Murder

Question
My son was murdered by a man with a handgun...Springfield something that was a 40 caliber.  He is claiming self-defense.  My son was not armed with ANY type of weapon.  He was shot 5, possibly 6 times.  Unknown order of shots, one through left index finger, one under left armpit coming out top left arm near shoulder, one thru rt chest, center chest, and right flank.  What reaction would this type bullet cause...shooter says he shot my son twice and he kept coming...shooter did not know my son and is on drugs.  My son was not, but had been drinking at a party. PLEASE HELP!  I have autopsy report..   Thank YOU!!

Answer
Sir,

I am very sorry for this terrible tragedy your family has suffered. Because this is a criminal case the police will have to determine if the other man was justified or used excessive force. Generally, the law allows for only a parity of force (equal force to what is being used) or slightly greater force. To be justified in using deadly force, a person has to be in reasonably in fear for his life.

Justification for the use of deadly force is determined on the basis of three things: (1) intent - the person using the force had to have a reasonable fear that the other person intended him death or grave bodily harm, (2) ability - the alleged attacker (your son in this case) had to have the ability to make good on the intent. This might come from a weapon, or it might come from a disparity of ability. For example, if a young man attacks a very old man, or a very big or physically strong man attacks a sufficiently smaller or physically weak man, a disparity justifying deadly force may exist, (3) opportunity - the alleged attacker has to have the opportunity right then and there to carry out the attack.

If these three things exist, I am sorry to have to tell you that there is a possibility that the investigation will find the shooting justifiable. Although generally to be self-defense alleged attack must have a weapon, if one of those other conditions exist (much younger, much stronger, much larger, or known to be trained in fighting) deadly force may be warranted.

I am sorry to have to tell you that the number of shots fired is not odd or uncommon. Pistol projectiles are poor stoppers. What this means is that even though someone may sustain unsurvivable wounds, he will not necessarily stop what he is doing. In the classes I teach, I usually ask the question, "What do people do when they are hit by handgun rounds?" and after a few attempts at answers by students, I tell them, "Usually, whatever they were doing before they were hit by handgun rounds."

Because handguns are poor stoppers, police agencies and private training companies all teach to shoot until the threat stops. The reason why virtually no police agencies use revolvers any more is because in many instances six rounds may not be enough to stop a threat.

The circumstances that you describe are not inconsistent with self-defense (although the fact that your son did not have any kind of a weapon raises significant questions). That someone is shot five or six times to achieve a stop, particularly if the person has been drinking is not, I'm afraid, out of the ordinary.

Again, I am extremely sorry for your loss, and I hope that the truth of these circumstances will come out and justice will be served.