Michigan CPL Holder Fires Upon Shoplifter Fleeing Home Depot: Justified?

[lawrra]

Excerpt from the story:

AUBURN HILLS, Mich. (WJBK) - A woman with a concealed weapons permit shot at a person suspected of shoplifting in Auburn Hills. Police say a shoplifter was leaving Home Depot around 2 p.m. Tuesday. As he walked out, the store's loss prevention employee tried to stop him.
"The shoplifter then got into a dark-colored SUV and begin to flee," says Lt Jill McDonnell of Auburn Hills Police Department.
Police say a customer in the parking lot witnessed the employee trying to stop the shoplifter - and decided to intervene. "The customer, who was a CPL holder, then fired shots at the vehicle," McDonnell says. "(We) believe they blew out at least one of the tires on the vehicle."

Customer with CPL shoots at shoplifting suspect at Home Depot - Story | WJBK

Do you think the CPL holder was justified in firing upon the suspected shoplifter? Why or why not?

There's potential for a lot of good discussion, here.

 

[Bigtanker]

Absolutely not. The threat is over, if there ever was one. Was there reasonable fear of serious bodily harm? It was just a shoplifter.

Bad choice.

 

[Cameramonkey]

Yup. I'm not gonna risk my life or larry for somebody else's junk. ESPECIALLY a publicly traded megacorp's stuff.

 

[level0]

Didn't read the entire article, but if this shoplifter happened to shoplift a machete, for example, then maybe shots fired is not such a bad idea.

To be clear, if there is not grave imminent danger then I'm not only not firing I'm not even drawing.

 

[SteveM4A1]

Absolutely not. The threat is over, if there ever was one. Was there reasonable fear of serious bodily harm? It was just a shoplifter.

Bad choice.

Indeed.

 

[darkkevin]

if they would have actually hit the suspect, i'm sure she'd be in jail for quite some time.

 

[Cameramonkey]

Didn't read the entire article, but if this shoplifter happened to shoplift a machete, for example, then maybe shots fired is not such a bad idea.

To be clear, if there is not grave imminent danger then I'm not only not firing I'm not even drawing.

That guy had better be running in your general direction before you consider him an imenent threat. Simply running with a weapon isnt a threat. MAYBE you could claim the southpark defense....

 

[lawrra]

Not knowing the direction of the vehicle in relation to the shooter plays a large part in the justification of their actions. If the vehicle was speeding towards the CPL holder and she felt her life was in immediate danger, or the life of another was in immediate danger she may be justified in firing. If the vehicle was fleeing away from any pedestrians, this was a bad shoot.

 

[Kmocao]

Absolutely not justified, unless you or someone else is about to get run down. Pulling some dumb **** like shooting at someone shoplifting some goods from a home improvement store is the kind of stuff that gives us all a bad name.

 

[level0]

That guy had better be running in your general direction before you consider him an imenent threat. Simply running with a weapon isnt a threat. MAYBE you could claim the southpark defense....

View attachment 42004

Oh we're aligned on this...I said imminent and I mean it. I don't know what this person stole, but I know machetes are an inventory item so threw it out there. If all I see is a fleeing robber, as far as I'm concerned it's over and done. No merchandise is worth the legal hassle of shooting at someone running away...that's what insurance is for

 

[eldirector]

Nope

 

[AndersonIN]

That guy had better be running in your general direction before you consider him an imenent threat. Simply running with a weapon isnt a threat. MAYBE you could claim the southpark defense....

View attachment 42004

I can see it now.........several years in the future............United States Supreme Court to make ruling on 2nd Amendment South Park defense case!

 

[chipbennett]

The use of deadly force requires the presence of Ability, Opportunity, and Jeopardy. None of these elements was present at the moment deadly force was used. One could argue that the getaway vehicle represented Ability; however, given that the shoplifter was fleeing in that vehicle, neither Opportunity nor Jeopardy was present.

 

[Birds Away]

Very bad idea.

 

[Dead Duck]

Personally, I think thieves should be hanged drawn and quartered.......and then shot.
But I have found that doing the RIGHT thing is not always legal in our society, yet.


And this is why we still have so many dirtbags today.............there's no recourse to keep them from being dirtbags.

 

[Hammertime]

This is what BBI's would say is a "Bright Line" Bad shoot.

 

[littletommy]

I've actually been in this situation, walking to my vehicle in a big box store parking lot, heard some yelling and cussing, saw a brief scuffle between thieving piece of **** (allegedly) and a couple of loss prevention guys. Thief wasn't so much fighting them as much as trying to get away. I watched as thief broke free from the LP guys and did a olympic record dash across the lot and out of sight. The thought of drawing my weapon never crossed my mind.

 

[Kirk Freeman]

It's the Media. When is the last time the Media go anything right on guns?

Let's see what really happened. Safeties on, sling them.

 

[foszoe]

As long as she was shooting for the tires, she should be fine.

 

[OutdoorDad]

Good thing she missed.