If we stick with the original story that some "A" hole came up to my wife and started running his mouth he'd be out cold on the ground in 3 seconds flat. I'll let my attorney handle it from that point. I will protect my family with whatever means are necessary.
I agree the cop started it. However, no crime was committed until the husband battered the officer. Self defense is a justification for committing the battery. No one denies that the husband touched the officer in a rude or insolent manner. That being said, if the husband story is believed, I wouldn't convict him if I was on the jury!
My point was just that the husband is at fault also for escalating the situation and resorting to physical violence. I agree that the cop started it and his subsequent actions were deplorable.
A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.
How hard do you think a person has to be pushed to commit a battery? Do you think there is a pressure test to determine if it was a battery?
I don't blame the husband for protecting his family. I do think it was probably a poor choice to escalate the violence with his pregnant wife there.
What if the guy was a lunatic with a gun who was not a police officer the rest of the time???
This Story as told doesn't pass the smell test. I imagine that yes the offduty cop did the right thing and call this couple out.
I think everybody involved in this story earned a big fat "F" for how they behaved. There's no need for the off-duty officer to scream at and intimidate a pregnant woman simply because she's inconsiderate. There's also no need for her husband to shove the off-duty officer. Get in between them and yell back if you want, but walking up and shoving somebody is wrong. I don't see why the off-duty officer then decided to pull his gun and "wave it around." I'd love to see the video on this.
Isn't bullying the proper response to a lack of courtesy?
If you'd seriously pull a gun on someone for yelling at your wife, you really need to reconsider whether you should carry or not. That's not the kind of comment that gives much reason to believe somebody is mature enough to be carrying a firearm.
If for whatever reason he wanted to include the fact he was employed as an LEO, I don't see how he can't do that as well.
Cops are always enforcing store policy by proxy. Many store policies get enforced for one reason and one reason alone: The cops show up. Why? Because a person flat out refuses to obey store policy that they leave after violating some other store policy. Granted, refusing the obey an agents request to leave the property becomes criminal, that part of the trespass statue has more to do with the enforcement of store policies than anything else in these sorts of situations. All these calls have one thing in common: Violations of store policy. Not stealing, not beating someone else....they break a store policy, get asked to leave, they don't, cops get called for a trespasser. The cops are enforcing private retail store policy by proxy.
Another "Police Investigate Police and Find no Wrongdoing" story.