Grey area in justified force/deadly force

[Rayden]

When (if at all) is it justifiable for a CHL holder to shoot a robbery suspect in the act of robbing a store but does not know you are behind with your gun drawn?

Let's say you give a warning and he turns quickly a shoots you before you have the time to fire a shot .... or you give a warning and plan to shoot if he turns around and point his gun at you, but then your gun jammed ...

Taking the variable of "training" out of the equation, to ensure your own safety and the safety of the other robbery victim, is it ever justifiable to shoot the suspect in the back without warning if you are not a LEO? These are scenarios that I imagine if it happens, what is the right course of action because so much is gray area.

[LarryH]

When (if at all) is it justifiable for a CHL holder to shoot a robbery suspect in the act of robbing a store but does not know you are behind with your gun drawn?

Let's say you give a warning and he turns quickly a shoots you before you have the time to fire a shot .... or you give a warning and plan to shoot if he turns around and point his gun at you, but then your gun jammed ...

Taking the variable of "training" out of the equation, to ensure your own safety and the safety of the other robbery victim, is it ever justifiable to shoot the suspect in the back without warning if you are not a LEO? These are scenarios that I imagine if it happens, what is the right course of action because so much is gray area.

Shoot him in the chest, shoot him in the back, it's all the same (IMHO). The "code of the West" that we learned watching all those Roy Rogers/Gene Autry/Tom Mix/etc., movies bears no relationship to reality (also IMHO).

Someone's signature block says something to the effect, if you're not cheating, you're not trying hard enough.

The statutes on justification/deadly force don't say anything about where the perp is shot. or whether you yelled a warning.

[WildBill]

Shoot him in the chest, shoot him in the back, it's all the same (IMHO). The "code of the West" that we learned watching all those Roy Rogers/Gene Autry/Tom Mix/etc., movies bears no relationship to reality (also IMHO).

Especially, since the BGs don't have a code.

These movies and such are part of the nonsense that perpetuates the myth of "warning shots". Some people actually think that the police should shoot the gun out of the BG's hand. The movies and TV also show that it's cool to pull out your gun and rack the slide. It may be good drama on video, but it wastes time in real life. I can also see that some of the "fantasy" courtroom scenarios posted in the forum are based on the Hollywood screenwriter's version of a criminal trial.

[Excaliber]

When (if at all) is it justifiable for a CHL holder to shoot a robbery suspect in the act of robbing a store but does not know you are behind with your gun drawn?

Let's say you give a warning and he turns quickly a shoots you before you have the time to fire a shot .... or you give a warning and plan to shoot if he turns around and point his gun at you, but then your gun jammed ...

Taking the variable of "training" out of the equation, to ensure your own safety and the safety of the other robbery victim, is it ever justifiable to shoot the suspect in the back without warning if you are not a LEO? These are scenarios that I imagine if it happens, what is the right course of action because so much is gray area.

IANAL, but if you have justification to use deadly force under the Texas Penal Code, there is no legal requirement to warn. It's a judgment call on your part.

If you decide to warn, it would be wise to do so from behind cover in case the BG''s response doesn't turn out the way it does in the movies.

[nitrogen]

Shoot him in the chest, shoot him in the back, it's all the same (IMHO). The "code of the West" that we learned watching all those Roy Rogers/Gene Autry/Tom Mix/etc., movies bears no relationship to reality (also IMHO).

Someone's signature block says something to the effect, if you're not cheating, you're not trying hard enough.

The statutes on justification/deadly force don't say anything about where the perp is shot. or whether you yelled a warning.

The DA might have some fun with it, but based on how some of these things have gone in the past (i.e. the guy who killed the snacking intruders) it's probably nothing to really worry about.