 

The homeowner had ample opportunity to stop and realize that the "suspicious" person was most likely a real delivery driver. He could have deduced that by seeing the vest, the package, looking for a uniform or ID card, and seeing the van. The van, if it wasn't a painted blue/gray style van as in the photo, probably has some sort of decal or magnet saying "Amazon" on it. Also, the shooter could have checked the package to see if it was a real one or not or asked the driver for his Amazon ID.

All of these red flags that this might not be an actual burglar were ignored. Stupidity isn't a defense. All the DA has to argue is that a reasonable person would have stopped an assessed the situation, likely coming to the conclusion that the person claiming to be a delivery driver really was.

The assumption that the driver was reaching for a weapon is not a reasonable one. Setting aside the above evidence that the person was not a burglar/thief, the driver did not engage in any hostile or dangerous act (as far as the article reports). 

The driver was retreating and trying to get away. Taking the lack of any objective threatening behavior at face value, it will be highly unlikely if the defendant will be able to argue self-defense. Why? Given that a reasonable person would assume this is a real delivery driver who is running away, it would not be reasonable that he would reach for a weapon while at gunpoint. The defendant's fears were irrational and unfounded.
NRS 200.130* Bare fear insufficient to justify killing; reasonable fear required. 
1. A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, is not sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge.
Picture
Click to go to the self-defense page
While a "furtive movement" defense can be made, in this situation that is going to be impossible. Police often use this defense, when they are right and wrong, but under circumstances that are a lot more ambiguous than this. Police are trained to absorb what is going on and make rapid judgements before using force. Even basic firearms defense courses teach this.

Look at the charges, which include "seven counts of discharging a weapon into an occupied structure." He missed seven times (thank goodness). Maybe those rounds hit houses instead of just the van (statute covers vehicles and buildings). The shooter was probably poorly trained and poorly practiced. 

This situation occurred because the defendant failed to observe and process the evidence at hand to enable him to make correct and appropriate choices regarding his response to the situation. This rash decision making (or lack thereof) combined near fatally with his ignorance of the law on justifiable homicide.

I predict a quick plea bargain with very little to no jail time. A misdemeanor conviction won't surprise me. Stupidity isn't a crime, but often it leads to stupid actions which are criminal. While the defendant meant no real harm, he was so stupid that he could have killed someone.

​Concerned about what will happen if you are involved in a self-defense shooting? Can you afford a defense attorney? Join the US Concealed Carry Association today for knowledge, training, and legal protection.
Picture

Comments are closed.

    Archives

    July 2022
    June 2022
    May 2022
    April 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    April 2017
    December 2016
    November 2016
    August 2016
    July 2016
    April 2016
    March 2016
    February 2016
    January 2016
    May 2015

    Categories

    All
    Campus Carry
    Ccsd
    Schools

    RSS Feed

    Blogspot Archive
    Blog roll
    Clayton E. Cramer
    Gun Watch
    Gun Free Zone

    The War on Guns
    ​Commander Zero
    The View From Out West
 This does not constitute, nor should be implied as, legal advice. Always seek an attorney's advice and consult state and local laws yourself. User assumes all liability for use of the information provided here. Site has been reviewed by certified instructors. Copyright 2022.
  • Home
    • Contact >
      • FAQ
    • Safety
    • Search
  • Blog
  • Open Carry
    • Open Carry Safety
    • Open Carry and the Constitution
  • Concealed Carry
    • How to Get a CCW
    • Carrying on a CCW
  • Car Carry
  • Local Laws
    • Public Buildings
    • Blue Cards
    • Preemption History
  • Self-Defense
  • Buying and Selling Guns
    • Universal Background Checks
  • Other States
    • CA Carry