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I guess I was unclear. since he wasn't in immediate danger could he be acting as a LEO as suggested earlier? I found the legal statute, and you are correct he is justifiable in using deadly force and was legal to engage. If was 100% sure he could engage if he was inside, but was unsure if he could enter the building and engage.

SUBCHAPTER C. PROTECTION OF PERSONS

Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

and bam part C - aggravated robbery

I am not saying the Marine acted unlawfully. As noted, he was stopping a robbery. He obviously is much better trained than I am. Now if I was in the store when the robbery occured my actions probably would have been more defensive. I personally though would have been a witness here and not acted as a LEO (although perfectly legal in this case). This goes beyond my training and my senior citizen age ( you don't get to be over 70 that easily) and my .380 ACP size and my single six shot mag.

Well near as I can tell this young man did not follow advice regularity given here.

1. Keep you weapon on your person.
2. Unless you are personally involved, call 911 and be a good witness.

I think these are still good rules.

However, most of us are not young Marines. So is it? ooh rah!

Sheepdogs act without regard to thier own life to protect others. The guy deserves praise not arm chair quarterbacking.

Right2Carry wrote:Sheepdogs act without regard to thier own life to protect others. The guy deserves praise not arm chair quarterbacking.

Cjwglock19 wrote:Great on his part. He likely has more extensive training than most. I've wondered what I would do. I have to say my first thought is get home...if I was inside I am certain I would engage.

I don't want to say he was acting like a LEO, but is he justified to use force in this incident.

If that is a question the answer is yes. He was justified to use deadly force as well.

rotor wrote:

healthinsp wrote:Great for him for being able to act according to his training.

I admit, since I have not had that training, I would have called 911 as soon as I saw the guys go inside and just tried to play the role of a good witness.

I am ex Air Force so I guess I am more of a wimp. I agree with healthinsp though. Once the Marine went for his gun and got involved he was acting as if he was a LEO. I am glad that it turned out OK but I personally would have prefered to be a witness rather than a LEO. I didn't get my CHL to save the world. It is for me and family. Flame away.

...Wanna be LEO

Some Americans will always do what they believe is right against evil no matter what. Man has been fighting Evil long before LEO's ever existed and man will continue fighting evil because Evil needs to be stopped. Some men hold the beliefs that the State is solely responsible to protect Society from evil. The State fully supports this belief because it empowers them and creates "huddled masses". Some masses wont be huddled. Resisting Evil is a natural response. Fleeing is also a natural response. Fleeing or doing nothing doesn't make one a wanna be coward. Fighting back doesn't make one a wanna be LEO. Both are natural responses in humans.

rbwhatever1 wrote:Some Americans will always do what they believe is right against evil no matter what. Man has been fighting Evil long before LEO's ever existed and man will continue fighting evil because Evil needs to be stopped. Some men hold the beliefs that the State is solely responsible to protect Society from evil. The State fully supports this belief because it empowers them and creates "huddled masses". Some masses wont be huddled. Resisting Evil is a natural response. Fleeing is also a natural response. Fleeing or doing nothing doesn't make one a wanna be coward. Fighting back doesn't make one a wanna be LEO. Both are natural responses in humans.

Excellently stated!

9mmboy wrote:

rotor wrote:

healthinsp wrote:Great for him for being able to act according to his training.

I admit, since I have not had that training, I would have called 911 as soon as I saw the guys go inside and just tried to play the role of a good witness.

I am ex Air Force so I guess I am more of a wimp. I agree with healthinsp though. Once the Marine went for his gun and got involved he was acting as if he was a LEO. I am glad that it turned out OK but I personally would have prefered to be a witness rather than a LEO. I didn't get my CHL to save the world. It is for me and family. Flame away.

...Wanna be LEO

If someone is in the process of beating your wife to death would you like me to use my weapon to stop them or would you prefer I call 911 and be a good witness?

anygunanywhere wrote:

rotor wrote: I am ex Air Force so I guess I am more of a wimp. I agree with healthinsp though. Once the Marine went for his gun and got involved he was acting as if he was a LEO. I am glad that it turned out OK but I personally would have prefered to be a witness rather than a LEO. I didn't get my CHL to save the world. It is for me and family. Flame away.

That is a stretch. He wasn't acting like an LEO. He was acting like a good citizen. He knew his capabilities and responded to the level he was trained to. If you want to be a witness that is your decision. The marine made his.

Anygunanywhere

I wonder does Quiznos have a 30.06 i.e. why would he not have been carrying? I'll bet after this experience that he DOES try to carry next time.

I would not be so brave as he, and I commend him for his action which may have saved GameStop employees and future victims from the mayhem these two knuckleheaded BGs would have committed.

Hoodies and bandannas? In Houston in May? C'mon how stupid can you be--"we're bad guys!" :P

jmra wrote:

9mmboy wrote:

rotor wrote:

healthinsp wrote:Great for him for being able to act according to his training.

I admit, since I have not had that training, I would have called 911 as soon as I saw the guys go inside and just tried to play the role of a good witness.

I am ex Air Force so I guess I am more of a wimp. I agree with healthinsp though. Once the Marine went for his gun and got involved he was acting as if he was a LEO. I am glad that it turned out OK but I personally would have prefered to be a witness rather than a LEO. I didn't get my CHL to save the world. It is for me and family. Flame away.

...Wanna be LEO

If someone is in the process of beating your wife to death would you like me to use my weapon to stop them or would you prefer I call 911 and be a good witness?

Not fair. Do you know my ex?

Paul's Shield wrote:and bam part C - aggravated robbery

It wasn't necessarily aggravated robbery. He was outside and had no idea what was happening or going to happen inside.

The BG turned a weapon on him. At that point it became self defense, no?