Category Archives: deadly force

Thinking about what’s important

Man shot in neighbor’s home charged after allegedly undressing in 12-year-old’s bedroom during break-in

https://www.wdrb.com/news/man-shot-in-neighbor-s-home-charged-after-allegedly-undressing/article_184841ce-5f90-11e9-be1f-e328e3b39e3e.html

Although this incident occurred in April, it recently re-surfaced as an example of a Defensive Gun Use. As is frequently the case, Internet common taters had numerous things to say about it.

  • Needs more practice.
  • Only six? Should have emptied the magazine!
  • Too bad the dirtbag’s not in the morgue.
  • Etc.

It’s easy to focus on the unimportant aspects of an incident. All of the commentary focused on feelings, which are unimportant, instead of Lessons to be Learned (LTBL), which are important.

How do we focus on what’s important? One way to start is to identify who was involved by role rather than name. Most the time, news stories use last names but that tends to obscure who did what. Substituting a role for names in the story leads to more clarity about the actions of the participants. For this incident, it would look as follows.

Cast of characters in the drama

Donald Oliver – Intruder

Tina Burton – female of household (Female)

Ali Bracey – male of household (Male)

Daughter

Important aspects of the incident

  • The Male knew there was an actual intruder because of the Daughter’s text.
  • Despite knowing it wasn’t just a ‘bump in the night,’ the Male went to confront the intruder unarmed.
  • The confrontation between the Male and Intruder started verbally and then turned physical.
  • It was either an entangled fight or within arm’s length.
  • When it went physical, the male employed an improvised weapon, to wit: a broom.
  • The broom was apparently ineffective in the confrontation, so the male continued using unspecified improvised weapons.
  • They had a gun but didn’t think initially to bring it to the fight.
  • The Female eventually brought the gun to the Male to use.
  • There was a weapon handoff from the Female to the Male.
  • Shooting the gun caused the Intruder to flee.

Unimportant aspects of the incident

  • The intruder wasn’t killed.
  • The householder didn’t practice enough at the gun range.

Lessons To Be Learned (LBTL) and other important aspects

Guns are not useful if you don’t bring them to the fight. Have a plan ahead of time about how to handle an intrusion.

You can’t practice appropriately for an entangled or close range fight at a gun range anyway. This would most likely have been best handled as a retention shooting situation. Retention shooting is a skill best learned by taking a class from someone who knows what they’re doing. Few instructors are qualified to teach this task. I can recommend Brian Hill of The Complete Combatant, Greg Ellifritz of Active Response Training, and Craig Douglas of Shivworks.

Males of the household will often confront an intruder unarmed. It’s not uncommon for another family member to have to access the firearm and bring it to the fight. A handoff to the Male periodically occurs at that point. This means that several implied Personal Protection tasks for the other family member come into play.

  1. Know where the gun is.
  2. Be able to access the gun. Is it in a safe and can the family member open it?
  3. If the gun is not stored Ready to Fire, be able to place the gun into Ready to Fire condition.
  4. Move safely from the storage location to the fight location. Having an Unintentional Discharge en route will probably be a Tactical Disaster.
  5. Either be able to engage the Intruder with the firearm, or
  6. Safely hand off the firearm to the Male engaged in the confrontation. If the confrontation is physically entangled, a handoff may not be safely possible.

Whether the Intruder is killed or not is completely irrelevant. Let’s keep in mind The Cost of Killing. Achieving a Break In Contact is our objective as Non-Sworn Citizens. Note that in this incident, the Intruder had to be taken to court in a wheelchair. That probably means that he has some serious injuries, perhaps debilitating for his entire life.

We need to focus on the important tasks in Personal Protection incident analysis and not our feelings, which are unimportant. That is what I will be doing in the monthly incident analysis on my Patreon page.

https://www.patreon.com/TacticalProfessor

‘Good Guys’ is a relative term in this video

From my Strategies, Tactics, and Options for Personal Protection Class:

Triumvirate of Success in Decision-Making (adapted from David Brin’s The Uplift War).
In no particular order:
• Consequences [nee Cost and Caution] – financial, political, and physical.
• Decency or Civility [nee Propriety] – honor and nobility. Actually being ‘the good guy.’
• Courage [nee Beam and Talon] – Aggressive spirit, daring and seeking out opportunities.

Failure to achieve some balance of the three factors significantly increases the possibility of a catastrophic failure to achieve the objective. In this incident, there was no sense of decency or civility among the ‘Good Guys.’

Unintentional Discharge (causing the death of an innocent) – Serious Mistake

Mistaken Identity Shootings – Serious Mistake

After the fact beatdown of an innocent party – Serious Mistake

Most likely spending a long time in a Brazilian prison – Negative Outcome.

What gets people in trouble is usually not marksmanship but instead Serious Mistakes in the Decision-Making process. There are exceptions but that’s the general rule. The reason we become proficient with firearms is not because the marksmanship problem is likely to be difficult but rather to avoid having the tool (firearm) become our focus in the moment instead of the situation.

Tactical Professor books (all PDF)

Serious Mistakes Gunowners Make http://seriousgunownermistakes.com

Indoor Range Practice Sessions http://indoorrangepracticesessions.com

Concealed Carry Skills and Drills http://concealedcarryskillsanddrills.com

Advanced Pistol Practice http://bit.ly/advancedpistolpractice

Shooting Your Black Rifle http://shootingyourblackrifle.com

Worst Possible Case and 100 percent Standards

#Fridayfundamentals

Last night, I had an interesting conversation with John Daub of KR Training about the new NRA CCW Course. KR Training is one of, if not the, premier provider of firearms training in Texas, so his thoughts about the CCW Instructor Course he and Karl recently completed were something I wanted to hear. One of the most interesting items of the conversation was that the NRA has adopted a 100 percent hit standard for the NRA’s Qualification Course, if instructors choose to use the NRA’s Qual Course.

I’ve been a big believer in 100 percent standards for a long time. The importance of an exacting standard was emphasized by a recent Incident where a woman in Oroville, California shot and paralyzed her husband as a result of taking a Hostage Rescue shot on a home invader. Although she killed the home invader when she “emptied the clip” at him, her husband is now paralyzed for life. That incident reminded me of how imprecisely we use the term Worst Possible Case.

‘Worst Possible Case’ discussions inevitably devolve to one of two possibilities; TODD, the heavily armed criminal who is as impervious to gunfire as Superman or becoming involved in an entangled fight. However, there are numerous possibilities of what could be the Worst Possible Case as listed in Serious Mistakes Gunowners Make. So there actually is no single Worst Possible Case, there are various Negative Outcomes; it’s situationally dependent. The situation will dictate which of the possible Negative Outcomes is the ‘worst.’

It’s very important for us to understand our capabilities. The CAN, MAY, SHOULD, MUST paradigm developed by Steve Harris, Esq. puts CAN first for a reason. CAN, what are you able to accomplish at that moment?, has two components – Mental and physical. The Oroville woman had the mental part of CAN but not the physical. Let’s compare and contrast her incident with that of Meghan Brown, who also shot and killed a home invader during a struggle.  Ms. Brown had been to the range with her pink Taurus revolver and knew she was not a very good shot. As a result her strategy was to close with the struggle and take the shot at a point where she was sure she could make her hits.

The ‘Downrange problem,’ in which an innocent person is downrange of the shooter, is far more common than we think. Those who keep a firearm for Personal Protection need to keep in mind that the situation may not be ‘self-defense’ but rather protecting another person.

How to put this into practice becomes the question. The Decisional Exercise Family taken hostage from Concealed Carry Skills and Drills is one example. Simply use two sheets of paper as the hostage. Put them on the same side as your Support Hand so you maximize your opportunity to hit them if you jerk the trigger. If you hit those two sheets of paper, assume you seriously wounded or killed a member of your family.

Q hostage 4

To add some realism, you can put a facial photo of a family member above the printed sheets or just draw a face above them. Here’s a Non-threat PDF Printable Non threat Silhouette torso that is included in Advanced Pistol Practice and Shooting Your Black Rifle. When practicing on an indoor range, you probably won’t be able to set up the full scenario but you can still do the individual strings.

What’s the Worst Possible Case? It’s a situationally dependent individual decision. Using a little forethought and doing some practice may help you solve it without a Negative Outcome. Going to the range and figuring what distance YOU can make 100 percent hits will give you a very important piece of information in the context of Personal Protection.

Avoiding Mistaken Identity Shootings

Another Mistaken Identity shooting occurred last week. A teenage girl came home from college to surprise her mother with a visit and got shot instead.

https://www.wkbn.com/news/local-news/police-report-mom-mistakenly-shoots-daughter-in-girard/

The teen’s mother told police that she was in her bedroom when she heard a commotion inside the house. She said the noise scared her and that she was not expecting anyone.

The mother said someone came running into her bedroom and that’s when she fired one round from her handgun. She then realized that she had shot her daughter, the report stated.

Obviously, in between hearing the commotion and firing the shot, the woman armed herself. It’s unlikely that she said anything in the process or her daughter probably would have said something back. The ‘surprise visit’ was most likely a bout of homesickness.

decision inputs dont understand

As I mention in my book Serious Mistakes Gunowners Make, any ‘bump in the night,’ or in this case “commotion inside the house,” carries with it a set of competing probabilities. It could be an intruder, which is the assumption most people make when they hear it, or it could be a member of their household. The member of the household is the most likely scenario. Why is this true? Simply because they live in the same house as you do and they are not constantly updating you on their location. Where teenagers, such as the unfortunate shootee in this incident, are present, the chances of them leaving the house and returning without informing their parents is extremely high. This fact has to be figured into the home defense plan of any parent or adult in the household.

Competing probabilities

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Serious Mistakes Gunowners Make – The Book

So many people asked me for a book version of my Serious Mistakes CD that I sat down and wrote it.

It’s available for download at http://seriousgunownermistakes.com

This book is not about techniques of shooting firearms; it is about Decision Making, specifically what leads to Bad Decision Making.

Our Mindset leads to our Decisions. Our Decisions lead to our Actions. Our Actions lead to our Outcomes. This sequence controls our destiny in everything we do, including using a firearm for Personal Protection. Unfortunately, decision making in the firearms community tends to focus on the tool, the firearm, instead of the desired outcome for owning it. Endless debate goes on about caliber, action type, ammunition capacity, and other material oriented aspects of ownership. In the broad context, these are extremely minor considerations as long as the owner can operate the firearm adequately.

Where the discussions don’t go nearly enough is the circumstances involving the usage of firearms and the decisions about our internal software that we have to make. “Usage” doesn’t always mean shooting the gun, either. There are a host of other issues, such as storage, legalities of carrying, and even possession, that aren’t often discussed. But those internal software issues are much more likely to determine the difference between a Positive Outcome and a Negative Outcome than hardware issues like type of gun and caliber. The amount of misinformation that runs rampant within the gun community leads many new owners down the wrong path in their Mindset and potential Decision Making.

This book provides some insight about how to avoid the Serious Mistakes.

It’s available for download at http://seriousgunownermistakes.com

https://store.payloadz.com/go/?id=2617872

It is a PDF document. If you want, you can send it to your Kindle or Kindle app on your SmartPhone. PDFs can be converted to the Kindle format so you can take advantage of functionality such as variable font size, annotations, and Whispersync.

To have a document converted to Kindle format (.azw), the subject line should be “convert” when e-mailing a personal document to your Send-to-Kindle address. Instructions for sending documents to Kindle and Kindle apps are available on Amazon’s website.
https://www.amazon.com/gp/sendtokindle/email

How to send a document to your Kindle:

To find your Send-to-Kindle e-mail address, visit the Manage your Devices page at Manage Your Kindle.

Documents can only be sent to your Kindle devices or apps from e-mail accounts that you added to your Approved Personal Document E-mail List. To add an e-mail account, visit the Personal Document Settings page at Manage Your Kindle.

To send a document to your Kindle device or app, simply attach it to an e-mail addressed to your Send-to-Kindle e-mail.

It is not necessary to include a subject in the email.

Straight talk about Incident Research

Mickey Schuch, of Carry Trainer, was kind enough to do an interview with me. We talked quite a bit about incident research, among other things.

We also talked a little about my My eBooks.

Indoor Range Practice Sessions http://indoorrangepracticesessions.com

Concealed Carry Skills and Drills http://concealedcarryskillsanddrills.com

Advanced Pistol Practice

Shooting Your Black Rifle http://shootingyourblackrifle.com

The Process is the Punishment

#tacticaltuesday

Here’s a good example of “The Process is the Punishment.”

Trial judge overturns guilty verdict in Bellingham self-defense case | Bellingham Herald

“Kamuran Daniel Chabuk, 30, shot his neighbor, Joshua Mark Kiener, the night of May 11, 2013, outside the front door to Chabuk’s apartment at 2633 Nevada St.”

Note: May 11, 2013 was the date of the incident.

I ran across the incident while going through my database yesterday, so I decided to follow up on it.

His trial was 2 1/2 years later in November of 2015. He was found guilty of assault; Mr. Kiener was injured not killed. BTW, Kiener is also suing Chabuk civilly.

In April of 2016, 5 months [during which I assume he had to sit in jail or prison] after his conviction, a judge ordered that he be given a new trial. The prosecution appealed the trial set aside.

The hearing before the Appeals Court was scheduled for January of 2019. So far, I am unable to determine the outcome.

So, about 6 years with the Sword of Damocles hanging over his head. Just to get a new trial, not to be found Not Guilty or have the verdict set aside with prejudice.

Just imagine what his legal bills and bondsman’s fee are for this whole process. While the State of Washington reimburses lost wages and legal fees in self-defense cases when a Not Guilty verdict is received, that doesn’t apply if the charges are dismissed prior to a Not Guilty verdict.

What was the proximate cause of the whole incident? Going outside to investigate some sounds he heard. The platitude goes, “If you wouldn’t go there without a gun, why would you go there with a gun?”

Although I generally try to refrain from using platitudes, in this case it applies. Would he have gone over to the fight without his gun? Call 911, stay inside, and be a good witness. There is rarely any good reason for a Private Citizen to leave their home to do an investigation. The potential for a Negative Outcome is high and there is no upside for doing so.

 

Neutralize the threat (or not)

“According to the document, Roberts said in the process of leaving the room, he noticed Garcia on the floor at the bedroom doorway and shot him again to ‘be certain he was deceased to eliminate any threat of having another altercation’.”

http://www.wlox.com/2019/02/12/court-documents-saucier-shooter-claims-self-defense-says-boys-death-was-accidental/

Big problem. “Neutralize the threat” isn’t always the right course of action.

Roberts is facing first degree murder and manslaughter charges, both felony offenses.

That’s going to be a Negative Outcome.

In the original report about the shooting, it’s unclear whether the two year old boy was killed intentionally or just a downrange failure.

http://www.wlox.com/2019/02/10/two-year-old-boy-man-dead-after-shooting-saucier-home-suspect-arrested/

No matter what the Outcome, the shooter’s life has now become a shambles and will be for the foreseeable future.

Book Promo

For those who are interested in improving your pistol shooting skills, my books are available as downloads.

Concealed Carry Skills and Drills downloadable eBook. http://concealedcarryskillsanddrills.com

Indoor Range Practice Sessions downloadable eBook. http://indoorrangepracticesessions.com

Serious Mistakes Gunowners Make, downloadable audio recording. http://seriousgunownermistakes.com

In Fear for My Life is not a ‘Get Out of Jail’ card

‘I was in fear for my life’ has become something of a mantra for those who carry weapons for Personal Protection. However, ‘fear’ has no bearing on whether a shooting is a legal act. Only the ‘reasonableness’ of the act is germane in a Court of Law. Stopping your car, getting out of it, walking back to a school bus behind you, and then shooting at it is unlikely to be viewed in court as ‘reasonable.’

https://minnesota.cbslocal.com/2019/02/06/caught-on-video-man-shoots-school-bus-on-i-35w-in-minneapolis/

“Lilly told officers that he feared for his safety and that is why he shot at the bus driver.” The responding officer was unimpressed and took the shooter into custody. He is now being charged with Attempted 2nd Degree Murder and other charges.

https://www.hennepinattorney.org/-/media/Attorney/NEWS/2019/Lilly-Kenneth-cplt.pdf

Pure luck and poor marksmanship are the only reason this person isn’t being charged with Murder. As it is, he’s still facing 20 years or more in prison. The prosecutor is planning to throw the book at him and rightly so. That’s a Negative Outcome.

The actions of Mr. Lilly were outrageous and it was sheer luck that neither the bus driver nor the little girl were killed

https://www.hennepinattorney.org/news/news/2019/February/Lillie-Kenneth-attmurdcharge

know the rules

Not understanding the rules is one of the topics addressed in Serious Mistakes Gunowners Make, my downloadable audio recording. http://seriousgunownermistakes.com

It’s probably just as well that he was no more skilled than what he was.

Concealed Carry Skills and Drills downloadable eBook. http://concealedcarryskillsanddrills.com

Indoor Range Practice Sessions downloadable eBook. http://indoorrangepracticesessions.com

The Tactical Professor’s SHOT Show Odyssey (Part III) – Site visit to the Duel at the Dumbster (continued)

More thoughts about the Duel at the Dumbster

Legal issues aside, the Duel also demonstrated how proxemics come into play during Defensive Gun Uses. Shootings and gunfights involving Private Citizens almost universally occur in Social Space (4-12 feet) as defined in the science of Proxemics. That’s my conclusion after studying the over 5,000 DGUs in my database. When they start out with ‘Monkey Dancing,’ as this one did, it’s unavoidable that the shooting will be close. Monkey Dancing can’t be done at much of a distance. While Law Enforcement Officers need to be concerned about the Tueller Principle, the dynamics of Private Citizen encounters are far different.

Proxemics

Diagram by WebHamster

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