An afternoon shootout at a busy Burger King restaurant in Miami left a potential robber dead and the customer who shot him seriously wounded.
The bloody event unfolded about 4 p.m. Tuesday at the restaurant at Northeast 54th Street and Biscayne Boulevard. It was a time, employees said, when it is usually crowded with schoolchildren and people getting out of work early.
The robber entered wearing a ski mask. He approached a clerk, showed his gun and demanded money, said Miami police spokesman Jeff Giordano.
A customer eyed him and the two started arguing. The customer had a concealed-weapons permit and his gun — and the two exchanged gunfire.
The robber crumpled to the floor and was pronounced dead at the scene.
The customer, with several gunshot wounds, was in serious but stable condition at Jackson Memorial Hospital’s Ryder Trauma Center. Source: Miami Herald
Now the report specifies that the citizen said something to the slime before the shooting began. What I want to discuss is....
Do you order the slime to drop the weapon and surrender? Or, the weapon having been presented, do you just start shooting? Which is tactically correct? Which is legally correct?
I think it goes without saying that the legal part needs to be generalizations as each state will vary, but a baseline to operate on could be generated. I'm going to ask a couple of LEO bloggers to please pop over and weigh in on this. One is in Texas and the Other is in Ohio. *Update* I couldn't get a hold of the Ohio LEO, and I'm hoping Brigid will read this and say something, but with any luck, the comments are gonna go all Tam and Breda on you.
How do I vote? Well, I have to tell you that if I had more readers and was sure that a discussion would be generated, I would reserve comment until a few folk had weighed in. Since I don't generate that much discussion, I tell you that what I'd do is perform a surreptitious draw, set my sights carefully on the target, then double tap it in the chest. Then I'd dial 911. The slime already has announced it's intention to break the law and has presented a deadly weapon with which to back up it's intentions. At that point, what it is thinking is clear and it has now presented a danger to everyone in the immediate vicinity. I believe that any sane person would feel a justifiable amount of fear at this point so legally, you should be covered if your state (Michigan does) allows you to employ lethal force to meet perceived lethal force threats anywhere you have a legal right to be. Burger King would fit that description.
My opinion (as a layman, not an attorney or LEO) is that I would be tactically sound in not announcing my intentions and legally sound in engaging a perceived lethal force threat with lethal force.
Remember not to focus all of your concentration on the slime at the counter. There may be another nearby. Cowards like these often work on pairs or small groups. Continue to be vigilant to your surroundings.
H/T Syd at Front Sight, Press