This past Sunday a man decided to commit an armed robbery of clerk working in a California convenience store. When the robber fled with the stolen goods, the clerk retrieved his own gun and pursued, firing at the fleeing robber. The robber then used his own gun to shoot and kill the clerk.Branca – Law of Self Defense
Both tactically and legally, this is a problem. Although it usually doesn’t result in getting killed, I have numerous incidents in my database where the victim was then charged with a crime for various aspects of the pursuit. Like it or not, it is what it is.
Many were surprised when Contra Costa County District Attorney Diana Becton then decided that she would not press a murder charge against the armed robber, on the grounds that the robber was acting in lawful self-defense when he killed the clerk.Branca – LOSD
I’ll let Andrew comment on the idiosyncrasies of the decision but this would be the ultimate indignity to me personally. My sympathies to the victim’s family.