Was This Gas Station Shooting Self-Defense? - Legal Analysis by Marc Victor and Andy Marcantel
October 4, 2024
An incident at a gas station in Maryland has raised important legal questions regarding the justification of the use of force. The incident involved a man and a woman who were reportedly attempting to sell marijuana to a minor at a convenience store. According to reports, the minor did not go through with the purchase, and the two individuals exited the store. An agitated bystander who had witnessed the alleged transaction approached their vehicle, opened the driver’s door, and struck the woman in the face. She briefly drove away but then stopped and opened her door again. The same bystander approached the vehicle once more and was then shot multiple times. The woman drove off immediately afterward. It remains unknown which member of the duo fired the shots. Criminal defense attorneys Marc J. Victor and Andrew C. Marcantel provide a legal analysis of the incident.
Legal Analysis
Primary Aggressor: The attorneys identify the bystander as the aggressor. Regardless of whether the accusation that the man and woman were selling drugs to minors was true, the bystander should not have approached their vehicle. The bystander escalated the situation when he punched the woman in the face. This action could result in an assault charge.
“To be clear, no matter what they did inside of that gas station, even if they were actively trying to sell marijuana to minors, even if true, doesn’t in any way shape or form legally justify this kind of a confrontation.”
– Attorney Marcantel
Maryland’s Duty to Retreat: The main issue raised by the attorneys concerns the woman’s choice to stop and reopen the car door after the bystander’s initial assault had concluded. Maryland’s duty to retreat requires individuals to attempt to withdraw from a confrontation before using deadly force if they can do so in complete safety. Significantly, the duty to retreat does not apply to individuals in their own home. While some states treat a vehicle as an extension of the home, Maryland does not extend that legal protection to vehicles.
“The castle doctrine, it comes from the notion that your home is your castle… that’s your last place to retreat to, and so even in the duty to retreat states, you never have to retreat, if you’re in your home.”
– Attorney Victor
Defense of a Third Party: The attorneys discuss the defense of a third party, as they consider the possibility of the male passenger being the shooter. Generally, the law holds that a third party may use the same amount of force that the victim would be entitled to use in their own defense. If the male passenger perceived that the woman was in imminent danger and believed she could legally use deadly force, then stepping into her shoes could justify his use of a firearm.
This raised two questions for the attorneys: How does Maryland’s duty to retreat apply when defending a third party, and can a third party legally use deadly force even if the threatened individual had a chance to retreat?
The attorneys acknowledge that Maryland law is unclear on this point, making it a compelling legal question if the case goes to trial.
Challenges for the Defense
The most significant challenge the defense will face is explaining why the woman reopened the car door instead of driving away. Prosecutors may argue this suggests premeditation or a desire for retaliation, undermining a claim of self-defense. The defense may counter by arguing that the woman could have been dazed or disoriented from the punch, possibly needing air or trying to regain her bearings.
The attorneys emphasize that understanding the woman’s state of mind will be critical and would require a thorough conversation with the defendant to clarify her intentions in that moment.
Consciousness of Guilt: The woman fleeing the scene adds another complication. Prosecutors could argue this behavior indicates a consciousness of guilt. The defense might argue that she or her passenger feared retaliation or that the woman needed medical attention after being struck in the face.
“If somebody fleas the scene, you can, if you choose to, infer that the person left because they knew they were guilty of something.”
– Attorney Victor
Proportionality of Force: Another key element for the prosecution will be the proportionality of force. The fact that multiple shots were fired, nearly hitting a bystander, could be construed as excessive and reckless. Even if the use of force was justified, the execution may not have been proportional to the threat.
General Advice
The attorneys advise viewers to prevent similar situations by:
- Locking your car door when you encounter aggressors.
- Retreating when possible to avoid physical confrontations.
- Considering the use of non-lethal options during physical confrontations.
- Not allowing anger to control you.
“When you feel yourself getting angry, take a breath, take a step back, and say is this worth dying for?”
– Attorney Victor
If you would like to know more about our law firm or our self-defense protection program, Attorneys On Retainer, please call 866-404-5112 or email us.
