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Encounter in Walmart Parking Lot, No Draw

Use this forum to post your experience with encounters with law enforcement, criminals, or other encounters as a result of your firearm or potential to be carrying one.

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Re: Encounter in Walmart Parking Lot, No Draw

Postby charles1198 » Wed Nov 26, 2008 7:41 pm

I tend to bore people by talking to them about how to get help for their addiction/infection/mean spouse/hunger pains until they decide to leave. :lol:

I usually have my hand on the weapon in my pocket the whole time, should they decide that I am their meal ticket.
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Re: Encounter in Walmart Parking Lot, No Draw

Postby Buckshot » Thu Nov 27, 2008 12:38 am

Sparks2112 wrote:I thought that to myself, honestly her SA is so horrible that I would rather do it myself than trust her spotting skills.


Sparks2112,

I am betting she is pregnant with your first child?

I am also betting that it might shortly be time to give her some training, the "mother bear" instinct should be building about now, ready to arrive on the scene full force in about 3 1/2 months!

Use that new feeling, and get her trained up so that she is a full protective partner in the team.

Other than the comments above, good job!

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Re: Encounter in Walmart Parking Lot, No Draw

Postby D-Day » Thu Nov 27, 2008 8:37 am

Well done. I love reading encounters, because there's always some new little aspect to take away from it and keep it in mind for future reference...should the need ever arise.
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Re: Encounter in Walmart Parking Lot, No Draw

Postby willbird » Thu Nov 27, 2008 4:22 pm

I think you did just fine..............

I also hope you did, or if you didnt, you WILL call the local Police there and give them as good a description of the car and the potential thug, many Walmarts have TV cams on the lot, and they may be able to get the footage and possibly ID the potential micreants, this could also be of benefit if they have or do mug somebody if the Police already have a pattern of complaints about their activities.


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Re: Encounter in Walmart Parking Lot, No Draw

Postby trent » Fri Nov 28, 2008 8:46 am

Good Job !
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Re: Encounter in Walmart Parking Lot, No Draw

Postby weakhand luke » Fri Nov 28, 2008 8:53 am

Could "squaring off" with the attacker be construed as escalation?
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Re: Encounter in Walmart Parking Lot, No Draw

Postby Sparks2112 » Fri Nov 28, 2008 9:00 am

weakhand luke wrote:Could "squaring off" with the attacker be construed as escalation?


In some situations I'd say yes. Given this particular situation, and the fact that my wife is starting to become very pregnant I think I would have simply said something like "I was making sure that if the individual in question had pulled a gun and started firing as much of my body was between him and my wife as possible." If it had gone to jury after the fact I don't think I'd of had a problem, especially with video of me not drawing until I had no other option playing in the background.

Who knows though, maybe I'd of ended up with an extended vacation in Lebanon :|
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Re: Encounter in Walmart Parking Lot, No Draw

Postby Sparks2112 » Fri Nov 28, 2008 9:03 am

willbird wrote:I think you did just fine..............

I also hope you did, or if you didnt, you WILL call the local Police there and give them as good a description of the car and the potential thug, many Walmarts have TV cams on the lot, and they may be able to get the footage and possibly ID the potential micreants, this could also be of benefit if they have or do mug somebody if the Police already have a pattern of complaints about their activities.


Bill


I'll give them a call today now that the wife isn't around, and see what they say.
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Re: Encounter in Walmart Parking Lot, No Draw

Postby Sparks2112 » Fri Nov 28, 2008 9:08 am

Buckshot wrote:
Sparks2112 wrote:I thought that to myself, honestly her SA is so horrible that I would rather do it myself than trust her spotting skills.


Sparks2112,

I am betting she is pregnant with your first child?

I am also betting that it might shortly be time to give her some training, the "mother bear" instinct should be building about now, ready to arrive on the scene full force in about 3 1/2 months!

Use that new feeling, and get her trained up so that she is a full protective partner in the team.

Other than the comments above, good job!

Buckshot


Yes she is. :D

The problem is more that she doesn't want to "Live in fear" :roll: the way that I do, always worrying about this that and the other...

I try to explain to her that I'm not afraid at all BECAUSE I prepare for situations, whether it be self defense related, or going around making sure all the carpets in the house are taped down so she won't trip and fall randomly.

Everybody says bad things happen to good people. I say bad things happen to good people because the good people didn't do anything to prepare for when/if the bad things come knocking.

Ah well, she keeps me on my toes.
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Re: Encounter in Walmart Parking Lot, No Draw

Postby pistol-packin-preacher » Sat Nov 29, 2008 4:17 pm

Great job! Very vigilant. I have also gotten use to carrying a light in my left jacket pocket. I always scan the entry area of the store as I exit, then scan the parking lot as I walk to the car. After dark I have gotten into the habit of walking down the middle of the traffic lane, unless a car is coming of course. That way, if there are BG's lurking in the shadows of parked cars, trucks or vans, I have a little more time to see them and react. Now that it is cooler, I have also pretty much put away my LCP (except when wearing a suit), and carry my FNP-40. While I pray that I never have to use it, I just can't help but think that it would look a little more intimidating if I have to reveal.
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Re: Encounter in Walmart Parking Lot, No Draw

Postby don-in-ytown » Sun Nov 30, 2008 2:17 pm

Sparks2112 wrote:At this point I see the gentleman stop and really look hard at where my hands are at. He looked up at me, down at my hands again, then back up and said "Hey forget it man." He turned around, and got in a sedan that was about 5-10 yards from his position, which I hadn't seen, that had been idling with it's lights off behind a large van. He drove off pretty quick, and my wife and I made it back to our car with no further incident.

So, pay attention guys. I don't think that would have gone well for me had he been able to sneak up on me the way he wanted to.


OK, what would you have done if he kept walking toward you? No gun, no knife, no fast moves, just walking and maybe saying to you, "Hey, I have a question", or "Hey, I need a little help."?

And why did you say "he wanted to" sneak up on you? I saw no indication of that in what you wrote?

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Re: Encounter in Walmart Parking Lot, No Draw

Postby lfrost2125 » Sun Nov 30, 2008 7:48 pm

OK, what would you have done if he kept walking toward you? No gun, no knife, no fast moves, just walking and maybe saying to you, "Hey, I have a question", or "Hey, I need a little help."?


I would do exactly what he did. In ohio deadly force can be used to prevent serious bodily harm or death. None of those things you mentioned are needed to do either. There was a gentleman here in Perrysburg township killed maybe a year or so ago by getting punched in the head with a few shots to the temple.
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Re: Encounter in Walmart Parking Lot, No Draw

Postby elderboy02 » Sun Nov 30, 2008 8:55 pm

You handled the situation nicely. Good job!
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Re: Encounter in Walmart Parking Lot, No Draw

Postby Sparks2112 » Mon Dec 01, 2008 9:35 am

don-in-ytown wrote:OK, what would you have done if he kept walking toward you? No gun, no knife, no fast moves, just walking and maybe saying to you, "Hey, I have a question", or "Hey, I need a little help."?

And why did you say "he wanted to" sneak up on you? I saw no indication of that in what you wrote?

Don


Probably lit him up with the surefire and said something like "Sir I'm licensed to carry a firearm and if you continue to approach me I'm going to consider you a threat." Also at that point I would have had the wife dial 911 and get police on their way.

RE: Sneaking; Body language, angle of approach, general attitude... You might have had to be there though...
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Re: Encounter in Walmart Parking Lot, No Draw

Postby don-in-ytown » Mon Dec 01, 2008 12:17 pm

Sparks2112 wrote:
don-in-ytown wrote:OK, what would you have done if he kept walking toward you? No gun, no knife, no fast moves, just walking and maybe saying to you, "Hey, I have a question", or "Hey, I need a little help."?

And why did you say "he wanted to" sneak up on you? I saw no indication of that in what you wrote?

Don


Probably lit him up with the surefire and said something like "Sir I'm licensed to carry a firearm and if you continue to approach me I'm going to consider you a threat." Also at that point I would have had the wife dial 911 and get police on their way.

RE: Sneaking; Body language, angle of approach, general attitude... You might have had to be there though...


I am not a lawyer but I would say that that even if the man continued to approach you after you said you had a firearm, had you fired, you would have a hard time proving in court that you were in danger of death or great bodily harm.

From the CC booklet:" ...the defendant must prove that, at the time, he had a real belief
that he was in immediate danger of death or great bodily harm and that
his use of deadly force was the only way to escape that danger...."

Someone posted that someone could be killed by a fist blow. I guess, but not very likely, and there hasn't been an attack by the guy.

Also from the CC booklet: '...In deciding whether the bodily harm was serious, the judge or jury
can consider how the victim attacked the defendant, any weapon the
victim had, and how he used it against the defendant...."

This statement implies that there has to be an attack. This is not Castle doctrine, it's not happening in your home. I don't see how a jury would consider someone who walked toward you was a danger of death. Your description of the person "sneaking" in my opinion would not fly. Nothing you described would indicate any sneaking, and your statement, " You might have had to be there though.." ,wouldn't be much of a defense in a court. So far the only thing I know about this guy is that he wore an oversized parka and asked you a question, then walked toward you, IMHO I don't think a jury is going to buy that you were in danger. The defense lawyer will say the man wanted directions, or wanted help with his car, or was going to simply ask for money, none of which is a serious threat.

Finally, from the CC booklet: "If the person can escape danger by
means such as leaving or using less than deadly force, he must use those
means."

Is there something other than shooting that you could have done? Leaving? This is what the jury will have to consider.

I'm being very critical of your moves, but that's the way the law is. Don
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