Shooting a Suspected Shoplifter? Real Life Lessons in What NOT To Do

Published on May 7, 2022
Duration: 9:57

This video from Washington Gun Law TV, hosted by William Kirk, analyzes a case where a 70-year-old man, Patrick Lathrop, shot a suspected shoplifter. The analysis focuses on the legal ramifications of using force, particularly lethal force, to defend property and the implications of being the 'first aggressor.' It highlights that lethal force is only justified for imminent threats of death or serious bodily injury, not for property defense, and that initiating a conflict forfeits self-defense claims.

Quick Summary

In Washington State, lethal force is legally justified only when facing an imminent threat of death or serious bodily injury. Using lethal force to defend property, such as stopping a shoplifter, is not permissible and can result in criminal charges. Furthermore, initiating a confrontation makes you the 'first aggressor,' negating any self-defense claims.

Chapters

  1. 00:00Introduction
  2. 00:49Previous 'What NOT To Do' Examples
  3. 01:31Mr. Hero Delivery Driver Case
  4. 02:09Adam and the Catalytic Converter Theft
  5. 02:30Cain Velasquez Incident
  6. 03:03Patrick Lathrop Case Introduction
  7. 03:21The Safeway Incident
  8. 04:01Lathrop's Role as a Shopper
  9. 04:15Confrontation Tactics
  10. 05:01The Shooting and Injury
  11. 05:18Legal Analysis: Use of Force
  12. 05:23RCW 9.16.020 - Reasonable Force
  13. 05:40Property Defense Limitations
  14. 05:44RCW 9.16.050 - Lethal Force Justification
  15. 06:03First Aggressor Standard
  16. 06:36Lethal Force for Property Defense
  17. 06:57Escalation and First Aggressor Status
  18. 07:26Lathrop's Prior History
  19. 07:32Pizza Hut Delivery Driver Incident
  20. 08:17Current Charges and Bail
  21. 08:31Doing the Right Thing vs. Having the Right
  22. 08:45Caution on Third-Party Property Defense
  23. 08:58Conclusion: Lawful and Responsible Gun Ownership
  24. 09:18Contact Information

Frequently Asked Questions

When is it legal to use lethal force in Washington State?

In Washington State, lethal force is legally justified under RCW 9.16.050 and case law only when you or someone in your presence faces an imminent threat of death or serious bodily injury, or when a felony is being committed inside your home. It is not permissible for property defense.

Can a civilian use force to stop a shoplifter?

Civilians generally cannot use force, especially lethal force, to stop a shoplifter. While RCW 9.16.020 allows for reasonable force to defend property, lethal force is strictly limited to imminent threats of death or serious bodily injury. Intervening in property disputes can lead to being classified as the 'first aggressor.'

What is the 'first aggressor' doctrine in self-defense law?

The 'first aggressor' doctrine means that if you initiate a physical confrontation, you generally forfeit your right to claim self-defense. This applies even if the other party retaliates, as your initial action negates your ability to legally use force in self-defense.

Is it legal to shoot at a suspected shoplifter's tires?

Shooting at a suspected shoplifter's tires is generally not legally justifiable as it constitutes the use of potentially lethal force against property, not a person. This action could lead to criminal charges, as it does not meet the criteria for self-defense against imminent death or serious bodily injury.

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