FLBear5630 said:
whiterock said:
Pretty was looking for confrontation with law enforcement. Bad plan. Particularly when armed.
I am particularly attuned to the "avoid the situation" aspect of this because it was my training...my world. Yes, I was sometimes armed. But I did not have any backup. On my own. No cavalry. Had to look out to potential 3rd, 4th, 5th order effects to avoid as many scenarios for confrontation as possible....a spidey-sense of what/where could generate problems I wouldn't be able to deal with......"what can happen bad here".....and take proactive steps to avoid. If I discharged my weapon, the least that would happen was a quick PNG, a quick trip home, and a new career path, no matter how justified that discharge might have been.
In that context, Pretty acted so profoundly stupidly. If you want to fight with cops, fer crissakes don't do it with a pistol on your belt. It's pretty close to "suicide by cop."
US review of Alex Pretti killing does not mention him brandishing firearm
Funny, official report that DHS does not have him brandishing the firearm... I would think the official inquiry would.
to most people, the word "brandishing" means "holding or pointing conspicuously in a threatening way." The actual legal meaning of course varies from state to state, but is quite a bit more broad than conventional understanding. Brandishing usually means revealing the presence of a weapon in any way, to include merely inadvertently revealing it in a holster. If you are concealed carrying, you have a duty to keep the weapon concealed. If you don't.....clothes too tight.....an unfastened vest or jacket blowing open in the wind, a shirt that's too short to cover fully while lifting your arms upwards, etc.....you are brandishing the weapon.
I have a (large bellied) customer who, while in an argument with his (commercial) neighbor, got arrested for brandishing. He lifted his arm to point at street sign, and his untucked t-shirt (all he ever wore) raised up enough for the neighbor to get a glimpse of my friend's holstered pistol. Neighbor called he police. Friend beat the rap, but he did not beat the ride.