An examination of what Jake Gardner did Wrong

First and fore most INALThe charges against Jake were: manslaughter, use of a deadly weapon to commit a felony, attempted first-degree assault and terroristic threats.In Nebraska you have a duty to retreat. Now the firebombing that people have been doing makes that a little less likely in a business district downtown. BUT, his life was not in danger, they were breaking windows (Felony Vandalism), not lighting fires.Once he went out to help his dad he (Jake) flashed the gun, brandishing is illegal here, so there's one charge that he would have probably plead down to from terroristic threats.Then he left the premises of his store with a pistol, while having it concealed. His CCW permit had lapsed. There's another.The murder charges and everything else were in no mans land. He did not have all five Pillars locked in (Andrew Branca) and but my guess is he probably would have plead down and the murder charges would have been dropped.Remember, they throw the book at you to get you to plead to something, anything. Any conviction is a win for the prosecution.Had they obviously been playing with fire he would have been in the right to shoot them, but not to threaten them with the gun, but they weren't. Sadly, he chose death over doing anytime for the event's that happened, but he was not innocent in them. He wasn't the initial aggressor, however he didn't allow them to move on or for the situation to deescalate.Granted he went out to defend his dad, but he did not need his gun to do that as he far exceeded equal force, even though there were 4 or 5 of them. Given that there were so many, he MIGHT have been able to justify the use of a firearm had he popped one and let the rest run. But that's not how things played out. via /r/CCW https://ift.tt/2FH59fs