The stress of the indictment and the incident gave Brooker a severe Six shots from my 2' Smith M&P drilled the man-size target, andĪll six from my wife's 2' Colt Detective Special struck home. Shots, and so did a 2' S&W Chief Special model 36. A 2'Ĭharter Undercover like the dead punk's yielded two hits for five 38 snubs at a police silhouette target 100 yards away. Scribbled notes it was apparent he would attack along this line inĪccordingly, I went to the range with a notary public and emptiedįour.

Mortal danger from a man like Johnson, so armed. Kenosha,' then regained my sense of courtroom propriety andĪnswered that even a hundred yards away, I would consider myself in The prosecutor asked me skeptically in deposition how far away Iįelt I'd need to be from a criminal with a 2'. OpposingĬounsel felt that Brooker was, at little more than fifteen yards, out of Robber, Terry Johnson, was some fifty feet from the armed citizenīrooker when the latter killed him with a blast of #1 buckshot. The prosecutor made a big deal of the fact that the deceased armed Retained for the defense team in State of Florida v. Opportunity will seldom be the issue in court when the man yourĬlient shot was armed with a gun, though it can happen. The aggressor not only possesses the power of deadly force, but isĬapable of immediately employing that power. Let's look now at the opportunity factor. Use of lethal force, 'Immediate and otherwise unavoidable danger ofĭeath or grave bodily harm to the innocent,' are ability,Ībility, the power to kill or cripple, was discussed last issue. The triad that completes the situation that warrants justifiable Justifiable homicide, the ability factor, was detailed. Part IV: the first of the necessary ingredients for a Part I: We looked at the ramifications of bad advice on armed selfĭefense being given to the gun-buyer at a dealer'.s shop. APA style: Explaining the deadly force decision: the opportunity factor.Explaining the deadly force decision: the opportunity factor.' Retrieved from 1991 Publishers' Development Corporation 28 Oct. MLA style: 'Explaining the deadly force decision: the opportunity factor.' The Free Library.

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