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Bystander Fired Deadly Shot, Not Officer

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http://www.wafb.com/Global/story.asp?S=4527526

 

There were two big developments Monday in the case of a motorist who was shot and killed along Greenwell Springs Road Friday after a fight with a police officer. Investigators say an autopsy shows the deadly bullet was fired by a bystander, not the officer. Police also announced that no charges would be filed in the case, either against the police officer involved or the bystander who fired the fatal shot into the head of George Temple.

East Baton Rouge Sheriff's spokesman Greg Phares says Officer Brian Harrision was escorting a funeral procession Friday when he pulled Temple over and wrote him a ticket for breaking into the procession. According to Phares, that's when Temple attacked Harrison. Police say Perry Stevens was walking outside of the Auto Zone on Greenwell Springs Road when he heard Harrison yelling for help. Harrison was reportedly on his back with Temple on top of him. That's when Stevens went to his car and grabbed his .45 caliber pistol.

According to Col. Greg Phares, "[Mr. Stevens] orders Mr. Temple to stop and get off the officer. The verbal commands are ignored and Mr. Stevens fires four shots, all of which struck Mr. Temple."

Perry Stevens fired four shots into Temple's torso. Officer Harrison had already fired one shot into Temple's abdomen. With Temple still struggling with the officer, Perry continued to advance toward the scuffle.

"He again orders Mr. Temple to stop what he was doing and get off the officer. Those commands are ignored and he fires a fifth shot and that hits his head. The incident is over with, and as you know, Mr. Temple is dead."

Police are calling the shooting death justified. Perry Stevens has a permit to carry a concealed weapon. Col. Phares would not give out any more details relating to the shooting. Both Phares and Baton Rouge Police Chief Jeff LeDuff stopped short of crediting Stevens with saving the officer's life. LeDuff says the entire incident is unfortunate.

"I spoke with his father at the scene briefly," said LeDuff. "I think this is a tragic situation all around."

9 News is told George Temple has a criminal record, and Officer Harrison was involved in a shooting while employed as a prison guard in East Baton Rouge Parish, where he was suspended for three days back in 1995.

Reporter: Jim Shannon

 

 

Break out my soapbox about CCW holders. 5 shots, 5 hits.

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Perp must have been "Dusted", or had some kind of powerful chemical in his bloodstream to still keep fighting after 4 rounds to the torso!

 

Headshot finally took out the Perp! 5 for 5!

 

Cop owes CCW holder a steak dinner, at least!

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Perp must have been "Dusted", or had some kind of powerful chemical in his bloodstream to still keep fighting after 4 rounds to the torso!

 

Headshot finally took out the Perp! 5 for 5!

 

Cop owes CCW holder a steak dinner, at least!

4 +1 from the cop. It just shows placement beats caliber.

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Is this legal for the ccw shooter? I thought you could only shoot someone if your own life or families life are threatened? I mean this guy didn't even have a weapon did he? If the bad guy had no weapon, I think I would have tried to physically stop the guy first before I started shooting.

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Is this legal for the ccw shooter? I thought you could only shoot someone if your own life or families life are threatened? I mean this guy didn't even have a weapon did he? If the bad guy had no weapon, I think I would have tried to physically stop the guy first before I started shooting.

 

This didn't happen in NJ. ;)

 

 

edit: on a serious note, he had already taken a bullet to the stomach and was still beating on the cop. I'm not trying to physically stop him unless that physicality is coming out the end of a barrel. The guy made the right decision IMO.

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Is this legal for the ccw shooter? I thought you could only shoot someone if your own life or families life are threatened? I mean this guy didn't even have a weapon did he? If the bad guy had no weapon, I think I would have tried to physically stop the guy first before I started shooting.

 

When I took the Florida CCW course, we were taught that you needed to have a reasonable belief that you or another person were in danger of death OR great bodily harm before you could legally use deadly force. There is no distinction as to your relation to the victim. I would imagine all states make no distinction or you would basically be discouraging good Samaritan behavior. The course was very informative, and I would recommend anyone take it regardless of what state you live in, and being able to carry in the 'free' states is a nice perk too!

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Great story. Too bad national media ignores stuff like this.

 

FnF8guy: You obviously put your life on the line every day to protect others, pray every morning that you will come home to your family with as many holes as you left with, and have dealt with split-second deadly force encounters on a regular basis. I would like to thank you for your service.

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How the heck does someone take four .45's in the torso on top of a 9mm to the gut and keep on fighting. He had to be on drugs.

 

And this is why I will never recommend any HD ammo that won't hit vitals.

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How the heck does someone take four .45's in the torso on top of a 9mm to the gut and keep on fighting. He had to be on drugs.

 

krazy right ? I remember somebody posted another article a while back where a thug took couple of hits from a .45 point blank to the stomach but was still fighting as well ... and he was not on drugs!

still I think those are rare instances...

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Is this legal for the ccw shooter? I thought you could only shoot someone if your own life or families life are threatened? I mean this guy didn't even have a weapon did he? If the bad guy had no weapon, I think I would have tried to physically stop the guy first before I started shooting.

 

Diamond it depends on the state some have laws that say you can shoot to prevent bodily harm I yourself or others and some states say yourself so it is a state by state thing . One more reason for a national cc law sober don't have to know the different laws of other states

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How the heck does someone take four .45's in the torso on top of a 9mm to the gut and keep on fighting. He had to be on drugs.

Adrenaline does amazing things....and the only "ABSOLUTE" way to stop someone is to shut down the Central Nervous System. Anything else runs the risk of not "Stopping" the bad guy. Not a Human, but i've seen a film of an African Cape Buffalo being Shot, Multiple times, in EXACTLY the right spot, with EXACTLY the right Ammunition (.375 HH 275gr Solids) and died Literally at the Hunter's feet after charging the better part of 75 yards. When they dressed the animal had through-and through wounds to it's heart and lungs, IIRC on the order of 9 hits. We had a shooting a few years back. First shot was right into the X-ring, took out the top of the bad guy's heart, he got back up and tried to engage my officers, and it took a few more shots to put him down for good. He had NO alcohol or Narcotics in his system.

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Is this legal for the ccw shooter? I thought you could only shoot someone if your own life or families life are threatened? I mean this guy didn't even have a weapon did he? If the bad guy had no weapon, I think I would have tried to physically stop the guy first before I started shooting.

 

It all depends on the state where it happened and what that state's law says about the justifiable use of deadly force. One state may require that the attacker have a weapon and/or that the attacker MUST be attacking the defender (CCW holder, for example), but the next may not. This is why it's important to know what the law is of the state you are in, not necessarily the law of your state of residence or the state that issued your CCW permit.

 

Believe it or not, many states do not require an immediate threat to your own life to justify deadly force; some states allow deadly force to stop arson, kidnapping, or rape (even if you have no direct connection to the victim). Not that I'm suggesting or advocating a "shoot first, ask questions later" mentality, but it is interesting to see the broad spectrum of self defense law from one state to another.

 

One book I have on the subject is Self-Defense Laws of All 50 States by Mitch Vilos & Evan Vilos. This is a great book on the subject, but, as the author states, it is NOT legal advice. It more like general information that makes a good starting point for research into self defense law of states, including when a person must attempt retreat first.

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Nice to see someone is willing to help a cop in need. Glad everything worked out ok

 

I once drove past a cop parked on an empty lot with two people crowding his open driver's window. One of them was about 250 pounds and the top half of his body was almost completely inside the vehicle. Not in my town. Put the windows down, did an illegal K turn and pulled up in enfilade about 25 feet behind the cop car. The cop was giving two truckers directions. With one of them far enough inside his car to give him a blowjob. I don't agree with that, but hey, I didn't go to the academy.

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