Originally Posted by The_Real_Hawkeye
Originally Posted by grouseman
So what happens if the guy dies because his head hit the pavement - concussion, brain bleed, whatever. Is this possibly manslaughter, or something else? You never know how a DA is going to look at this. I don't think you can count on every DA looking at it and saying "Oh yeah, fully justified. No charges." Hell, there could be a horrendous civil suit depending on the injuries.

Yeah, FAFO. Maybe for both of them.
When someone corners you against your car in a rage, then violently knocks something out of your hand while remaining in a hostile posture, you are permitted in the law to neutralize him with anything short of the kind of force reasonably calculated to be lethal or to create serious bodily injury. A single punch to the face (even if it might cause death or serious bodily injury) is not considered force calculated to bring about death or serious bodily injury, but rather calculated to neutralize any further aggression from the attacker.
The key word here is “ corners”. The guy that threw the punch did not appear to be “cornered”.

There are several States that have “Duty to Retreat” laws, Arkansas being one of them.

“Duty to Retreat” means just that.

A state with a form of a “duty to retreat” policy expects individuals to attempt to retreat from imminent danger by running away or escaping the situation. If the individual is physically incapable of fleeing the situation, the use of deadly force can be considered self defense. If a person is cornered or physically restrained and facing bodily injury or death, they are then authorized to use whatever force necessary to protect themselves, including deadly force.

https://scharfflawfirm.com/self-defense-laws-u-s/

The driver stopped and got out of his truck, he did not retreat( drive away).

I suspect there might be legal consequences coming his way.


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