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ARMED CITIZEN TAKES DOWN GUNMAN AFTER SHOOTING IN SKYWAY-

 

SEATTLE- Police say an armed citizen helped arrest a man who shot another man late Saturday in the Skyway neighborhood south of Seattle.

 

King County Sheriff's Sgt. John Urquhart said the victim was shot just after 9 p.m. during an argument in the parking lot of the US Bank branch at 12610 76th Ave. S.

 

A man not involved in the dispute who was using the ATM at the bank pulled out his own gun and pointed it at the shooter, Urquhart said.

 

Urquhart said the man is licensed to carry the weapon and also had handcuffs with him, although he is not a member of law enforcement.

 

By the time police arrived, the good samaritan already had the suspected shooter cuffed and disarmed.

 

"That's very unusual, very surprising, and not recommended," Urquhart said of the citizen who intervened. "This guy did a great job, but we don't recommend doing that. You certainly do that at your own risk."

 

The man who was shot was taken to Harborview Medical Center with serious injuries, but he is expected to survive.

 

Investigators are looking into whether a dispute over drugs may have prompted the shooting.

 

 

Read more: http://www.seattlepi.com/local/komo/article/Citizen-takes-down-gunman-after-shooting-in-Skyway-1751843.php#ixzz1UMWPDyIl

 

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Investigators are looking into whether a dispute over drugs may have prompted the shooting.

 

Around here if you pull a weapon our to defend a person who isn't innocent, then you're stuck with the weapon/assault charges.

 

In normal 'self defense' with a handgun, you're admitting to commiting a crime, that of pulling a gun out on someone. In order to claim 'self defense' and to prevent being prosecuted/sentenced for those charges you must meet certain prerequisites (Not at fault, fear of danger, duty to retreat). In order to claim the same thing when defending a 3rd party, that 3rd party has to be innocent of all of these items. From our Attorney General:

 

Defense of Others

 

A person may defend another only if the protected person would have had the right to use deadly force in self-defense themselves. Under Ohio law, a person may defend family members, friends or strangers. However, just as if he were protecting himself, a person cannot use any more force than is reasonable and necessary to prevent the harm threatened.

 

A defendant, who claims he used deadly force to protect another, has to prove that he reasonably and honestly believed that the person he protected was in immediate danger of serious bodily harm or death and that deadly force was the only way to protect the person from that danger. Furthermore, the defendant must also show that the protected person was not at fault for creating the situation and did not have a duty to leave or avoid the situation.

 

WARNING: The law specifically discourages citizens from taking matters into their own hands and acting as law enforcement. This is true even if the person thinks he is performing a good deed by protecting someone or helping law enforcement. The Ohio Supreme Court has ruled that a person risks criminal charges if he interferes in a struggle and protects the person who was at fault, even if he mistakenly believed that person did not create the situation.

 

In other words, if you misinterpret a situation and interfere, you may face criminal charges because your use of deadly force is not justified. If you do not know all the facts and interfere, you will not be justified to use force. It does not matter that you mistakenly believed another was in danger and not at fault.

 

 

A dispute over drugs could go either way, I'd not want to be involved in that, but if I didn't know what was going on and I saw someone shoot an unarmed person I'd probably respond similarly to this guy, though without the handcuffs.

 

 

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