TPC Sec. 9.04. THREATS AS JUSTIFIABLE FORCE.
The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
jocat54 wrote:I think you handles it just fine....and glad it worked out for you. Great you had 911 on the phone.
I'm thinking when he started hitting the window the gun would have been POINTED at him though.
Scott in Houston wrote:Not too long ago, (3 weeks?) I was very close to my home. I haven't posted about this because I was waiting to see if anything came of it and I didn't want anything online. I think I'm ok to share now. Curious of your thoughts.
On the way to my house, the main road merges from 3 into 2 lanes. The left lane merges into the center. I always take the center lane and just after the merge, I turn left into my neighborhood. My house is only a few homes in.
One night, I notice a tow truck FLYING up that left lane from way behind me. I noticed the high speed, but even with his speed, I didn't think he could get anywhere near me ... I didn't think he could get close to even with me and definitely not in front of me. Well, he thought otherwise. He got to my rear quarter panel but then was forced to merge behind me.
Again, it was such a long shot, that I didn't think much about him or that he would be mad. (I've seen plenty of people who want to 'race' to the merge, and I always let them win. I'm turning just after it and it's not worth it obviously.)
Because this guy was in such a hurry, I decided to not make my turn. I went another block before making my left so that he would have time to settle behind me before I had to brake.
Well, when I got to the break in the median to turn left, I turned and then he pulls up, slams his brakes, and immediately gets out of his truck! He comes raging towards my car swearing and waving his arms. No weapon. I noticed that he had a lady in his truck sitting shotgun. She looked dumbfounded.
He got right up to my window. I couldn't drive off because of oncoming traffic in the road ahead and his truck had me pinned. He's yelling at me to get out (yeah right!) and is calling me names in Spanish that I've never heard, but I'm pretty sure weren't nice. I was pretty scared and glad there was no weapon, but dialed 911. He saw me use my phone and then got very amped up. He hit my window hard! It didn't break, but it sounded like it may. I tried to do the "I'm sorry wave" a few times but he wasn't taking that.
So, I then showed him my Glock 19. I didn't point at him. Just showed that I had it. I'm not sure if that was a good move or not, but it worked this time. He kept yelling but backed off immediately and got in his truck. I was finally able to leave so I did! I didn't go right home either and told the 911 lady what had happened.
She asked if I needed a LEO, and I declined since he was long gone.
I could not get his plate number or even the tow company because of where he parked relative to me, and when I could leave he was directly behind me. I didn't have any interest in turning around. I just wanted out of there.
In hind sight, showing my gun may have been a bad idea. It could have escalated to the next level, but I was pretty darn scared and I thought he'd have physical access to me if my window were to break.
I really wish that I could have gotten his info, but no regrets because getting away trumped all.
This sounds eerily similar to an incident that happened to me about a little while ago. I was cut off a couple of times in a bad section of Houston by a guy that appeared to try to force me to rear end him so he could sue me for insurance. And I didn't make any gestures or say anything so as not to provoke him. When we stopped at a traffic light he jumped out of his truck and charged my car and tried to reach into my open window before I displayed my firearm. I was hoping it wouldn't come to that, but I got a wife and a 2 year old at home and was not about to take any chances once he made it clear he was going to make an issue of this. Fortunately, nothing happened and he got back into his truck and that was the last of it.
74novaman wrote:An incident like this prompted me to get my CHL. Similar situation, but in College Station. Was on a service road that narrowed from 2 lanes to 1. Apparently a guy in a big King Ranch F-150 thought I cut him off in my little Pontiac . He floors it around me on the shoulder and brakes HARD in front of my car, blocking my escape. Gets out, comes over and tries to open my car door. When that doesn't work, he hits the window and screams at me to get out of the car. I yelled back "no!" and he gave up, got back in his truck and drove off.
It was an enlightening experience. I'm not a small guy, over 6' tall but this guy was bigger than me and mad as heck. I'm just glad my car locks the doors when you put it in drive, or I might have had a pretty rough day.
Scott in Houston wrote:That was you!?!? I'm truly sorry. I didn't know or I would have stayed in my truck.
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