RE: justified in use of deadly force?

This post follows up from where we left off two days ago.

My friend:

Wow Jon thank you for the detailed response this is helpful, as you mentioned in order for SUV to avoid any culpability it would have to prove it did not instigate. It is as you say sticky.

I am trying to understand the force continuum as it applies to judgement in a court of law when things get sticky.These things seem to start by the invincibility feeling people get in their cars.

Imagine you are hot under the collar ( well not you cause you roll ice cold - I kid I kid ) but me hot under the collar. I cruise past the bikers and it ticks them off everyone is chasing me. To paint the context lets order as follows

1) bikers catch up and  swarm the road

2) I am trying to get through and start honking to clear a path

3) bikers are angered and move in around me, further clogging the road ( I am forced to slow and they start honking and whacking my car )

4) I move to evade and hit a bike

This is a really unfortunate place to be in and shows that much can be averted with a cool head. Anyway I have set the no win scenario up for you. Now using what you know about force continuum and Oregon law to the best of your understanding what do you do next to protect yourself and if possible be supported by the law?

My reply:

A cool head and adequate situational awareness would have likely avoided the whole mess. Never underestimate the importance of situational awareness and the predictive advantage it bestows.

The appropriate response to being bullied by a biker gang on the road is to pull over (if you are able) and stop the car. Likely they will ride on. Then call the police. If you happen to hit one of them, whether it be your fault or his, stop the car, do not get out, and dial 911. The scenario branches from there and you will have to make more decisions quickly. You may still end up speeding off or defending yourself with lethal force. But you did the right things first.

To use the force continuum to your advantage you have to stay one step ahead of your opponent: he raises a club, you raise your shotgun; he draws a gun, you back out and call in an air-strike. In the self-defense scenario we start to look like the aggressor if we play too far ahead of the curve. Remember it is unlawful to point a gun at someone without justification--no unprovoked gun waving allowed. We don't point guns to make threats. We draw only when we are justified to use deadly force, though this does not mean we will shoot right away. The best case scenario after drawing a weapon would involve the perpetrator complying with your verbal demands while you subdue him at gunpoint.

But don't get behind the curve either. If the perpetrator has a gun in his hand then you had better have yours out and pointed at him while you give verbal commands. Same goes for a perpetrator with a knife or any other weapon. Ability, Opportunity, Jeopardy. This checklist is intuitive and you shouldn't have to think much about it after you have it programmed in your midbrain. 

My best advice is know when to draw and don't delay when the time comes. Also, pepper spray can be useful to handle those situations when you are not quite sure if you can use deadly force but need more than your bare hands. Have you ever tried the stuff? It is effective. Consider adding it to your every-day-carry items.

A note on the use of knives in self-defense: always carry a knife--or two, or more--but it is your last option to defend yourself. If you have to use a knife you are in grave danger indeed. It is a last-ditch weapon.

I'm not a lawyer, but I have had some legal counsel pertaining to this topic, I have read the laws, and I pay attention whenever stories like this arise. Don't forget: Ability, Opportunity, and Jeopardy. Stay alert and stay calm. Train, train, train. Training isn't just pulling the trigger on the range, it is also metal exercises like we have been doing in this discussion. Look for scenarios that others have experienced and ask yourself what is the best way to handle the situation. Make sure your conclusions are based in reality and not fantasy. You should appreciate the value of role-playing these scenarios and the use of other reality based training methods.

As they say at the Academy, train hard, fight easy.