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Home » Bystander Shoots Aggressive Panhandler in Leg After Warning Shot Fails to Deter Attack

Bystander Shoots Aggressive Panhandler in Leg After Warning Shot Fails to Deter Attack

Adam Green By Adam Green May 9, 2025 3 Min Read
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Bystander Shoots Aggressive Panhandler in Leg After Warning Shot Fails to Deter Attack

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ALBUQUERQUE, N.M. — A chaotic scene unfolded Wednesday afternoon outside the Nusenda Credit Union near the Uptown Transit Center when a man attempting to rob ATM users was stopped by an armed citizen.

According to witnesses, 28-year-old Justyn McDaniel began harassing people in line at the drive-up ATM at 6501 Indian School Rd NE, demanding money. The situation escalated when two Nusenda employees attempted to intervene, prompting McDaniel to punch one of them in the face.

McDaniel then jumped onto the hood of a woman’s vehicle and, after she refused his demands for money, kicked in her windshield. At that point, a person in line behind her drew a firearm and fired a warning shot into the air in an attempt to scare McDaniel off. However, the shot had no apparent effect on the suspect.

As McDaniel turned his attention to yet another customer, another armed bystander fired a shot that struck McDaniel in the leg, effectively stopping the assault. Police responded shortly after and took McDaniel into custody. He was transported to a hospital for treatment and later charged with three felony counts related to the incident.

This incident illustrates two critical points for responsibly armed citizens. First, firing warning shots is strongly discouraged and in many jurisdictions may even be illegal. Warning shots not only risk harming innocent bystanders due to ricochets or misfires, but they also often fail to deter aggressive behavior, as was the case here. We have covered this topic in detail, outlining why defensive gun use must be reserved for situations involving imminent threats of death or serious bodily harm—not as a tool for intimidation.

Second, aiming to wound, such as intentionally shooting a suspect in the leg, is neither a safe nor effective defensive tactic. While the report does not confirm the shooter’s intent, the sequence of events suggests an attempt to disable rather than neutralize. Responsible gun owners are trained to shoot to stop the threat, which typically involves aiming at center mass. Police are trained the same way, because attempting to wound increases the risk of missing entirely, endangering others, and failing to stop the assailant.

In self-defense situations, clarity of purpose and adherence to lawful principles are essential. The primary goal is to stop the threat, not to scare, warn, or injure selectively.

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