Yet Another Case Demonstrating Why You Need Training If You Are Going To Keep A Firearm For Personal Defense

This story from the Pensicola area of the Florida Panhandle illustrates an unlawful use of force by residents against newspaper deliverymen who the residents believed to be burglars.

Armed citizens must remember that the use of deadly force is only justified when the person using that force reasonably believes that his/her aggressor is presenting imminent force which could result in the death or serious bodily injury to the armed citizen or a third person.

Mistaken ID: Man, Neighbor Chase Down, Shoot At Newspaper Delivery Men

February 24, 2010

An Escambia man and his neighbor ended up chasing down and shooting at three newspaper delivery men this morning thinking they were actually burglars.

Sgt. Ted Roy, spokesperson for the Escambia County Sheriff’s Office, describes what happened:

“At approximately 3:45 a.m., Escambia Deputies responded to a shots fired disturbance in the 5500 block of Turkey Rd. While en route information was being received that a white vehicle was being chased by a pick up truck and an SUV. When deputies arrived they observed three vehicles running in an open field. Deputies secured the vehicles and then observed several people within the field.

“All parties were secured and the following information obtained from the resident at the Turkey Road address: Douglas Weinberg stated that his wife woke him and stated that she observed someone inside the back yard creeping along the fence. Weinberg stated he armed himself with his black semi-automatic handgun and
exited his residence to see a white colored vehicle exit a side street one house from his. Weinberg stated his neighbors began exiting their residences due to the commotion.

“Weinberg’s neighbor, Jerry Stefani exited his residence with a revolver firearm and observed Weinberg yelling at a white vehicle. Stefani entered his pick up truck, picked up Weinberg and began chasing the white car. Another neighbor had entered his vehicle and tried to follow Weinberg and Stefani.

“Weinberg and Stefani pursued the white car, occupied by three people into an open field on Turkey Rd. The three occupants, later identified Dylan Duffewn (19), David Crittenden (32), and Daniel Hayes (22) got the car stuck in the mud in the open field and fled on foot due to Weinberg and Stefani being armed. Weinberg and Stefani then fired several rounds at the three fleeing occupants and into the air in an attempt to stop them from running into the woods. Victim/Duffewn stopped and laid down out of fear of being shot and the other two continued into the woods. Investigation revealed that Weinberg and Stefani had exited their residences with the above described handguns.

“The three occupants of the white vehicle were actually delivering newspapers for the Pensacola News Journal and were not involved in the attempted burglary at the Weinberg residence and fled only because they observed the two homeowners armed with guns and believed they were about to become the victims of a robbery.

“The actual burglars were not apprehended and left the area in the confusion. The Sheriff’s Office is investigating that case and has developed suspect information.
“Warrant Affidavits have been sent off for judicial review charging both Weinberg and Stefani with aggravated assault with a deadly weapon without intent to kill.”

Source: North Escambia.com http://www.northescambia.com/?p=14917

Even the police are prevented from using deadly force against unarmed fleeing felons who do not pose an imminent serious threat of death or serious bodily injury to the officer or public. This principle is established by the U.S. Supreme Court Case of Tennessee v. Garner.

U.S. Supreme Court

Tennessee v. Garner, 471 U.S. 1 (1985)

Tennessee v. Garner

No. 83-1035

Argued October 30, 1984 Decided March 27, 1985*

471 U.S. 1

APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE
SIXTH CIRCUIT

Summary

A Tennessee statute provides that, if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, "the officer may use all the necessary means to effect the arrest." Acting under the authority of this statute, a Memphis police officer shot and killed appellee-respondent Garner's son as, after being told to halt, the son fled over a fence at night in the backyard of a house he was suspected of burglarizing. The officer used deadly force despite being "reasonably sure" the suspect was unarmed and thinking that he was 17 or 18 years old, and of slight build. The father subsequently brought an action in Federal District Court, seeking damages under 42 U.S.C. § 1983 for asserted violations of his son's constitutional rights. The District Court held that the statute and the officer's actions were constitutional. The Court of Appeals reversed.

Held: The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. Pp. 497 U. S. 7-22.