I don't get your point here.

You seemed to be saying that it looked to you like the felony had to be 'completed' for a shoot to be justified.

I highlighted the words that say that the felony only has to be in the process, for a shoot to be good. Then you quoted more of the same... That the felony only has to be in the process, or there is a chance that the felony WILL BE completed.

Try to explain that to a jury comprised of 12 people too stupid to figure out an excuse to avoid jury duty in the first place. Yeah, yeah, civic duty and all that stuff but the reality is that most jurors aren't always the brightest bulbs in the chandelier. You're up crap creek if they have an anti-gun mentality as well. Putty in the Prosecutor's hands.

No. The statute specifically says "imminent danger of such design being accomplished. If a criminal is trying to escape, there is imminent danger that their felony is about to be accomplished.

Again, I'm not sure there was a felony offense about to be committed. It was shoplifting.

Yeah shoplifting isn't a felony... so your whole argument is moot. If it went down how PCS says it went down then its a bad shoot.

First and foremost be a good witness, and only defend yourself if absolutely necessary.

I agree with you, just the people here flapping about the RCW and felonies.



I agree. If they were going hands on with each other, shooting him then could have been justified ("he tried to get my gun"!)

But this is also the reality of video recordings -- they don't favor one party or the other.

Shoplifting becomes a felony if the store owner is present and attempts to stop the theft, and the suspect resists those attempts with force or threat of force.

Chalk it up to bad reporting.

Shoplifting can be a misdemeanor. But it becomes strongarm or armed robbery if the shopkeeper confronts the shoplifter and the shoplifter resists (strongarm) with stregth/size (aka Michael Brown) or pulls a weapon (armed robbery).

Here's an example of strongarmed robbery, a felony I believe, even though the dollar value was about $10 or so - Michael Brown. https://www.youtube.com/watch?v=mkOfqIXkBRE

I don't think shooting him at that point would be justified. But that's an example of a robbery type shoplifting offense.

Article said robbery, implying a felony. Shoplifting is not robbery. Different animal.

Just FYI, this is what the pierce county sheriff's office says the video showed.

http://q13fox.com/2016/03/28/i-was-real ... hoplifter/

"“The struggle that we see on the video is the store clerk punching the suspect and when the suspect goes to leave the store, we have video of the store clerk firing rounds at him,” said Detective Ed Troyer."

http://q13fox.com/2016/03/29/his-action ... hoplifter/

"Prosecutors said the latest incident began when Kim went outside to tell a group of loitering men to leave. They said video shows Mason using the opportunity to go inside and attempt to steal cigarettes from behind the counter

They said Kim went back in, pulled a pistol from his waistband, and held Mason at gunpoint. Video allegedly shows Mason putting his hands up as Kim back him into a shelf and punched him in the face.

At that point, prosecutors say, the two struggled and Mason ran for the door, stopped to pick up a pack of cigarettes. Video allegedly shows Kim shooting Mason twice in the back and Mason collapsing in the doorway."

I don't know that this falls under, "robbery." I really do sympathize with the clerk. That particular area is nasty area. He had been robbed multiple times. The guy that was killed, well the world is probably better off without him in it based on what I've read so far.

Hopefully the judge and prosecutor takes all this into account and are lenient. As a juror I would have trouble finding him guilty of murder 2. Unfortunately you can't legally use lethal force in a scenario like that. You just can't.

It doesn't matter how strong the perp is. "Strength/Size" is irrelevant to the RCW:

Right, but you're arguing something that doesn't appear to be applicable to this situation. At some point the video will be released and it will clear up this conversation. But for now, going by what the sheriff and the prosecutor says... Not applicable.

The sheriff spokesman Ed Troyer is the same idiot who made the statement at the end of this newscast justifying infringement on civil rights:
https://www.youtube.com/watch?v=DL7gB-M61MI

As for PC Prosecutor Mark Lindquist, he faces a recall effort, and several investigations due to ongoing problems with his bungling of cases, prosecutorial misconduct and other issues over the years:
http://www.thenewstribune.com/news/loca ... 32828.html

You can see why neither are particularly trustworthy.

Some people advocate the courts will be the answer, some advocate he was within his rights, some that he's a cold blooded killer. Doesn't change the fact that we will all eventually see the video and give our internet law degrees some rest.

True, sort of.... Size/strength would absolutely factor into threat of force or fear of injury. But you're right that it can be any trivial amount of force, just enough to complete the act, like a pickpocket. The RCW is written in the affirmative, not in the negative such as a defense "I barely touched her when I took her purse off her shoulder." Or a pickpocket, which barely touches you, likely commits a strongarm robbery - a pickpocket uses a barely perceptible amount of force to take your wallet even without your knowledge... It's stating that even minor force satisfies the element of the crime. Just confirmed it by looking at some case law on the issue.

But it's also saying that no force is even necessary. Under the right circumstance, a person who threatens you with a glare and evil look doesn't even need a weapon or to touch you, just says "I'm going to break your neck unless you give me your car keys and wallet," - that's enough to complete the crime if you turn over your property. No touching necessary. Just a credible threat; which would be somewhat subjective for believability.

Here it is in full:

I disagree....I got my worst asswhipping when I was a younger dude by a guy that was 80lbs lighter than me.



Don't measure a man by his size.