Should be... But will he? This only escalates things for everyone to arm themselves. Trumpers will still probably use Rittenhouse as the martyr since he didn't "choke" as any proud soldier should not... Sucks for the dead man's family, and of course whatever semblance of public discourse is left But gun culture in America is not crazy at all... children everywhere going through metal detectors and psycho drills is A-OK NORMAL We free and proud of it!
Given that you can see the shell in the air and the amount of mace that had already been sprayed, it's hard to see how the gun could have been fired before he started spraying the mace Regardless, it doesn't seem justified on the surface to me, but I do not know exactly what happened. If I feared that the guy was trying to mace me and then beat me up, that might be a justification for deadly force. But why did he reach for the mace canister? Also if I were in a confrontation with someone and had a weapon, I'd probably seek to de-escalate and tell the person my role is to provide security and warn him not to do anything that would constitute assault and he should keep his distance. I don't know if that happened or not.
There is a high resolution video. The question is whether he was maced because he had his side arm drawn or did he pull it in defense. As someone else noted, its going to fall on local jurisdiction. Bottom line, pulling out a firearm should always be a last resort. This was not the case. Same with Rittenhouse. And same with many of the other shootings.
It should be noted that in Rittenhouse's case, he had his firearm already out and was aiming it at people unprovoked.
In the video you can hear the smack, the spray and then the gunshot. No clear videos other than these pics
Try these The early postings in this thread show how quickly the public reacts to a few photos & a story.
I can't see deadly force being justified in this one .... at least from the little I've read (Very little - pretty much this thread up to this point). There's no "imminent threat" to the shooters life. Its likely murder 2 and at the very least a manslaughter charge. These shooting cases have to be taken in context.
Pretty much anyone has the right to be in the vicinity - Its a public place. The threshold here is imminent threat. The question boils down to whether or not mace qualifies as imminent threat to life and wellbeing.
"Right to be in a vicinity" doesn't mean "legal right". What people are referring to is intent. Are you there to rile up tensions? Or are you there because of a job? That is a factor.
It doesn’t have have to be imminent threat to his life. The law is apparently similar to Texas so the lowest threshold is reasonable fear of serious bodily injury. It’s really just going to be on the prosecutor’s discretion, The dead guy had slapped or punched the Pinkerton before approaching him a second time with a can of mace and spraying it right when he was shot in the videos I saw anyway.
Mace and a bit to the face. Also we need to know when the shooter shot the person with mace. Did he decide to pull the trigger as the victim was doing the motion to pull out the mace not knowing what he was pulling out and assuming the worst that he was pulling out a firearm?
Left/Right. Right/Wrong. It still bothers me to see the pictures posted of someone being shot to death.