The question “Should I shoot to kill” often comes up in our Utah Concealed Carry Classes. Often student’s believe that “Shooting to kill” in a self defense shooting is the correct answer. Let’s think about that for a moment. You are facing an imminent deadly threat and you fire your gun at your attacker once. That attacker is laying on the ground and is still alive but no longer poses any threat to you. Would you walk up and put a few extra rounds into that attacker’s head to make sure they are dead? That would be an intent to kill for sure. I don’t believe most people intend to kill in a self defense situation, but most say that is what they would do. Words do matter in legal situations; there is more than one way to tell the same story. When involved in a deadly force encounter and you find yourself shooting another person, expect a police officer to post the question, “Did you intend to kill that person?” If you answer “yes” it will likely be an uphill battle at a justification hearing and/or Jury trial. A prosecutor will pounce on that statement you made to the cops and try to convince a judge and jury that you did not act in self defense but murdered that person with an intent to kill. When acting in self defense your intent should have been to stop (immediately) that attackers violent actions. YES because you used a firearm there is a likelihood that may cause death but that was not your intention. 

Former Dallas Police Officer Amber Guyger learned that fatal mistake in her murder trial. Officer Guyger was coming home to her apartment at night in uniform and saw the door ajar. Guyger shot and killed Botham Jean thinking he was an intruder in her apartment. In Guyger’s murder trial, she was asked by the prosecutor if she intended to “kill” the victim, her answer was “yes” Her answer was the deciding factor in the presiding Judge denying her appeal of her sentence.

 Under Utah Criminal Code 76-2-402, you have to “reasonably believe” use of deadly force is necessary to prevent an imminent threat of death or serious bodily injury to you or others. So putting in a few extra rounds when it is not necessary goes beyond Utah self defense law under the statute. Also remember when acting in self defense, you need to lawfully be there. Also, if you are facing an imminent deadly threat and that person withdraws from that encounter and effectively communicates that intent, you are no longer lawfully acting in self defense.

Stay safe out there

Phil Snyder

(Retired) Unified Police officer of Salt Lake

Utah BCI Concealed firearms instructor