Monday, December 10 2012 12:09 AM EST2012-12-10 05:09:35 GMT
Three people were shot at the 300 block of North Wayne in Lockland Sunday afternoon. Police were seen putting a man in handcuffs, and recovering a green Mercedes at North Wayne and Shepard, but it isMore >>
Lockland Police say 3 would be robbers, one adult and two juveniles, were shot after they threatened rob another man with a gun.More >>
Tuesday, April 20 2010 11:21 PM EDT2010-04-21 03:21:00 GMT
31 people are in trouble with the law after a three day prostitution sting in Richmond. Police told NBC12 they targeted specific areas where residents and business owners complained about the illegal activity.More >>
Wednesday, May 22 2013 12:35 PM EDT2013-05-22 16:35:40 GMT
Investigators in York County say someone removed nearly 100 Confederate Flags from a cemetery in Clover. The incident was reported on May 20th at the cemetery beside the Bethany Church on Highway 161,More >>
Investigators in York County say someone removed nearly 100 Confederate Flags from a cemetery in Clover.More >>
Friday, May 17 2013 7:16 PM EDT2013-05-17 23:16:53 GMT
One person has died in a crash near Harrisonville, MO, Thursday evening. The crash happened on Missouri Highway 7 and Walker Road. It involved a car and a tractor-trailer. Harrisonville is in Cass County.More >>
Savannah Nash celebrated her 16th birthday last week. She died Thursday when her car slammed into a semi while she was texting during her first time driving by herself.More >>
Wednesday, May 22 2013 5:07 PM EDT2013-05-22 21:07:47 GMT
A year-end prank saw students raise a Confederate battle flag outside a Forsyth County high school. The Winston-Salem Journal reported Wednesday that the North Carolina Confederate battle flag was runMore >>
A year-end prank saw students raise a Confederate battle flag outside a North Carolina high school.More >>
A friend speaks after he and Ibragim Todashev were questioned by the FBI. The bureau stated the agent shot and killed Todashev after he posed an imminent threat. More >>
Following a shooting in Lockland, where a man with a concealed carry license shot three robbery suspects, a controversial topic was raised.
When is it okay to pull the gun and shoot? It's a difficult question with a simple answer.
"When a person is in imminent fear of death or great bodily harm," said Fox19 Legal Analyst, Mike Allen.
He says "Imminent" means just that.
"Right now. Right at that very moment. It can't be something five minutes from now or even probably 50 seconds from now. It's got to be imminent. It's got to be right now for it to be a justifiable shooting".
What constitutes fear in someone's mind who may be ready to pull the trigger?
"It's what's going through the shooters mind at the time," Allen added. "I've had cases that have dealt specifically with this issue. What is going on in that shooter's mind at the moment is what's important to a judge or a jury".
Allen is a former prosecutor and judge, but prior to that, he was a Cincinnati police officer.
He says every time a cop is forced to shoot someone, the debate comes up: Why couldn't the cop shoot the guy in the leg or arm? Why did he have to kill him?
"No one is trained that I know of, either law enforcement personnel or people getting their CCW, to shoot in the leg, in the arm, in the foot or anywhere else. If you have to pull that weapon and use it, you should be in fear of death or great bodily harm, which would justify you shooting to kill and that's what you are trained to do," said Allen.
He says the bottom line is simple. "If you're not in imminent fear of death or great bodily harm, don't take the weapon out. Don't shoot it."