I don't know, Nik and cmeese--I readily admit to not being a manly enough man, but if I'm ever in a fair fight I picked the wrong effing fight.
Where are you guys getting this "silhouette" part of the story? How do you know it was that dark? Wook, I'm all for people being able to carry, and there are times when the shoot is justified, but this certainly doesn't sound like one of those times. The shooter is going to have to justify why he feared for his life, AND he's going to have to justify why he couldn't just leave the situation.
I think the act of pulling out a gun would cause most douchebags to back off. If you want to fire a warning shot into the ceiling lights in extreme cases, have fun. But shooting a guy in the chest for popcorn and name-calling is a tad too extreme for me to be open-minded about how scared the defendant felt. I could give a shit.
That reminds me of another encounter. http://abcnews.go.com/US/court-overturns-20-year-sentence-woman-fired-warning/story?id=20387742
i don't know what cops are trained for, but military training for deadly force is that you never pull a weapon without an intention to use it, and you never point a weapon at anything you do not intend to shoot, and you never shoot warning shots. The "decision matrix" has to be complete before you pull the weapon that you're going to put the other guy down.
Yup. You never fire a warning shot because you can't account for where the bullet might end up. If you pull the gun without an immediate intention to use it, you could give the other person a chance to pull a gun. You should only pull out a firearm if you absolutely need to use it.
Here's a question that I haven't seen answered: Are firearms allowed in the theater that this happened in? If firearms are banned from the establishment, wouldn't that also affect how the case is handled?