- Joined
- Jul 7, 2016
It really depends on the totality of the circumstances.
Oregon law states that a " a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose." And Oregon has no duty to retreat.
If the shooter approached the PP guy with his gun drawn or in a physically threatening manner then he has absolutely no self defense claim whatsoever. But the first amendment gives you the right to get near people and yell at them. If Antifa here approached him just to yell at him, and got pepper sprayed in response he would have right to defend himself. In this case the PP guy would be using lawful physical force to dissuade an attack. But even if Antifa guy had a justification for some kind of force, other factors needed to be taken in to account. The closeness of cops, other people likely to intervene, where the altercation is taking place. I don't think if you look at the whole situation, shooting someone who pepper sprayed you was reasonable force in this case, especially if the shooter was calling for people to jump the "couple over here" like it sounds like in the video.
Then there's the matter of the "fleeing the scene".
Saint Kyle stayed at the scene, immediately pulled out his phone and made a call to report the shooting, and he only left when it became clear that a pack of rabid hyenas was closing in on him, and he ran straight to the nearest police to turn himself in.
This dirtbag, on the other hand, he turned and fled immediately after the shooting like a jogger with a pile of freshly-looted designer jeans clutched in his arms, and you know the last place he was headed to was anywhere near a cop.