Tow Truck Operator on the Hook "Stand Your Ground"

Tow Truck Operator on the Hook 

The disgruntled driver of an impounded vehicle showed up to retrieve his car but got into an argument with the brother of the towing company’s owner. The company owner later punched the driver, who got into his vehicle and drove a short distance away. The driver then turned his car around and hit the owner’s brother, breaking his leg. The company owner ran toward the driver, who was getting out of his car, and shot the man three times. The final shot was a fatal head wound. The tow truck driver claimed he was standing his ground, but the sheriff’s office concluded he was not in immediate danger. The entire episode was caught on video.

In Review:
While the trial has not yet concluded, here is my analysis:

• Legal: In order to stand your ground, you must not be the initial aggressor. Here, the towing company owner WAS the first aggressor.

After the shooting victim hit the brother with his car, he got out of the car he was using as a weapon. At that point, the owner again became the aggressor. The self-defense claim will fail.

• Tactical: Angry customers happen in all businesses. Call the police, get behind a locked door and wait. Don’t use deadly force against an unarmed person absent immediate, life-threatening danger.

• Training: The owner’s reliance on “stand your ground” demonstrates a misunderstanding of the concept. If your state has the principle in its laws, have a lawyer explain how it works before you need to rely on it.