Headless Thompson Gunner
Member
I must be the only one who thinks your friend did the right thing.
The attacker was obviously looking for trouble. He pursued your friend while shouting threats, shoved the girlfriend out of the way, and ignored repeated commands to stop. It's clear that an attack was imminent.
If the attacker really is twice the size of your friend, then your friend could argue disparity of force. Anyone who has studied hand to hand fighting knows that skill and training is no substitute for size and strength. If anything, his marine training might be grounds for reinforcing your friend's position. He could argue that as a marine, he knew that fighting hand to hand against a superior opponent was a dangerous proposition and likely to result in serious injury. Besides, what's to say that the bigger attacker wasn't also a marine or martial artist or whatever?
Your friend obviously couldn't flee. His girlfriend was on the ground after having been attacked by the madman. Fleeing would have left her to face the madman alone. His truck was in the middle of landing a boat, so they couldn't just jump in and drive off.
So, we have an obvious imminent attack by an attacker who ignored repeated commands to stop, we have demonstrated physical aggression against innocents, we have disparity of force, we have no opportunity to flee. Of course your friend should have grabbed his weapon!
I think a skilled lawyer should be able to get your friend off without too much difficulty. I trust that your friend has already hired a good attorney, right?
The attacker was obviously looking for trouble. He pursued your friend while shouting threats, shoved the girlfriend out of the way, and ignored repeated commands to stop. It's clear that an attack was imminent.
If the attacker really is twice the size of your friend, then your friend could argue disparity of force. Anyone who has studied hand to hand fighting knows that skill and training is no substitute for size and strength. If anything, his marine training might be grounds for reinforcing your friend's position. He could argue that as a marine, he knew that fighting hand to hand against a superior opponent was a dangerous proposition and likely to result in serious injury. Besides, what's to say that the bigger attacker wasn't also a marine or martial artist or whatever?
Your friend obviously couldn't flee. His girlfriend was on the ground after having been attacked by the madman. Fleeing would have left her to face the madman alone. His truck was in the middle of landing a boat, so they couldn't just jump in and drive off.
So, we have an obvious imminent attack by an attacker who ignored repeated commands to stop, we have demonstrated physical aggression against innocents, we have disparity of force, we have no opportunity to flee. Of course your friend should have grabbed his weapon!
I think a skilled lawyer should be able to get your friend off without too much difficulty. I trust that your friend has already hired a good attorney, right?