It all started with some pepper
spray and an ex-wife's boyfriend...
Since 12-22-08
From: ** Tim @ USCCA
To: James Sent: Monday, December 08, 2008
Subject: "It all started with some pepper spray and an ex-wife's boyfriend..."
"It all started with some pepper spray and an ex-wife's boyfriend..."
December 8th, 2008
Wow... I just finished talking to an acquaintance about a horrible legal ordeal
he is going through...
It all started when he had to pepper-spray someone in the face.
See, what happened, is this guy (we'll call him Tom) went to pick his kids up
from his ex-wife's house for the weekend.
Except when he got there, his ex-wife's boyfriend came out and started yelling
at Tom. He was apparently enraged about an exchange Tom and his ex-wife had over
the phone.
This guy was shouting, threatening to kick his butt (except he didn't say
'butt'), when Tom motioned with his hand 'get out of here' and started walking
back to his truck.
At this, the boyfriend shouted "what did you just say to me?!", and he came off
the house's porch, and began walking quickly toward Tom.
Tom is a big guy. Not overweight at all- he's got a gut, but he's almost 6 and a
half feet tall, and he's an avid outdoors man, so he's pretty tough.
Tom probably should have jumped in his truck and left, but a bit old fashioned,
and he isn't the kind of guy who (in his words) "lets some punk scare him off".
You should also know that Tom is NOT licensed to carry a concealed pistol. He
told me that he's never felt the need.
So anyway.. this guy is coming at Tom, and Tom decides to stand there with his
hands on his hips, assuming the guy is all talk.
Well, the boyfriend gets about fifteen feet from Tom, and suddenly breaks into a
run right at him.
Tom doesn't want to fight, so he quickly steps around the front of the truck,
trying to keep it between the two of them.
The boyfriend slams his hands onto Tom's newer Dodge (it's a nice truck), which
angers Tom.
Tom backs up to the rear of the Dodge's passenger side, which buys him enough
time to pull out the pepper spray that he carries.
The boyfriend gets about seven feet away when Tom begins blasting him in the
face with the stuff (I'm not sure what kind it was).
Tom sprays the guy in the face until he's within reach. By now Tom decides that
this guy is still in the fight.
So... Tom, not wanting to let this (much younger) guy get the jump on him, lets
fly with a well aimed right fist. The guy, who can barely see, didn't duck or
block the punch at all, and it took him square in the face.
Then, a regular brawl ensued.
A few minutes later, the police show up and break it up- Tom's ex-wife placed
the call almost immediately.
Tom has a cut forehead and a dislocated right arm.
The boyfriend has 4 missing teeth, a broken nose, a damaged ear, and a swollen
face.
To make a long story slightly shorter, now Tom has to appear before a jury and a
liberal, anti-self-defense prosecutor who is going to try to convince the Jury
that this 6 foot 5 inch 45 year old encouraged the boyfriend, had plenty of
opportunity to leave, and used pepper spray when it wasn't called for.
In the mean time, Tom is the subject of a personal protection order (PPO) which
requires Tom to NEVER be in possession of a firearm- until next year, OR he is
cleared of a bunch of charges.
So, the moral of the story...
a) Pepper spray doesn't ALWAYS keep someone from attacking.
b) Even if you don't have to use your weapon in self defense, you still might
face a legal battle.
c) If you can LEAVE and avoid a confrontation... by all means, LEAVE!
d) You can call a man whatever you want... but don't hurt his truck.
(Sorry- I had to throw that last one in there!)
Okay, that's today's story- I hope you enjoyed it!
Tim Schmidt USCCA - Owner / Founder