in legal and moral self-defense we talk
about not only how much force you use
but when
[Music]
hi everyone welcome to today's lesson
here at active self protection i'm your
host john korea today's video comes to
us from philadelphia
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the car closest to us is being driven by
the guy who's standing in front of it
the car that's to the right of it is
double parked and is a delivery driver
who's double parked there and our driver
is angry he's gotten out to yell and
holler at him and tell him move his car
because he wants to get out and our
delivery drivers like hey man whatever
and i i don't know exactly what the
content of their discussion is but now
the delivery driver is going to get out
and they're going to escalate and the
delivery driver throws several punches
notice the guy from the first car then
hits his head on the cement gets up and
pulls a gun and takes three shots at the
guy and then you can see he's hurting
our guy who is the delivery driver
drives off a little ways in just a
second but he isn't gonna make it far he
uh ends up in somebody else's car
transferred to the hospital in critical
condition
our driver here who was wanting to get
out you can see he's pretty badly hurt
from being rocked on the curb uh he
drove off a little bit later here and
then the police went looking for him he
turned himself in two days later and is
currently facing attempted murder and
aggravated assault charges let's think
about if that's right in the lessons
oh man this is really a case of too much
not too soon
but too late if you want to think about
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every friday in john's briefs we talk
about legal and moral self-defense to
help you be a more good sane sober moral
and prudent self-defender listen i get
that philadelphia ain't really the city
of brotherly love and the people there
are generally known for being very you
know abrupt and and very kind of
confrontational in those kinds of things
but that's not what good saying sober
moral and prudent people do you have to
live a lifestyle of de-escalation escape
and evasion many times just a simple hey
man i'm trying to get out is there any
way i can ask you to give me some space
or back up a few feet so i can get out
or move forward a little bit for me or
something like that could have
completely solved this conflict instead
of ending up you know facing charges and
looking at decades in prison be a good
saint sober moral prudent person and
de-escalate escape and evade conflict
wherever you can because otherwise these
kinds of things happen now that said
they're getting out there yipping at
each other whatever and our delivery
driver taking a swing at this guy is
completely morally bankrupt this is not
okay adults use words to solve problems
not fists and so this right here is
assault and it's significant assault and
therefore again this guy is in the wrong
he's not in the right getting after this
guy with fists in any way now certainly
that would okay our dude uh using you
know our driver here using ordinary
physical force to protect himself again
i'd rather he de-escalated but he's
certainly okay to use ordinary force now
what happens here is he gets punched
several times and then hits his head on
the curb now i do want to note here as
he does that could very much have caused
him great bodily harm uh we see people
that that that happens to and they end
up in the hospital and it clearly could
have done that to our guy here uh and
and so i know a lot of people are like
well you know if somebody punches me i'm
just gonna shoot him because then you
know i could hit my head like this and
end up dying or whatever i will note as
well though that it didn't cause that it
didn't actually cause any kind of great
bodily harm to him it did send him a
little bit loopy but so that's
definitely an issue but it doesn't
automatically
justify the use of deadly force again
timing is going to be the key issue here
so at this point he's been knocked over
conked his head dudes punched him
several times i have no problems with
him getting a firearm out here in fact i
think you know as this guy's going
getting a gun out is probably his best
bet because again
thinking wow i just hit my head i'm all
kinds of woozy this guy has been
attacking me i need to be ready to
defend myself if he comes and attacks me
again
i think is probably justifiable
but just like we saw you know a little
while ago on the channel with michael
draka and marquez mcglockton the timing
is an incredibly important part of this
and and doing things not too early or
not too late is incredibly important
because of course the jury is going to
ask and the prosecutor's going to look
at this and say was there an imminent
fear of death or great bodily harm was
there objective reasonable evidence that
he had to pull the trigger right now
that he should have pulled the trigger
right now because that guy was attacking
him not had attacked him before but was
attacking him and that's where his
problem is going to lie here is what we
call imminence and so the guy in the car
with the door closed is probably not
coming out with his own gun or something
like that we haven't seen any evidence
of that and so i think even pointing the
gun at him and saying get away from me
man you know
gosh and then i think that our defender
here i think this guy would have been a
defender but the fact of the matter is
he kept attacking he decided nope i'm
gonna punish this guy who's sitting in
this car now and is trying to escape and
flee and instead he tries to shoot him
and that is a fatal flaw in this now i
think that again because it's too late
he's gonna shoot twice there and then
take another one and another one so
those last two in particular i think
kind of evidence punishment and not
protection and so even though he's hurt
in this case i think he's gonna have a
very hard time arguing self-defense even
though that's what i think his attorney
is going to try to argue so so recognize
that this man his life is irreparably
harmed forever so he got into this kind
of argument because he couldn't you know
be a good saint sober moral prudent
person and de-escalate and escape and
evade and ask nicely now then he was
attacked and he is not at fault for
being attacked in any way and i think
that he had every right to protect
himself with ordinary physical force i
even think he had all the right in the
world to get a firearm up and use it as
a tool to say get away from me and get
off me in other words to have it in hand
save a firearm i'll defend myself get
off me but the fact that he waited a
long time and then he used the second
and third shot especially says i think
he's going to have a hard time with this
one in court and his life is forever
altered for the negative for it so
please hear me the lessons on this one
be a good sane sober moral and prudent
person only use deadly physical force as
a tool of last resort when you must
otherwise you're going to die or be put
in the hospital and have great bodily
harm you or somebody that you love and
that's it don't use it other than that
certainly don't use it punitively we got
to learn lessons like this to better
cover our asp