TexasCHLforum.com

There have been discussions about potential problems that can occur when someone says "I didn't mean to shoot, it was an accident." It is important to realize however, that statement may or may not be controlling in a criminal case. If the elements exist that justify the use of deadly force, then "accidentally" shooting/killing them does not mean you are guilty of a crime. Often, when such statements are made, they indicate that the person didn't "reasonably believe that deadly force was immediately necessary . . ." and that is where the problem can arise.

For example, if a person says "I'm going to shoot you" and then reaches into his pocket or under his shirt, you would be justified in using deadly force. (This hypothetical scenario presumes there are no other negative factors.) You would also be justified in threatening the use of deadly force by pulling your pistol. You can shoot, but the law doesn't require you to do so. If in pointing your pistol to scare the attacker you "accidentally" pull the trigger and kill him, your use of deadly force was still justified even if unintentional.

Obviously, if that were to happen, I would tell the truth, but I would make sure I described the scenario accurately so that everyone/anyone would understand that I was justified in using deadly force, but tried to avoid doing so albeit unsuccessfully.

I try very hard not to take positions on issues dealing with whether or not to take action in certain circumstances. That said, I view defending my family and home differently than "getting involved" in an altercation away from home. If someone is threatening my wife or sons in my front yard, I doubt seriously I'm going to sit back and do nothing and hope they don't carry out their threat later. This isn't to say that calling the police is wrong; I'm just not willing to say that confronting a threat against my family is wrong either.

Chas.