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Care for the Lambs

No More than Needed

Man holding pepper spray and showing warning gesture.

This article is based on the Safety Member Certification training module “Basic Use of Force Laws” and the Church Security Guide article “Self Defense Laws, Your Rights and Use of Force.”[1][2][3]

From the Bible

The Lord is my strength and my shield; my heart trusted in him, and I am helped (Psalm 28:7a).

Thus saith the Lord; “For three transgressions of Moab, and for four, I will not turn away the punishment thereof; because he burned the bones of the king of Edom into lime” (Amos 2:1).

* Note: Moab was condemned for using excessive violence against a neighboring king.

Introduction

For decades, police have been accused of using excessive force. There was some justification for these charges. Over time, police practices have changed for the better. Officers are now being educated in managing the use of force. Many are learning verbal de-escalation skills. The Department of Justice has developed and made public the Continuum of Force. The goal of all this is for law enforcement offices and security guards to use no more force than is necessary to protect lives and keep order.

In the News

Waianae Valley, Oahu, Hawaii, August 31, 2024 - A neighbor who had been threatening a family since 2021 responded violently to their complaint about people speeding through the neighborhood on Labor Day weekend. On Saturday he drove a front loader onto their property, scooping up four pickups and ramming into a carport where the family and relatives were gathered. When the loader stalled, he pulled out a gun and began shooting, killing three persons and critically wounding two others. The homeowner got his registered handgun and shot the attacker fatally.

The homeowner was briefly arrested, but released. The prosecutor did not charge him, since this was self-defense and defense of others, and this was the only way he could have stopped the attack.[4][5]

Snohomish County, Washington, January 15, 2024 - Several stolen vehicles pulled up in front of a store. One vehicle was driven into the front of the store. The occupants of the vehicles got out to go into the store.

A man working at another store saw this. He grabbed his bear spray, headed out, and began spraying the burglars, who then got into the stolen vehicles and fled.[6]

Sonderborg, Denmark, January 2016 - A Danish girl in Sonderborg was attacked by a man near a refugee camp. She repelled him with pepper spray and he fled. While police were still trying to identify the assailant, the girl was charged with carrying a prohibited weapon. In 2016, pepper spray was illegal in Denmark.[7]

Vancouver, Washington, October 24, 2004 - An armed robber was holding a gun on the cashier in a Vancouver restaurant. What he didn't know was that one of the customers was a MMA fighter. The MMA fighter saw what was happening. He quietly walked up behind the robber and grabbed the gun from his hand, then put the robber into a wrist lock and forced him to the floor.[8]

Stone Mountain, Georgia, July 1, 2024 - A delivery driver was alone in a Chick-fil-A in Stone Mountain when a masked man smashed the drive-through window and entered. He pointed a handgun at the driver and demanded he open the safe. The driver did not have the combination, and told the robber so. When the robber continued to threaten him, the driver parried the gun and threw punches. In the ensuing brawl, the driver tore off the robber's mask. Eventually the robber fled on foot. Between surveillance footage and the robber's car (which he left behind), police were able to identify and arrest the suspect.[9]

Self-Defense and the Use-of-Force Continuum

Self-defense does not always depend on the barrel of a gun or the blade of a knife. Many times the threat is stopped with less-than-lethal devices, unarmed moves, or even verbal de-escalation. In close quarters, a gun or knife may be knocked aside, as happened in Stone Mountain. If no weapons are used by an assailant, then the best defense uses no weapons. Depending on the nature of the assault, defensive spray may be used. Laws and court decisions now favor the least force deemed necessary in an incident.

Before considering how to respond in certain kinds of situations, it is good to consider the Continuum of Force.

  1. The lowest level (least force) is presence, such as a person in uniform or a police car in the median.
  2. The next level is use of words, such as warnings, commands, and verbal de-escalation.
  3. If that is not enough, then empty-handed control (unarmed defense).
  4. Less-lethal methods can range from fly swatters to defensive sprays to electric shock devices. Law enforcement can now also use BolaWrap to restrain non-compliant subjects.
  5. Lethal force weapons are those which can easily result in severe bodily harm or death. A few examples are clubs and baseball bats, edged and pointed weapons, and firearms.

Laws on Use-of-Force

What is legal in the use of force depends on the laws of your jurisdiction (federal, state, and local) and how courts have interpreted those laws. What this means for us is that we need to know what the law is and how it applies where we are.

There are three categories of self-defense laws as defined in state laws. These are

In general, most of these laws apply to lethal force, though in some jurisdictions it means any physical force, such as a shove. Of course, a shove's level of severity depends on the direction of the shove and how forceful it was. For instance, shoving a person onto a subway track or a busy street is likely to be interpreted as lethal force, earning a charge of reckless endangerment or attempted murder.

Duty to Retreat

Duty to Retreat means that the defender must first seek to disengage, to avoid conflict if at all possible. In most Duty to Retreat states, this does not apply to one's own home. The exception to this in some states may be if the attacker is also a resident of that home.

Castle Doctrine

The principle here is that a person's home is that person's castle. They have the right to be there and the right to defend it against intruders. This also applies to one's business. However, in some jurisdictions owners, managers, and employees of a store are now not allowed to defend the property, only lives. In some places, the Castle Doctrine extends to one's vehicle.

Stand Your Ground

Stand your ground means you have the right to defend yourself where you lawfully are. Well, there are a few stipulations to meet:

Preparing for Lesser Force

Many times lethal or near-lethal force was used because that was the only way the persons knew how to defend themselves. If we are to use no more force than necessary, we need to know how. Then we need to practice lesser-level force:

The best preparation for using lesser force is training our minds. First, we see everyone as an individual person, made in the image of God. This was the premise of God's command to Noah after the Flood: Murder is to be punished with death because the victim was made in God's image (Gen. 9:6). For us this means that deadly force is only the last resort.

Proportionality is also a biblical principle. In punishment for perjury the penalty for the perjurer was limited to the damage intended for the person falsely accused: "Eye for eye, tooth for tooth, hand for hand, foot for foot" (Exodus 21:24), and this was also applied to damages in a civil suit. For church security this means not using excessive force. Therefore, we need to condition our minds to think that way.

Neither proportionality nor the image of God was considered by the self-appointed security guard at Keystone Fellowship in April 2016. He intervened in a dispute over a seat and fatally shot a visitor.[11][12]

Mind preparation also includes thinking through how to respond effectively at lower levels of force in different scenarios, then mentally rehearsing our responses.

What if Deadly Force Was Used?

There may be a situation when violence cannot be avoided. If this involves lethal force, a citizen's arrest, or someone is injured with empty-handed control or less lethal weapons, this would involve a police investigation. These use-of-force situations have the potential of criminal charges, including grand jury investigations. In that case, the person using force needs legal counsel. If that person is you, whom do you call? Do you already have a lawyer on retainer?

The good news is you do not have to retain a specific lawyer. If you are subscribed to U.S. LawShield, a crisis call will put you in touch with an attorney in your area. Jack Wilson, who shot and killed the church shooter in White Settlement, TX, made the call. An attorney arrived while police were still there and stayed on the case for more than nine months while the case was investigated and put before a grand jury. The jury decided to not indict Wilson.[13][14][15][16]

Training Resources

The primary training resource for the use of force is the Safety Member Certification training module "Basic Use of Force Laws." It is the fifth of eight classes in the course. Besides this is the article "Self Defense Laws, Your Rights and Use of Force" in the Church Security Guide.[2][3]

There is also the free download, "Use of Force: Recommended Training Your Church's Safety Ministry." The Training Recommendations include Use of Force and Unarmed Control Techniques. A key goal of "Use of Force" training is that everyone on your team understands when shooting is and isn't necessary. "Unarmed Control [and self-defense] Techniques" are better taught in-person by someone experienced and proficient in this skill set.

Following the description of training is a printable training record. It covers all the recommended training topics. Print a form for each member of the church safety team and keep the forms on file. Click *HERE* to get this resource for your team. You'll also receive Kris's weekly email newsletter.[17]

Conclusion

There are different levels on the Continuum of Force, ranging from the presence of a safety/security person to the use of lethal force. It is in the best interests of all to use the lowest level of force necessary to keep or restore order and to protect lives.

References

  1. Kris Moloney, "Basic Use of Force Laws," Safety Member Certification, Sheepdog Church Security, © 2020 [https://sheepdog-church-security.thinkific.com/bundles/safety-member-certification].
  2. Kris Moloney, Church Security Guide, Sheepdog Church Security [https://sheepdogchurchsecurity.net/church-security-guide/]; and Church Security Guide, Sheepdog Articles, Sheepdog Church Security, [https://sheepdog-church-security.thinkific.com/pages/security-articles?c=church-security-guide].
  3. Kris Moloney, "Self Defense Laws, Your Rights and Use of Force," Church Security Guide, Sheepdog Church Security, © 2018 [https://sheepdogchurchsecurity.net/use-of-force-arrest-laws/]; and at Church Security Guide, Sheepdog Articles, Sheepdog Church Security, posted June 9, 2023 [https://sheepdog-church-security.thinkific.com/pages/security-articles?p=self-defense-laws-your-rights-and-use-of-force].
  4. Daryl Huff, "Man who killed Waianae Valley shooter describes moments leading to deadly rampage," Hawaii News Now, September 19, 2024 [https://www.hawaiinewsnow.com/2024/09/20/man-who-killed-waianae-valley-shooter-describes-moments-leading-deadly-rampage/].
  5. Peter Boylan, "Waianae attacker threatened to shoot his victims' family twice before, attorney says," Hawaii Tribune-Herald, September 6, 2024 [https://www.hawaiitribune-herald.com/2024/09/06/hawaii-news/waianae-attacker-threatened-to-shoot-his-victims-family-twice-before-attorney-says/].
  6. Stepheny Price, "Man uses bear spray to stop pot shop thieves in Washington state," Fox News, January 15, 2024 [https://www.foxnews.com/us/man-uses-bear-spray-stop-pot-shop-thieves-washington-state].
  7. Jennifer Newton, "Danish 17-year-old girl who used a pepper spray to fight off a rapist near migrant asylum centre is told SHE will be prosecuted for carrying the weapon," Daily Mail, January 27, 2016 [https://www.dailymail.co.uk/news/article-3418751/Danish-17-year-old-girl-used-pepper-spray-fight-rapist-near-migrant-asylum-centre-told-prosecuted-carrying-weapon.html].
  8. Venice Buhain, "Longview 'extreme fighter' nabs armed robber," The Daily News, October 25, 2004 [https://tdn.com/business/local/longview-extreme-fighter-nabs-armed-robber/article_07728425-208f-50a2-b62b-976e1fc0c77d.html].
  9. Patrick Reilly, "Georgia Chick-fil-A delivery driver fights off masked, gun-wielding robber in dramatic video," New York Post, July 31, 2024 [https://nypost.com/2024/07/31/us-news/georgia-chick-fil-a-employee-fights-off-gun-wielding-robber-video/].
  10. WGV, "Back from the Brink: De-escalating Disruptions," Security Articles, Team Briefing, Sheepdog Church Security, October 1, 2024 [https://sheepdog-church-security.thinkific.com/pages/security-articles?p=back-from-the-brink].
  11. Jim Gardner and Chad Pradelli, "Montgomery County church member charged in fatal shooting," ABC 6 WPVI, April 28, 2016 [https://6abc.com/north-wales-montgomery-county-church-shooting/1313599/].
  12. Rachel M. Moloney, "Lessons Learned from the Keystone Fellowship Church Shooting," Lesson Learned, Security Articles, Sheepdog Church Security, September 25, 2024 [https://sheepdog-church-security.thinkific.com/pages/security-articles?p=lessons-learned-from-the-keystone-fellowship-church-shooting].
  13. U.S. LawShield (SDCS Affiliate Link) [https://www.uslawshield.com/?affid=f83659a7-c044-11e9-a753-02fcb63ac2fe].
  14. WGV, "When You Need Cover: Legal Defense for Self Defense," Articles, Sheepdog Church Security, July 5, 2021 [https://sheepdogchurchsecurity.net/articles/when-you-need-cover/].
  15. Jack Wilson and Katherine Reed (Atty), "The Voice of a Hero: Jack Wilson's Story" (video transcript), U.S. LawShield, on NPR, October 1st, 2020 [https://www.npr.org/2020/09/29/918185532/grand-jury-declines-to-indict-church-security-guard-who-killed-gunman-in-texas].
  16. Matthew S. Schwartz, "Grand Jury Declines To Indict Church Security Guard Who Killed Gunman In Texas," NPR, September 29, 2020 [https://www.npr.org/2020/09/29/918185532/grand-jury-declines-to-indict-church-security-guard-who-killed-gunman-in-texas].
  17. Kris Moloney, "Use of Force: Recommended Training Your Church's Safety Ministry, Sheepdog Church Security, © Copyright 2019 [https://sheepdog-church-security.ck.page/60badbb325].