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Posted: 9/5/2004 8:47:23 AM EST
A few years ago I was going down Main St in Jax FL near 8th street at about 2 AM. This was job related travel so dont think i was there for a joy ride.

Anyway, this is an area well known for hookers hanging out on the corners.

I stopped at the red light, and sure enough here comes Little Miss Tish comes out and approaces the car in front of me (I was second in line), and she knocks on the window, and the driver apparently ignores her. This is a common sight in this area, and really was not paying her much mind. The then walked back to my car and she leaned on the door (my window was open due to lack of AC) and offerer her ... ummm... services.

I politely declined.

She then asked me if I would just GIVE her some money. Again I declined. She asked again and again I declined.

Well she got really upset and threatened to stab me with her needle and before you could blink I had my CCW ( a .38 at the time) up to her face telling her to back away from my car before I spalttered her brains all over the street.

She backed off...

My question is this... would this have been a justified shooting? Becasue had I actually SEEN a drug needle I most certainly would have pulled the trigger. My thought process is she would really only have to scratch me with that AIDS needle to give me a fatal medical condition. Therefor I was in fear of my life.

I was in my car, and rolling up the window was not an option cuz she was already leaning on it.

Hitting the gas was not an option due to the car in front of me.

Reverse was not an option due to the car behind me.

I would dont think that in this case stompting on the gas would be much of an option anyway, the car does not go into warp speed and there was still a possiblilty she could have swiped at me with the needle as the car went into motion.

What do you guys think...

Im that particular situation, if I had seen the drug needle in her hand, and I shot her, would I have been justified?

I ask this because although a needle is not a dangerous weapon like a knife, the danger IMHO would have come from possibly being infected with a virus with no known cure.

Thanks in advance for your comments.
Link Posted: 9/5/2004 4:27:29 PM EST
Could go either way. I think the main thing you would have to prove is that you were in fear for your life or of serious bodily injury. And sounds like you were. Then it would depend on the jury and the laws of your area.
Link Posted: 9/5/2004 7:15:13 PM EST
Link Posted: 9/5/2004 8:25:06 PM EST
The outcome of the case would most likely all depend if the needle was actually infected.

And the fact that you were driving around at 2 am wouldn't help.
Link Posted: 9/5/2004 8:28:22 PM EST

Originally Posted By David_Hineline:
I think people driving in Hookerville at 2am with thier windows down are going to have a hard time getting a judge or a wife to believe they were no there looking for it.




Its Florida, and some people keep weird hours and dont use AC in their car. I think it would be justifiable, unless the cops/court for some reason thought he was full of shit.
Link Posted: 9/5/2004 8:31:02 PM EST

Originally Posted By wayne53:
The outcome of the case would most likely all depend if the needle was actually infected.

And the fact that you were driving around at 2 am wouldn't help.



It wowuldn't necessarily have to be infected. That is like saying that its only armed robbery if the gun is loaded or the knife is actually sharp. If a reasonable person would fear for his life--and reasonably believe that deadly force was the option to use to end the situation safely for himself, its all legal.
Link Posted: 9/6/2004 4:58:41 AM EST
If the needle was infected would have no play in the case. He has to BELIEVE he is danger and fears bodily harm or and death. If i responded to the call. He would of been taken in that night until the detectives sorted it out. It is always better to be judged by 12 than carried by 6.

J
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