One less bad guy in Minnesota -- Good guy could be in trouble

By
Industry Observer

Thursday night, a woman was assaulted and robbed in a south Minneapolis grocery store parking lot.  A witness chased the robber and eventually there were gunshots, and the bad guy is no longer a resident of earth.  The robber had a gun, and it was drawn at the time he was shot by the Good Samaritan.  The shooter had a permit to carry a firearm, but he now has to prove that he is not a murderer. 

The Minnesota, the only legal justification for shooting someone is self defense.  The fact that the other guy just committed an assault and robbery and has a gun drawn is not sufficient grounds for shooting him.  The shooter must prove that he was not the aggressor, that he felt threatened, and that he was unable to retreat.  Although I think the result will be that the Good Samaritan will not be charged, and if charged, he would be found not guilty, he has a lot of expense and effort ahead of him.

I'm not sure how things would turn out if the bad guy had a gun pointed at the assault and robbery victim.  The Good Samaritan would have a hard time proving that he personally felt threatened, or that he could not retreat.  It seems that we do a great job protecting criminals form physical harm.  I wonder if this is unique to my state.

Posted by

 Mike Carlier  Lakeville, MN

 

612-916-3033

 

Comments (4)

Anna Banana Kruchten CRS, CRB, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

Wow....sounds to me Mike that if he hadn't taken action the robber would have done him in?  That lady was lucky to have somebody caring enough to take action. 

Oct 23, 2011 01:50 PM
Mike Carlier
Lakeville, MN
More opinions than you want to hear about.

Anna, thanks for your observation from the real world.  Unfortunately, the incident occurred in Minnesota.  Even if there is no criminal prosecution, I'll be surprised if the Good Samaritan doesn't end up defending a civil suit filed by the bad guy's family for wrongful death. 

Oct 24, 2011 03:18 AM
Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

The Man is a Hero.

     In Florida, we have the "No Back Down Law".  If your life is threatened, you can shoot to kill, and no charges can be filed against you.

     But even in Florida, a situation like the one you describe may warrant charges.   Hopefully the Prosecutor or District Attorney will recognize this man for the Hero that he is, and let him alone.   If he is ultimately convicted, the Governor should issue a Pardon, and commute any prison time or fines.

    And a Civil Suit?   Counter-Sue the family for breeding and harboring a criminal.

Oct 25, 2011 05:47 AM
Mike Carlier
Lakeville, MN
More opinions than you want to hear about.

There was an interview with a couple bad guy family members on the local news yesterday.  It's apparently all the good guy's fault -- surprise. 

Oct 25, 2011 06:35 AM

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?