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mvccd1000

(1,534 posts)
Wed Apr 18, 2012, 01:35 AM Apr 2012

Valid defensive gun use?

Sounds like this guy did all the right things - I'm curious as to whether anyone here disagrees, or thinks he should not have been armed?

MESA, AZ - A Mesa man is in custody after threatening to kill his neighbors because God told him to do it.

Richard Hess, 42, is facing several charges including aggravated assault and making deadly threats.

His next door neighbor, Seth, told ABC15 that he and his fiancée were eating dinner Monday night when they noticed Hess glaring at them through a window with what they call a "crazed look in his eyes."

Next they say Hess broke the window with his fist while holding a knife and telling Seth over and over, "Today is the day you are going to die."

Police say Hess later told officers he believed his neighbors were terrorists who were trying to kill him by sending poisonous gas through the vents.

According to police, Hess also said, "God told me to do it."

"My fiancée was hit with the glass and I went into protection mode," Seth said. He said he locked the door, called police and pulled out his gun in case Hess made it inside.

Hess is now in the Maricopa County Jail while Seth and his fiancée have moved out of their apartment and say they are not going back.


Had Hess made it through the door, while threatening to kill this couple, would you have a problem with Seth having acted as "judge, jury, and executioner?"
19 replies = new reply since forum marked as read
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Valid defensive gun use? (Original Post) mvccd1000 Apr 2012 OP
Nope. He would have been completely justified, in my view. TheWraith Apr 2012 #1
The bubba was crackers but that does not mean he could not be a credible threat. ProgressiveProfessor Apr 2012 #2
Agreed on all points NT Serve The Servants Apr 2012 #10
Did someone say this wasn't? Arctic Dave Apr 2012 #3
I say... discntnt_irny_srcsm Apr 2012 #4
Damn straight, don't ever waste a chance to shoot someone. Hoyt Apr 2012 #5
"By god, how many chances do you think you'll get to shoot a man." discntnt_irny_srcsm Apr 2012 #6
Oh also... discntnt_irny_srcsm Apr 2012 #7
+1 yamihere Apr 2012 #11
Would you object if he shot Hess in the back? ellisonz Apr 2012 #8
Yes - if there was clear evidence Hess was retreating. nt hack89 Apr 2012 #15
+ 1 n/t discntnt_irny_srcsm Apr 2012 #16
Not at all. Serve The Servants Apr 2012 #9
not to butt in but... discntnt_irny_srcsm Apr 2012 #17
AZ? TheCowsCameHome Apr 2012 #12
Apparently you do not believe that he handled the situation correctly. oneshooter Apr 2012 #18
Checklist melm00se Apr 2012 #13
You would be as crazy as Hess to think not. RegieRocker Apr 2012 #14
Ability, opportunity, jeopardy. ManiacJoe Apr 2012 #19

TheWraith

(24,331 posts)
1. Nope. He would have been completely justified, in my view.
Wed Apr 18, 2012, 01:40 AM
Apr 2012

It's a shame though that the guy and his fiancee have effectively been scared out of their home. I hope they feel less impacted after things calm down.

ProgressiveProfessor

(22,144 posts)
2. The bubba was crackers but that does not mean he could not be a credible threat.
Wed Apr 18, 2012, 01:49 AM
Apr 2012

911 had been called, their exit blocked, if he had made his way inside and was killed, it would appear to have met the legal and ethical tests for lethal self defense.

discntnt_irny_srcsm

(18,479 posts)
4. I say...
Wed Apr 18, 2012, 02:15 AM
Apr 2012

..."Off the crazy."

Add it up:
threatening + unstable + breaking in + armed = target

no hesitation and even less remorse

 

Hoyt

(54,770 posts)
5. Damn straight, don't ever waste a chance to shoot someone.
Wed Apr 18, 2012, 02:22 AM
Apr 2012

By god, how many chances do you think you'll get to shoot a man. Even though things worked out OK, don't waste a chance to squeeze the trigger and watch brain matter spatter. (sarcasm thingy)

Serve The Servants

(328 posts)
9. Not at all.
Wed Apr 18, 2012, 03:16 AM
Apr 2012

Hess threatened to kill Seth and had a knife. BOOM! Head shot! Now call the cops, and while you wait for them to arrive go finish the rest of your dinner before it gets cold.

That being said, killing someone because you fear getting a busted nose and a bloody lip is totally unacceptable, IMHO.






oneshooter

(8,614 posts)
18. Apparently you do not believe that he handled the situation correctly.
Wed Apr 18, 2012, 07:40 PM
Apr 2012

How would have you handled it differently?

Oneshooter
Armed and Livin in Texas

melm00se

(4,988 posts)
13. Checklist
Wed Apr 18, 2012, 08:01 AM
Apr 2012

- Is the person armed? Check

- Is the person an imminent threat? outside the house blocked by a locked door? no; had he made it thru the door? yes

- Would a reasonable person define this person as a threat? yes, the comment "Today is the day you are going to die." would make that pretty clear.

- Would a person be justified in shooting (and potentially killing) the threat? again, if the attacker was outside and barred from entry, ethically no. legally? not sure, depends upon the state laws (in NC, according to my CCW class, no...but the laws recently changed so it may be). Once the attacker enters my home? sorry charlie but you are going to acquire a serious, if not lethal, case of lead poisoning.

ManiacJoe

(10,136 posts)
19. Ability, opportunity, jeopardy.
Wed Apr 18, 2012, 07:54 PM
Apr 2012

That is the standard for self defense.

Jeopardy - Hess made verbal threats to kill.

Ability - Hess had a deadly weapon (knife).

Opportunity - Hess remain outside the house, thus he did not have the opportunity to harm anyone inside the house. If he had entered the house, Hess would have met the criteria.

Once AOJ has been met, legally you are OK using lethal force for self defense. Whether or not doing so is good tactics for the situation is a different conversation.

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