Chasing Criminals -Serious Mistake

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.

3 responses

  1. Sounds like typical CA prog logic from the DA. As I understand it, one does not get to plead self- defense when using violence while committing a felony. But in CA I guess felons are a protected class. But I agree that the clerk was fatally stupid.

  2. Bad guy left; it wasn’t the clerk’s money, was it?

    Seems like the clerk made the wrong choice.

  3. People who have not had Gunfight Training might not realize when the fight is Over.
    I had plenty of training prior to my fight with three armed thugs. In the first fight I put the leader down in one second. In the second fight, I had to stop myself from chasing the accomplices who were fleeing the scene.

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