Attempted Murder at Ohio Family Dollar
07 August 2016, Lindale, Ohio
A “lawful gun owner” attempted to murder a man at a Family Dollar on the corner of West 117th and Bellaire in Linndale, Ohio.
The peace of the Cleveland suburb was shattered by gunshots ringing out around 3pm. Which noise carried the news of yet another life shattered by needless gun violence and a deprivation of someone’s rights to due process.
According to multiple reports, the unnamed man was fooling around in the store when the shooter, upset by the man’s antics, drew his concealed handgun and opened up on the man, endangering everyone in the store and striking the man in the head, sending him to the hospital.
But, you can’t really blame the shooter. The man he shot was attempting to rob the Family Dollar in question, waving his own gun around and threatening the lives of the customers and staff to encourage their cooperation.
Seeing an opportunity, the licensed concealed carrier drew his gun and fired on the threat, striking him in the head.
Once the police finally arrived, the man was taken to MetroHealth Medical Center where he is in an unknown condition.
Let’s talk about this. As citizens who have confronted the reality that the police are not required to save you and will most likely not get be able to get there in time to save you, we have the right and responsibility to take care of ourselves.
This man had a decision to make.
Playing the odds, there is no reason that the felon waving the gun around was definitely going to shoot anyone. There were even lower odds that, out of however many people were there, that the license holder would be the one selected to receive a bullet.
However, because this is still America, and the shooting took place in a free-state (a state where self-defense isn’t treated as a crime unto itself) the license-holder was not required to read the attacker’s mind. He was only required to deal with the threat as it was presented to him.
The threat was an aggressive individual pointing a gun at people. The fact that he was using the gun to gain leverage for a robbery or that he may not have had any intention to shoot anyone is utterly irrelevant to the case.
Further, the robber rendered that question moot when he opened fire on the armed citizen.
While we’re not lawyers, and definitely not Texas or Ohio lawyers, if this shooting had taken place in Texas it appears to us that this would be a pretty open and shut case. A man attempted an armed robbery and began shooting at someone who attempted to prevent a potential loss of innocent life, standing in the shoes of all of the unarmed people in the area.
Under Texas law you are not allowed to possess a firearm during the commission of any crime other than a misdemeanor involving boating or traffic laws. We would think that armed robbery would not fall under that exception.
Pointing a gun at someone is a death threat.
Perceiving that several people were being threatened with death, Texas law generally permits you to defend an unarmed 3rd party under a definite threat of deadly force.
Texas law also forbids one to use force to resist lawful force.
Opening fire on an armed robber threatening the lives of multiple people is lawful force.
Therefore, should the robber survive, he should consider himself lucky.
Our condolences go out to the carrier. We hope that the robber has sufficient assets to pay for any therapy you my require after being forced to defend a crowd.