CCW Involved Shooting at Concord Mall

[lems902]

Can’t wait to see more details come out on this. From the DSP - “A citizen with a conceal carry permit fired shots at the fleeing vehicle’s tires and remained on scene.”

https://dsp.delaware.gov/2019/05/03/troopers-investigating-shoplifting-shots-fired-incident-wilmington/

http://firststateupdate.com/2019/05/troopers-shoplifting-suspects-ram-concord-mall-security-vehicle-shots-fired/

[MarkB]

I wonder how this will work out for the CCW holder.  Was he in danger when he fired or were the BGs just fleeing?  Should he have fired or not?  We do need the details.

[lems902]

An

Man with concealed carry permit opens fire at car of fleeing shoplifters at Concord Mall: Police

https://www.delawareonline.com/story/news/crime/2019/05/04/man-shot-tires-shoplifters-fleeing-car-concord-mall-friday/1100901001/

[Clarence]

I want to see the whole story as well.

[navitimer806]

1. Convey your intention to cooperate after speaking with counsel, but say nothing.
2. Identify any witnesses
3. convey your intention to sign a complaint if applicable
4. Say nothing. (did I mention that?)

[oldgraygeek]

If the description in the article is accurate, the gun owner is in trouble.
Shooting at an occupied vehicle, even at the tires, is considered deadly force in Delaware law. The justification for that doesn't seem to be there.

[groundgrid]

They were fleeing the mall but were they moving in the direction of the CC permit holder?
Car plus criminals coming at you at 60 MPH+ is a clear threat to your life.
It isn't possible to outrun a car moving toward you at a high rate of speed so he may have been justified.

Like everyone else said, need more details.

[Cbmarine]

CCW Safe is now running a series on “Window of Justification”.
Gary Eastridge, Critical Response Coordinator for CCW Safe, describes a “window of justification” that opens and closes in self-defense scenarios. The window opens when someone encounters an imminent threat of death or great bodily harm, and the window closes as soon as the threat is no longer imminent. Don West, CCW Safe National Trial Counsel and veteran criminal defense attorney, says “It’s a clearly defined window in the law. If you shoot too soon or too late, regardless of how imminent that threat was at one point in time, you’ve gone outside the parameters of the law.”

Did the CCW holder act when the suspects’ vehicle was deadly threat (60 mph) or a perception that there would be a deadly threat?  Will the CCW holder be able to justify his actions before a judge?

[Just Bill]

He was in no danger and the crime was minor, some states are even considering setting a limit of $750 to be prosecuted.  So I suspect he is in trouble.  He did get them to stop and flee the vehicle, according to the story.

Chime in Todd, how would you teach that one??

[Radnor]

Well, as everyone else said need more info.

Which direction was the car going?  If at the shooter - maybe.
If AWAY from the shooter - MAYBE.  I say maybe because was he acting
to protect a 3rd party? 

With all of the news outlets having to the first to break
a story - we do not have all of the details.

If he was NOT acting to protect a 3rd party and car going away, he's going to share a bunk and soap
on a rope with Bubba....