Gun Owner Helps Police - Then Charged With 2 Felonies?!

Published on March 4, 2024
Duration: 13:02

This video discusses a case where a concealed carry permit holder in Detroit was charged with two felonies after firing a shot at a fleeing vehicle, ultimately pleading to a misdemeanor. Criminal defense attorney Tom Grieve explains that using deadly force, even against a vehicle, requires articulating a reasonable fear of imminent death or great bodily harm. The discussion highlights the legal dangers of intervening in police pursuits, even with good intentions, and the potential for severe consequences.

Quick Summary

A concealed carry holder in Detroit was charged with felonies after firing a shot to stop a fleeing vehicle, despite intending to help police. Legal experts explain that using deadly force requires a reasonable fear of imminent harm, and intervening in police pursuits carries significant legal risks, potentially leading to charges like reckless endangerment.

Chapters

  1. 00:00Can You Be Charged Helping Police?
  2. 00:13Detroit Case: Gun Owner Stops Fleeing Vehicle
  3. 00:30One Shot Stop: The Crazy Part
  4. 00:48Felony Charges for Using a Gun
  5. 00:54Misdemeanor Plea Deal
  6. 01:00Shooting at a Moving Vehicle in a Neighborhood
  7. 01:11Claim of Danger vs. Plea Deal
  8. 01:19Exercising Deadly Force
  9. 01:26Shooting at the Car vs. the Person
  10. 01:32Prosecutor's Perspective on Deadly Force
  11. 02:01Risks with Moving Cars in Populated Areas
  12. 02:16The Shot That Stopped the Car
  13. 02:21Articulating Reasonable Fear
  14. 02:33Preclusion Issues and Alternatives
  15. 03:06Why People Run Away from Intervention
  16. 03:21Trouble for Helping the Police
  17. 03:29Was Shooting at the Car the Right Call?
  18. 03:38Reasons for Fleeing a Traffic Stop
  19. 03:53Michigan Law on Deadly Force for Capture
  20. 04:07Fleeing Police as a Felony in Michigan
  21. 04:18Car Coming at Him, Then Turning
  22. 04:30Surveillance Footage and Cognitive Bias
  23. 05:30Shooting the Engine Block: Deadly Force?
  24. 05:50Criminal Negligence and Mens Rea
  25. 06:57Prosecutor's Proof in Trial
  26. 07:22Defense Attorney Strategy
  27. 07:46The Balance: Helping Police vs. Self-Defense
  28. 07:57Dangerous Consequences of Shooting at Cars
  29. 08:18Stunned by One-Shot Stop
  30. 08:31Most Interesting Part: One-Shot Stop on Car
  31. 08:45Speculation on Caliber and Hit Location
  32. 08:52Retired Police Car? Crown Vic?
  33. 09:04Legal, Ethical, Moral Questions
  34. 09:19Cautionary Tale: What Can Happen
  35. 09:25Know Your Local Laws
  36. 09:36Prosecutor Impressed by Successful Stop
  37. 09:39Misdemeanor Sentence and Probation
  38. 09:43Firearm Forfeit and Legal Fees
  39. 09:53Cost for Stopping Marijuana Offense
  40. 10:09The Loser in All This
  41. 10:11Good Guy Gets Burned for Intervening
  42. 10:21Culture of Non-Intervention
  43. 10:33What If the Car Hit Someone Later?
  44. 10:42Famous Case: Bystanders Watched Murder
  45. 11:08Prosecuting Good Guys Discourages Action
  46. 11:27Intervening in a Restaurant Purse Snatching
  47. 11:39Unknown Dangers of Physical Intervention
  48. 11:52Physical vs. Legal Danger
  49. 12:15Justice System Concerns
  50. 12:17Bad Guy's Outcome vs. Good Guy's
  51. 12:30Sadness for Doing Good Things
  52. 12:40Caliber for Self-Defense

Frequently Asked Questions

Can a gun owner be charged with a crime for helping police stop a fleeing vehicle?

Yes, a gun owner can be charged, as demonstrated in a Detroit case where a concealed carry holder was charged with felonies for shooting at a fleeing car. Even if the intent is to help, using deadly force requires a reasonable fear of imminent harm and can lead to legal repercussions.

What legal justification is needed to use deadly force against a fleeing vehicle?

To legally justify using deadly force against a vehicle, you must be able to articulate a reasonable fear of imminent death or great bodily harm to yourself or others. Simply wanting to stop a fleeing car for police is generally not sufficient justification.

What are the potential legal consequences of intervening in a police chase with a firearm?

Intervening can result in felony charges, such as recklessly endangering safety, even if the action successfully stops the fleeing suspect. The individual may face significant legal battles, substantial fines, firearm forfeiture, and potentially lengthy prison sentences.

Why did the gun owner in the Detroit case plead to a misdemeanor instead of facing felony charges?

The gun owner faced potential prison time of up to 15 years for the felony charges. By pleading to a misdemeanor charge of recklessly discharging a firearm, they likely secured a less severe sentence, possibly probation, avoiding the harsher penalties of the original charges.

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