CA - Off Duty Police Officer shoots man and parents after altercation in Costco, Corona, June 2019

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  • #61
  • #62
California Self Defense Laws - FindLaw

California Self Defense: The Castle Doctrine


California is not a stand your ground state, but does recognize the "castle doctrine," which applies to one's home, place of business, or other real property. Similarly, an individual using deadly force to protect his or her property has no duty to retreat. But castle doctrine rights end when an individual is no longer on his or her real property. As a general rule of thumb, any force used against an intruder must be proportionate to the harm reasonably feared.
 
  • #63
California is way different, but yes, in most places, you can shoot someone who attacks you. A punch can kill. Let's not forget this guy was holding his kid.
Kid reportedly had no injuries and officer himself is described as having minor injuries. Was deadly force really necessary?
 
  • #64
From some of the reports I seen, the gun used by the cop was the only weapon involved.
"Police have not named the officer involved and say that the officer’s gun was the only weapon in the case."
Man killed after an alleged argument and attack on an off-duty officer in Costco was nonverbal, cousin says
If french had a knife, and it was at the scene. This would be a slam dunk self defense case. But there wasnt. If there was it be reported and there wouldnt be as much issue.

IMO, from what was reported. French didnt have a weapon.
 
  • #65
California is way different, but yes, in most places, you can shoot someone who attacks you. A punch can kill. Let's not forget this guy was holding his kid.
That is incorrect. I posted the law and it contradicts what you said.
 
  • #66
From some of the reports I seen, the gun used by the cop was the only weapon involved.
"Police have not named the officer involved and say that the officer’s gun was the only weapon in the case."
Man killed after an alleged argument and attack on an off-duty officer in Costco was nonverbal, cousin says
Conflicting reports. I'm not sure which is correct yet.

Everyone is entitled to their opinion.

If people want to believe a cop shot an unarmed person who doesn't talk for no legitimate reason at all that's fine with me.

I need some more information before I jump on board with that conclusion. JMO
 
  • #67
California Self Defense Laws - FindLaw

California Self Defense: The Castle Doctrine


California is not a stand your ground state, but does recognize the "castle doctrine," which applies to one's home, place of business, or other real property. Similarly, an individual using deadly force to protect his or her property has no duty to retreat. But castle doctrine rights end when an individual is no longer on his or her real property. As a general rule of thumb, any force used against an intruder must be proportionate to the harm reasonably feared.
What if the officer couldn't safely retreat while holding his child? Could he then legally defend himself and the kid?
 
  • #68
Conflicting reports. I'm not sure which is correct yet.

Everyone is entitled to their opinion.

If people want to believe a cop shot an unarmed person who doesn't talk for no legitimate reason at all that's fine with me.

I need some more information before I jump on board with that conclusion. JMO

May I ask where the conflicting report is coming from? Ive ONLY seen the report of the gun being the only weapon
 
  • #69
What if the officer couldn't safely retreat while holding his child? Could he then legally defend himself and the kid?

any force used against an intruder must be proportionate to the harm reasonably feared.

If French had no weapon, shooting him and his parents 6-7 times is not proportionate.
The kid had no injuries and the cop had very minor. What kind of threat would be equal to 6-7 shots, IN A PUBLIC PLACE, that take out a whole family? Not one that I can see here.
 
  • #70
If people want to believe a cop shot an unarmed person who doesn't talk for no legitimate reason at all that's fine with me.

SBM: yea, because THAT'S never happened before.
 
  • #71
SBM: yea, because THAT'S never happened before.
I wouldnt be suprised if Non-verbal French accidentally bumped him, the cop got mad, likely wanted to flex power and started to argue and got upset when French did reply and escalated from there.

Thats my theory, but the tapes should show the truth
 
  • #72
  • #73
May I ask where the conflicting report is coming from? Ive ONLY seen the report of the gun being the only weapon
Read the link I posted in post #59.

The officers gun may in fact be the only weapon involved.

Let me ask this. Is using deadly force by anyone legal only if the person is being attacked by someone with a weapon?

If anyone can answer this can you please provide a link to California law that would apply to this case in particular. Thanks.
 
  • #74
  • #75
any force used against an intruder must be proportionate to the harm reasonably feared.

If French had no weapon, shooting him and his parents 6-7 times is not proportionate.
The kid had no injuries and the cop had very minor. What kind of threat would be equal to 6-7 shots, IN A PUBLIC PLACE, that take out a whole family? Not one that I can see here.
So you're saying that a person has to suffer a certain degree of physical injury before lethal force is allowed by law?

I thought that using lethal force is to prevent injury. JMO
 
  • #76
Read the link I posted in post #59.

The officers gun may in fact be the only weapon involved.

Let me ask this. Is using deadly force by anyone legal only if the person is being attacked by someone with a weapon?

If anyone can answer this can you please provide a link to California law that would apply to this case in particular. Thanks.

I posted california's law. If you are being attacked ON YOUR OWN PROPERTY, and feel your life is threatened then you have a right to act in self defense. if not on property you must retreat and only give force proportionate to the threat. With no weapon by french, it's a stretch to think a cops life was in danger
 
  • #77
I posted california's law. If you are being attacked ON YOUR OWN PROPERTY, and feel your life is threatened then you have a right to act in self defense. if not on property you must retreat and only give force proportionate to the threat. With no weapon by french, it's a stretch to think a cops life was in danger
So the attacker doesn't need to be armed with a weapon to pose a sufficient threat that allows for lethal force to stop the threat. JMO
 
  • #78
So you're saying that a person has to suffer a certain degree of physical injury before lethal force is allowed by law?

I thought that using lethal force is to prevent injury. JMO

Not suffer, but reasonably be at the threat of death to be able to inflict a deadly blow.

Like
if he got pushed, push back, and retreat, not shoot.
If he got punched, punch back, and retreat, not shoot.

But he shot 6-7 times at 3 unarmed people. Again I truly believe if a knife was there it be reported because that would ease the situation. No one would complain if he came at him with a knife.
 
  • #79
So the attacker doesn't need to be armed with a weapon to pose a sufficient threat that allows for lethal force to stop the threat. JMO
no, but I said weapon because that is the best description. I guess shoving someone can be stretched, and i mean stretched, to be leathal, but no one is going to buy that.
 
  • #80
Not suffer, but reasonably be at the threat of death to be able to inflict a deadly blow.

Like
if he got pushed, push back, not shoot.
If he got punched, punch back, not shoot.

But he shot 6-7 times at 3 unarmed people. Again I truly believe if a knife was there it be reported because that would ease the situation. No one would complain if he came at him with a knife.
Do we know what kind of attack on the officer happened yet? No we don't.

Did he get bumped? Did he get shoved? Did he get punched once? Did he get punched repeated until he was losing consciousness? Did he get choked? Did he get knocked to the ground and kicked in the head?

We don't know if he was physically attacked at all. JMO
 
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