Quote (cambovenzi @ May 11 2020 01:22pm)
You fumbled the ball on this point.
There is a categorical difference between unnecessarily shooting someone to subdue them for a citizens arrest, which would be unlawful use of force in line with the other examples given, and shooting someone who charged you and grabbed your gun while punching you.
Attempting a citizens arrest doesn't preclude using force if they attack you.
"When making a citizen's arrest, a person may not use more force than is reasonable to make the arrest. Deadly force is limited to self-defense or to instances in which such force is necessary to prevent certain felonies."-Georgia Area legal Aid office
Its seems plausible they might not have fulfilled the requirements of a proper citizens arrest in other areas, specifically around knowledge of a crime.
Correct, had they had direct knowledge that a citizens arrest was lawful to make they would have been lawfully able to brandish a weapon in order to make a criminal comply with said citizens arrest. if however the person turned and fled, even with hands bulging with stolen construction tools from a jobsite they saw him steal them from, they cant shoot him.
their usage of self defense from an attacker rests on their legal right to have a gun pointed at him, which they didnt have. the deceased had the legal right to fear for his life, and even attack those with guns despite being unarmed, because there was no legal right for a citizens arrest.
and as a side note i dont see anything short of a known weapon on the burglar in clear site as a reason to approach him with guns drawn anyways. simply approaching an unarmed man with guns drawn is an escalation of force, and they're not legally use-able.
cops are free to shoot someone when they reach for a cellphone, citizens aren't. citizens arrest laws are designed to detain physically a fleeing criminal, there's not any gun vs non-gun legal uses i know of, or more realistically no guns can be used on someone without them having a weapon or a legit fear of being beaten to death.
This post was edited by thesnipa on May 11 2020 12:34pm