What could I have done?

:agree:
I agree with mchlwise on most points. The one below I do not agree with:

mchlwise said:

As the story was told, I believe that if yung1s had pulled a gun, the man could have left and called the police and she would have been investigated if not arrested for brandishing.

Click to expand...

As far as I know, you were in your place of business, correct? It was after hours (public not welcome). Had he not left or asked questions after the first request to leave, you are very right to feel threatened. Had you drawn your weapon, and he left after doing so, I would immediately call 911 and report the incident. There is no such thing as "brandishing" in Utah and definitely not while in your place of residence or your business (provided it's yours and you aren't threatening co-workers, etc). You told him to leave, he refused, you prepared yourself to use force to defend yourself and your property. There is no guarantee that any of the students would have heard you, come to your aid, or been able to defend you - so you would have been justified.

Now, the biggest problem here is that you didn't have your sidearm, so your options were limited. That can and should be remedied easily and quickly. Don't be too eager to draw your weapon (you know this), but don't hesitate if you feel your life is in danger. Just because you draw doesn't mean you have to fire. You are much better off drawing and eliminating the threat than waiting until the situation escalates to a point where your abilities or means may not be enough to stop the threat.

Best wishes, I hope you don't ever have anything like that happen again!

Ok, let me answer some things here.

The two witness thing is unclear in the law. It was most likely created to help reduce gang activity. You need to have two witnesses to testify that you in fact did threaten without justification. If you are alone, you cannot be convicted for that. (U.C.A. 76-10-506)

As far as drawing you weapon, it is a misdemeanor if you draw to the low position and a felony if you point the weapon at someone. Given that the person entered after hours, he might be charged with trespassing or potentially breaking and entering (usually connotes intent of theft or vandalism). In this type of situation I would recommend giving verbal information, "We're closed, come back in the morning." followed by "Stop! Stand back! You need to leave!" placing one hand on the weapon and the other held up in the universal stop sign. Finally, "Stop or I'll shot!" with the weapon at low ready. If the man ignores this and keeps coming, you stop the threat.

I'm not suggesting that you draw under any circumstance. But some people are so set in criteria that they might end up dead rather than in court. Granted you don't want either, but it's better to be convicted by twelve than carried by six. You would at most face a misdemeanor by drawing on this guy. And, to be honest, you most likely wouldn't get charged if you could call 911 quickly and explain that a strange man entered the premises and wouldn't answer questions and wouldn't leave. Unless you shot him without him attacking you, you would likely be fine. How can I say this? Think about it. You are a woman, all alone in a near vacant building with some strange guy that shouldn't be there. He's acting strange (who knows what he'll do) and you are not only smaller than he is, you are also a woman who likely is not as strong as this man. Nobody would charge you on something like this and even if they did, no jury in their right mind would convict you, and even if they did, it's always better to be fined and/or take minimal time than be dead.