Chuck wrote:it could easily be that the guy was concerned about the person he rear ended and was checking to see if he had hurt him.
mustang87 wrote:He said he was rear ended at a stop light. minor. the person in the other car got out walked toward his car and punched it then opened the door to his car as if to pull him out.
Chuck wrote:He has a right to defend himself, of course, but the question is, was he threatened?
Will the cops think he was threatened?
Was there some sort of conflict going on before the accident?
The obvious answer for the other guy is that he was checking to see if "family member" was injured and needed medical attention.
Shooting someone who has that story to tell is not going to go over very well with the policeman.
Now if the guy was trying to run him off the road, flashing lights and making threatening gestures, that's one thing.
If he was just texting and not paying attention when traffic slowed for the light, that's another
To use deadly force one must not have started the conflict, nor escalated it, had a reasonable fear of serious bodily harm or death, and not had a duty to retreat.
Under Ohio Castle Doctrine law, in his car or home he doesn't have a duty to retreat, and the prosecutor must prove beyond a reasonable doubt that the shooting wasn't justified, but based on the little bit of the story that you've told us, it could easily be that the guy was concerned about the person he rear ended and was checking to see if he had hurt him.
I hope that helps
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