CA:A Woman, Fake Gun, Warning Shot, Criminals and Justifiable Homicide

A career criminal has an out of wedlock child with a woman.  He shows up for the child's first birthday, only to find another man present, who also has a criminal record, but no felonies.   The first criminal, enraged to find another man with the mother of his child, threatens to kidnap the one year old.  

The man without felonies fires a warning shot from a .38 to stop the threat.   The  career criminal goes to his car, pulls out a handgun, and points it at the man with the .38, who promptly shoots him in the chest, killing him.   The handgun from the car was a non-firing, realistic toy.   From redding.com:

Robison had a .38-caliber handgun that he used to fire a warning shot when the victim advanced on him. Deputies say the victim got what appeared to be a 9mm-handgun from a vehicle and pointed it at Robinson, who, fearing for his safety, shot the victim once in the chest. The victim later died at Mercy Medical Center in Redding.

The article calls the person shot  the "victim", though that appellation hardly seems appropriate.   He was out on bail, had felony convictions, and showed up in a stolen vehicle.

Most murderers and their victims have long criminal histories.  I am sure that this justifiable homicide will be listed as a firearms homicide of an "acquaintance" in the FBI uniform crime reports.   It does not fit the extremely restrictive definition of a justifiable homicide required by the FBI.   

 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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