Tag Archives: Armed Citizen

When “Warning Shots” go wrong: Liberty County man charged in shooting death of his son | Local News

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James Nesler, 61, is charged with murder in the death of J.A. Nesler about 3:45 p.m. at CR450, according to the Liberty County Sheriff’s Office.

Deputies said the elder Nesler told investigators his son had an argument with a friend who was visiting the home. After the brief disagreement, Nesler said he also had an argument with his son. His son started toward him and Nesler said he opened fire on the younger man with a .357 revolver to “warn” him, attempting to wound him in the shoulder to stop the confrontation.

via Liberty County man charged in shooting death of his son – Houston Chronicle.

We have long said that “warning shots” are a bad idea and they are not legal. This incident highlights one of the reasons we aren’t fans of “warning shots.” Let’s start with the fact this man admits he is using “deadly force” as a “warning.” By that, I mean he aimed with the intention of attempting to shoot someone non-fatally by hitting them in the shoulder. Folks, getting shot is like getting pregnant, you don’t get shot just a little bit. You either get shot or you don’t. If you cannot articulate an imminent threat of serious injury or bodily harm to yourself or a third person, there is no justification for shooting someone. But this story has a tragic conclusion in that a man managed to kill his own son while firing a “warning shot.” As much as I want to defend him and say that losing his son is a high enough price to pay, I can’t. As they say, the road to Hell is often paved with good intentions.

-GM

More info on theater shooting

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Sheriff’s Detective Allen Proctor wrote that Reeves spoke to Oulson during the movie previews, then got up and informed management.

When Reeves returned to his seat “additional words were exchanged” and Oulson threw a bag of popcorn at Reeves, the report said.

After officers read him his rights, Reeves told the detective that Oulson struck him in the face with an unknown object, and that’s when he removed a .380 caliber gun from his pants pocket. The report said Reeves fired the gun and struck Oulson once in the chest and that he “was in fear of being attacked.”

Judge Lynn Tepper said she found the evidence significant enough to warrant the no bond order.

via Details emerge on retired officer involved in theater shooting.

Our man on the beat, Jason, says he’s hearing from a reliable source that “the old man went and got the manager of the theater after the initial confrontation. Manager and old man confront texter, texter throws popcorn bucket in old mans face and becomes aggressive. Old man draws, and the gun is grabbed, possibly by the wife, possibly by the victim. Struggle over gun and gun goes bang…”

I agree with Jason’s assessment on Facebook that it seems odd that a 20+ year police veteran would shoot someone for simply throwing popcorn or “an unknown object” at him. It would seem there has to be more to the story. If there really was a struggle over the gun, that’s would go a long way toward filling in some holes. However, there’s a whole question of whether or not a gun should have been introduced into this discussion in the first place. That’s not an argument against carrying a gun. However, it is a question of whether or not producing said gun as a threat was justified.

Older retiree facing a younger, stronger, man is an argument that there is a disparity of force but, that isn’t necessarily justification for producing a firearm. Verbal threats alone are not justification for the threat of deadly force (i.e. drawing a firearm).  If you escalated things without justification and that turned into a fight over the gun, it may foul any claim of self-defense. This is a case to watch as their are obvious implications for all of us who choose to go armed.

-GM

Jackson: Gun owner unarmed, unwelcome in Maryland — Tampa Tribune

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The officer came back to John. “You’re a liar. You’re lying to me. Your family says you have it. Where is the gun? Tell me where it is and we can resolve this right now.”

Of course, John couldn’t show him what didn’t exist, but Kally’s failure to corroborate John’s account, the officer would tell them later, was the probable cause that allowed him to summon backup — three marked cars joined the lineup along the I-95 shoulder — and empty the Expedition of riders, luggage, Christmas gifts, laundry bags; to pat down Kally and Yianni; to explore the engine compartment and probe inside door panels; and to separate and isolate the Filippidises in the back seats of the patrol cars.

Ninety minutes later, or maybe it was two hours — “It felt like forever,” Kally says — no weapon found and their possessions repacked, the episode ended … with the officer writing out a warning.

via Jackson: Gun owner unarmed, unwelcome in Maryland.

Every now and then, you hear of a traffic stop gone wrong that makes your blood boil. The story of John Filippidis is just such a case. I really want to side with the cops but, from the way this story is told, this started out as profiling (a late model SUV with Florida plates on I95 with five occupants driving the speed limit through Maryland…Must be a car full of drug mules, let’s follow them until they do something to justify pulling them over) and then it turned into full on hoplophobia by an overzealous cop. At least that’s the narrative here. I’d really be interested in seeing dash or body cam footage if it exists. It would go a long way toward settling the question of what happened. The officer may indeed have had PC for the search but, soft skills go a long way in maintain public trust with police officers versus perpetuation of the “us versus them” mentality on both sides. I know cops that I’d glady step in to help if I saw them in need. But there are some I’d also gleefully watch burn on the side of the road. I’ll reserve judgement in this case until all the facts are in.

-GM

Texting, hazardous to your health in more ways that one…

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WESLEY CHAPEL (FOX 13) –

A moviegoer lost his life inside a Pasco County theater Monday afternoon after a dispute over texting with a retired police officer.

According to the sheriff’s office, the dispute happened before the 1:20 showing of ‘Lone Survivor’ had even gotten underway at the Cobb CineBistro at Grove 16 complex on Wesley Grove Blvd.

Investigators say two couples had gotten into an argument over noise.

“The victim was on his cell phone; he was texting. We believe he was making some kind of noise. This noise led to an altercation between the suspect and the victim,” Sheriff Chris Nocco explained.

via Man killed after dispute over texting in theater – FOX 13 News.

The fact this happened in Florida will again lead to liberal media bringing the “Stand Your Ground” law into the discussion even though it really has nothing to do with this incident. The shooter in this case is someone who should know/understand use of force better than most. If he can’t articulate a reasonable belief of an imminent threat of bodily harm to himself or someone else, a jury will decide his fate. For the time being, 71-year-old, Curtis Reeves, a retired Tampa police officer, has been arrested and charged with second-degree murder. Unfortunately, no matter what happens, the lives of those involved will never be the same and a child has lost her father.

-GM

FOX 13 News

Be dangerous…A cops advice.

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“…be polite and professional, but know what it takes to look — and be, if necessary — dangerous in the eyes of the criminal predator.” – Sgt. Steve “Pappy” Papenfuhs via Be dangerous: Maintaining street smarts off duty.

Good advice that carries over to the average guy walking the street. A friend/mentor said to me years ago, “If you act like a wounded minnow, you’ll be treated like one.” Same point as mentioned above, just a different expression. It’s a worthwhile read.

-GM