A recent, bizarre attack on a deputy sheriff by a deranged man with a sword in California illustrates some common misconceptions about the use of deadly force. Many think deadly force is only justified if the attacker is armed with a gun, and if they are armed with anything else, or even unarmed, it’s unjustified. Not quite, but everything depends on the details.
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I’m not an attorney or judge. This is commonly understood, practical information.
While everyone is individually responsible for knowing the laws governing the use of force where they live or travel, the universal law of deadly force is relatively simple. It’s lawful if a reasonable person would believe they’re facing an imminent threat of serious bodily injury or death to self or another.
Notice that standard doesn’t specify types of weapons. Guns fulfill those elements at pretty much any range. Knives qualify at 21 feet or even farther. Swords are potentially deadly at a greater distance. Age, size, gender, and strength disparities matter too. The average man can cripple or kill the average woman empty-handed. And while I’m trained and experienced, at 72 I’d be an idiot to take on a 20-year-old hand-to-hand. And of course, a single person armed with a handgun may be overpowered by multiple unarmed attackers.
Baseball bats, sticks, rocks, screwdrivers, power tools, motor vehicles- anything that can cause serious bodily injury or death applies if the person wielding it demonstrates an imminent—right now, not a possible future—threat of serious bodily injury or death. And again, the standard is what a reasonable person—Joe or Jane Averageamerican–in like—not identical—circumstances would believe.
It’s always best to avoid any confrontation if possible, and if running away is an option, take it. But it’s not always possible or smart. “Stand your ground” laws apply here too. On to California:
A routine neighbor dispute in a California desert community erupted into a terrifying showdown when a 22-year-old man allegedly grabbed a sword, threatened to kill his neighbor and charged at a sheriff’s deputy. [skip]
When a deputy arrived, Joshua Dribin, 22, began explaining that he was furious with a neighbor who allegedly kept revving his truck while Dribin was trying to sleep. Dribin told the deputy that he had already asked the neighbor to stop, but the alleged noise continued.
The Deputy did his best to talk the guy down, but he wasn’t having it.
The situation then took a frightening turn. Dribin can be heard yelling from inside his house that he was going to “take care of it,” according to the footage.
The deputy attempted to intervene trying to reassure Dribin that he was going to talk with the neighbor about the noise. But the suspect appeared to grow increasingly agitated.
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“I’m tired of him waking me up! [his neighbor] I’m going to go kill him now! I’m done!” he shouted.
Graphic: Kern County Sheriff’s Office, Body Camera. Public Domain.
The deputy then radioed that Dribin had a sword. Moments later, Dribin emerged from the residence armed with the blade. He then allegedly confronted the deputy and charged toward him.
“Hold that gun, bitch! Go ahead and shoot me!” Dribin yelled.
Graphic: Kern County Sheriff’s Office. Public Domain.
The officer shot Dribin, who was wounded and taken to a hospital.
I’ve studied European and Japanese swordsmanship my entire adult life. The sword is obviously a cheap katana, but that does not make it any less deadly than a far more expensive sword. Such weapons are capable of producing fatal wounds with a single cut or thrust, and their deadly potential demands respect. At the ranges at which most gunfights take place—far closer than most think—a katana and other swords are easily as deadly as handguns and essentially as fast. One need not be highly skilled with a sword—how would the average person know that?—to inflict deadly damage.
Did Dribin demonstrate the intent to cause serious bodily injury or death? Absolutely. Did he have the means to carry out that threat? Yes. Was he close enough with that weapon to inflict serious bodily injury or death? Yes. Would a reasonable person, observing what that deputy’s body camera recorded, believe Dribin represented an imminent threat of serious bodily injury or death? No question about it.
But why didn’t the deputy use a Taser or pepper spray? The video indicates he had no time, and those tools, particularly pepper spray, often fail. Two steps, less than a second, and Dribin would have been in range, and even if shot, momentum would likely have carried the edge of the sword into the deputy. Arguably, the Deputy allowed Dribin, who twice charged him, to come too close.
The devil is always in the details, but in this case, the Deputy acted fully within the law and common sense.
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Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, lifelong athlete, firearm instructor, retired police officer, and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.
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