TexasCHLforum.com

seamusTX wrote:Slow learner.

- Jim

Do you mean the suspect or the courts?

mrcharlie wrote:Jim,
Not much happening in the alley. In hindsight, one mistake I made was to relax 'cause the site was so familiar to me. It is interesting to speculate as to when in this encounter would the use of deadly force by me be legal. The definition of aggravated assault helps a lot but still not clear how long to wait before shooting the guy.
cheers

As a woman, I stay in Condition Yellow most always. In this situation of being alone in an alley with a large man I didn't recognize coming toward me, I would have moved to orange solely from his presence, deliberately crossed to the opposite side of the alley from him (and if I had a CHL, I would discretely put my hand on the weapon ready to draw), watched him closely and purposefully, and checked behind me as and after he was passing. When you look like you know what's up and you are ready, most criminals will move on to someone they can catch off guard. Most of this type of criminal are opportunistic feeders. They go where it is easy. By being alert, crossing the street, standing tall and confidently, watching him, and forming a plan of action, a criminal doesn't know what he's walking into and is less likely to choose you. And if he does choose you, you're more likely to respond appropriately since you've already thought it out and committed to acting.

While the comment about passing hundreds in New York is true, there's no comparison to being alone in an alley in the middle of the day when most are at work, and on top of that with being older and not having any physical advantages over the guy.

I understand you to have said that you are a 68 year old man and out of nowhere in an isolated location, you were grabbed from behind, spun around, and punched so hard that you landed on the ground with your attacker who was half your age still standing over you. If I were in your shoes, I'd say you were justified in drawing and/or using deadly force at that point. He exerted deadly force by punching you in the head, the threat continued, you had no clear or safe escape, and you had reason to fear for your life. That's reason enough. If you thought of it, you could also be fearful of an imminent robbery, which is justification enough. When he asked for money or showed signs of it being a robbery, you were again justified because an aggravated robbery was taking place. When he told you to back into the alcove, you could again say that you feared that his intent was to kill you there, it was in the commission of an aggravated robbery, and your health and age didn't lead you to believe you had a physical advantage in trying to outrun him. Only after you ran and he split in the other direction would I say you were no longer justified. IANAL.