Podcast Summary
In a self-defense encounter, there is often a brief moment when deadly force becomes justified — and it can close just as fast as it opens. Shoot before that window opens, and a justified situation can quickly become a criminal case.
In this episode of the 36 Lessons series, host Shawn Vincent is joined by firearms instructor Steve Moses and Don West, CCW Safe's National Trial Counsel and a veteran criminal defense attorney. They walk through real cases where armed defenders fired too soon.
The idea builds on earlier lessons. Deadly force is generally justified only when you reasonably believe you face an imminent threat of great bodily harm or death. That means the attacker has the ability, the opportunity, and the intent to cause serious harm. In a fast-moving situation, those three elements can line up for a moment, then fall apart — the person backs off, puts a weapon away, or raises their hands.
According to the panel, it usually comes down to fear, pride, or a lack of training. An untrained defender facing an aggressive person may not know how fast they can get their gun into play — so they draw, or fire, too early.
Don West explains the legal problem. A jury has to find that your actions were reasonable not just to you, but to them. If the threat was speculative or ambiguous, and you can't clearly explain why it was imminent and deadly, the jury may not be convinced. "They don't know any more about what your thinking was than what you're able to tell them," he says.
A common example is the "furtive movement" — someone approaching who puts a hand in a pocket. It might be a weapon. But until you see one, firing on that movement alone can look premature to a jury.
Shawn also draws a line between reasonable fear and reasonable belief. Nearly everyone who fired in these cases was genuinely afraid. But fear alone doesn't equal a reasonable belief that you face imminent death or serious injury — and decisions made out of fear are often not rational ones.
Gerald Strebendt. A Marine veteran and MMA fighter was rear-ended at night by a drunk driver who came at him yelling threats. Strebendt grabbed a rifle, backed away, and called 911. At one point, the man got close enough to grab the rifle — arguably too late to act. He then let go and backed off. When he reached into his pocket from several yards away, Strebendt fired. The panel notes that a single encounter can move from too early, to justified, to too late, and back to too early within seconds. Steve adds that backing straight away left Strebendt staring into headlights; moving off to the side would have let him read the situation better.
Alexander Weiss. A Good Samaritan in Minnesota stopped to help after a crash and was then rear-ended by the same driver. The driver, who appeared impaired, got aggressive. Weiss went to his car, got his phone and his pistol, and came back. When the unarmed man dared him — "Go ahead and shoot me" — Weiss shot and killed him. He went to trial twice, and both juries hung. Steve's view: with both men standing still, that's a bad shoot. Weiss could have stayed in his car, locked the doors, and called 911, or simply driven away.
Michael Dunn (the "Loud Music" case). At a Jacksonville gas station, Dunn asked a car full of teenagers to turn down their music. After an angry exchange with 17-year-old Jordan Davis, Dunn took an unchambered pistol from his glove box, racked it, and fired into the vehicle, killing Davis. He kept firing as the car drove away, then drove home without calling 911. No weapon was ever found. Don points out Dunn likely fired both too soon and too late — and the shots at the fleeing car alone led to convictions carrying decades in prison.
The common thread is that each defender had a chance to leave. Steve keeps returning to Lesson 1: the goal of self-defense is to break contact. Get back in your car, lock the doors, drive away, and call 911. As Steve puts it, "You can replace that car."
Training is the other half (Lesson 2). A defender who trusts their ability to draw from a holster — or shoot from retention at close range — can afford to wait, watch, and assess instead of reacting early. Steve also cautions against keeping a gun in the glove box, where it's slow to reach and easy to steal.
Finally, carrying a firearm raises the bar for your own behavior. "You just have to be willing to be smarter and better" than the person provoking you, Shawn says. Steve's advice: put on your raincoat, let the insults roll off, and go home.
Even a case that ends in a hung jury isn't a win. "You don't win a criminal prosecution as a defendant, you only survive it," Shawn says. Don notes that a mistrial means starting over — and paying lawyers again. CCW Safe members are covered for full representation and defense costs through the end of the case, including retrials and appeals.
Next episode: why you shouldn't shoot after the threat has passed.
