Need answers for false claim of drawing my pistol

[churchmouse]

Snorko don’t take my question the wrong way, just asking for point of view.

Dont you feel that by stopping and stepping out of you car to be somewhat of a provoking manner? Isn’t it our duty to best avoid the situation? Obviously you wouldn’t lead them home but stopping because you feel they are following you doesn’t seem like the best option when carrying a weapon.
Just wondering why you would put yourself in that situation?

Same thing. Do not take this wrong please.
Have you ever been confronted by road rage asshat or an aggressive panhandler of someone sketchy in nature while in your car. If so then yes. If not then I can see how you may question this action.

 

[snorko]

Snorko don’t take my question the wrong way, just asking for point of view.

Dont you feel that by stopping and stepping out of you car to be somewhat of a provoking manner? Isn’t it our duty to best avoid the situation? Obviously you wouldn’t lead them home but stopping because you feel they are following you doesn’t seem like the best option when carrying a weapon.
Just wondering why you would put yourself in that situation?

Very good question and yes, in hindsight, it may not have been the best course. However, as I remember it now (it was 15 years ago) I did not feel significantly threatened, more like harassed. By stopping where and as I did I was giving them space to either make their intentions known or leave. In the moment the situation did not seem to rise to the level of involving the police.

This also occurred just a couple years after a very serious year long period of being stalked and harassed by an ex fiance. This probably played into my decisions.

 

[WebSnyper]

Good reason to pull over in a well lite area, walmarts are good since they have parking lot cameras for verification.

Except good luck getting Walmart to provide any video to you or for your benefit.

Walmart is notorious for not wanting to turn over parking lot video, etc as I understand it, unless it somehow helps them specifically, which in this case it would not.

LEOs may be able to provide different perspective on this. I've seen accounts of Walmart fighting turning over video on several occasions, though as usual, the media outlet reporting that may not be accurate either.

 

[2A_Tom]

I believe anyone involved in a criminal case has subpoena power through the courts.

Amendment 6
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

 

[Denny347]

Except good luck getting Walmart to provide any video to you or for your benefit.

Walmart is notorious for not wanting to turn over parking lot video, etc as I understand it, unless it somehow helps them specifically, which in this case it would not.

LEOs may be able to provide different perspective on this. I've seen accounts of Walmart fighting turning over video on several occasions, though as usual, the media outlet reporting that may not be accurate either.

Typically, Walmarts do't have cameras IN the parking lot. They have cameras on the outside of the building that faces towards the parking lot. Great quality cameras but they only pick up so much. I had a good relationship with my local Walmart Loss Prevention office, we knew each other on a first name basis (you know, the whole "get to know your local businesses" deal) and they were always willing to help me out with anything I needed. This could be very locationally dependant.

 

[Fargo]

I believe anyone involved in a criminal case has subpoena power through the courts.

Amendment 6
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Yes, once a case is filed. There may be a way to file a motion to preserve evidence under a miscellaneous cause number pre-criminal filing, but I’m not sure the intricacies.

 

[actaeon277]

Maybe I'm paranoid.
But, since I've had some girlfriends that had crazy ex-boyfriends, I keep an eye on the mirror for some taking a few trns with me.
I know where police departments are, and I head that way.
And if I suspect someone is following, I do NOT go home.

 

[tbhausen]

I'm a skeptic too but I also have some **** luck. This is why i dont put ANYTHING on my vehicles pointing to guns. I dont even get certain "vanity" plates for this reason also because of the LUNATICS out there. People in the world are ****ing nuts and I try to blend in and be unnoticed as much as possible. If i pull a gun I intended to and it won't be out of anger. No way in hell will I risk losing one damn day with my wonderful family over some piece of **** loser crazy idiot. They can call me whatever they want, flip me the bird, cut me off, whatever. As long as they dont point a gun at me or try to enter my vehicle then im good.

Would I blame the cops for doing a felony stop or whatecer you guys call it, if someone called and lied to 911 saying I pulled a gun? Nope not one bit because in this day and age there are (as mentioned above) lots of ****ing nuts people out there who probably really do that. I'm slow and legit hard of hearing so just give me time to do what you say and speak clear and one at a time or I wont understand you lol, and I'll do whatever you want. I'm not fighting the cops.
Press charges against the liar? You bet your ass I would!!! I'd hire a good lawyer too if they told me they could do something about it.
Sometimes there are several battles to win a war.

Amen brother, great post.

 

[HoughMade]

Yes, once a case is filed. There may be a way to file a motion to preserve evidence under a miscellaneous cause number pre-criminal filing, but I’m not sure the intricacies.

It's a bit of a hassle, but if something significant went down, it's probably worth it.

 

[Frank_N_Stein]

So have we determined yet that a report was made?

 

[mergatroid]

That is a tough one. I think it is reasonable for you to move into a defensive posture as you did not really know what the guy wanted. Had you accidentally cut him off or was he a mugger? (I'm sure I have pissed of plenty of drivers and did not have a clue )

If you knew he was mad, does that change the situation?

Like I said, tough one.

 

[jedi]

so perhaps cameras on your car would help here?
if so what do people recommend or have?

 

[mergatroid]

so perhaps cameras on your car would help here?
if so what do people recommend or have?

I have a viofo a119 as a dash cam. $75

I am sure there are others that you can turn in any direction.

Sure some Uber drivers have recommendations. Check YouTube.