Concealed Carry, Legal & Law, News, Self Defense, Self Defense Insurance

Hypothetical Case Study: What If Alan Colie Had Been Sued?

(Why Every Armed Citizen Must Plan for Civil Risk)

⚖️ Overview

On April 2, 2023, Alan Colie, a delivery-driver, was involved in a highly visible confrontation at Dulles Town Center in Virginia, in which he shot prank-video YouTuber Tanner Cook. The incident, captured on video, sparked national debate over reasonable defensive force in a public setting.
Although Colie was acquitted of the key criminal charges, what remains important is that we do not know whether a civil lawsuit was filed, threatened, settled privately, or resolved under a confidentiality agreement.
This hypothetical analysis explores what a civil lawsuit would entail — the legal standards, potential costs, consequences, and why self-defense insurance becomes non-optional in scenarios like this.

Click here to watch the video of the incident (viewer discretion advised).


What Happened: The Encounter at Dulles Town Center

Colie was working his delivery route when Cook approached him with a phone camera, reportedly within inches of Colie’s face, filming. Colie told Cook to stop several times and attempted to disengage. When continued filming and contact persisted, Colie drew his firearm and shot Cook in the torso. The video circulated widely.
At trial, a jury found Colie not guilty of aggravated malicious wounding and not guilty of use of a firearm in the commission of a felony. He was convicted only of discharging a firearm inside a building — a lesser charge, with significant consequences despite the acquittal on the major counts.
Because of the public nature and clarity of video evidence, the event is commonly cited in CCW/self-defense circles as a “justified, but painful” case — legal victory, yet hidden consequences.


Civil vs. Criminal: Why the Risk Doesn’t End at the Verdict

Criminal vs. Civil Burden of Proof

Criminal Standard:
Beyond a Reasonable Doubt → Highest burden in American law → Requires a unanimous jury → Very difficult to convict

Civil Standard:
Preponderance of the Evidence (~51%) → Much lower burden → Jury may only need a simple majority → Far easier to find liability

Implication:
A criminal acquittal does not prevent civil exposure.
Even if Colie was cleared in criminal court, a civil jury — operating under a lower standard — could still decide he acted negligently or used unreasonable force.


Hypothetical Civil Lawsuit Process Chart

(Modeled After a Potential Case Against Alan Colie)

Stage of Civil CaseWhat Happens
1. Complaint FiledPlaintiff alleges excessive force, negligence, or failure to de-escalate.
2. Discovery PhaseDepositions of Colie, Cook, witnesses, video analysts, and use-of-force experts. Colie must testify under oath about threat perception, training, decision-making, and alternatives to shooting.
3. Expert AnalysisExperts testify on reasonable defensive force, gap-time analysis, bystander risk, and engagement options in a public space.
4. Civil TrialJurors examine every movement, pause, and decision caught on video, evaluating Colie’s actions under the lower civil standard.
5. Verdict & DamagesPossible awards include medical costs, pain & suffering, emotional distress, lost wages, and potentially punitive damages. Judgment is based on whether the jury believes his actions were reasonable under the circumstances.

Financial Exposure: Why It’s the Dangerous Side of Self-Defense

While the criminal case involves potential prison time, fines and the government, civil exposure is all about money. Some of the likely costs in a case like this include:

  • Attorney retainer: $20,000-$50,000 just to start.
  • Defense costs (experts, depositions, motion practice, trial prep): easily $150,000-$400,000 or more.
  • Settlement or verdict: medical bills + lost wages + pain & suffering + punitive damages. In a live case, six- or even seven-figure numbers are realistic depending on injury severity, publicity, and jury sympathy.
  • Hidden costs: legal fees of plaintiff, confidential settlement terms, insurance policy implications, bankruptcy risk.
    The takeaway: Even if a defender is found “not guilty” criminally, a civil case can still ruin them financially.

👉 Compare Self-Defense Insurance Options Here


The Unknowns: We Don’t Know Whether a Suit Was Filed, or If Settled

In this specific scenario involving Colie:

  • There is no publicly confirmed civil suit filed (or at least consistently reported).
  • There is no documented settlement disclosed in the public domain.
  • It is possible a claim was made and settled privately under a nondisclosure agreement (NDA), which would keep details out of the public record.
  • Because of these uncertainties, any discussion of a lawsuit is hypothetical — but nonetheless critical for armed citizens to understand.
    The lesson is not “what happened to Colie,” but “what could happen to anyone in a similar position.”

👉 Compare Self-Defense Insurance Options Here


Why Self-Defense Insurance Is a Must

A firearm may save your life — but self-defense insurance saves your future.
In a case like this, regardless of how legitimate your defensive act was, you could still face:

Without Self-Defense InsuranceWith Self-Defense Insurance
Unexpected lawsuits you never saw comingCriminal defense attorney coverage
Massive legal costs you can’t affordCivil defense attorney coverage
Judgments that can wipe out savings, home equity, and your futureExpert witness funding
Forced testimony under oath that exposes you legally even if justifiedCoverage for civil settlements or judgments (plan-dependent)
Lifetime financial consequences from a civil liability judgmentBail bond assistance, lost wage coverage, counseling support
You face the worst consequences alone.You are financially protected when you need it most.

👉 Compare Self-Defense Insurance Options Here


Compare Self-Defense Insurance Plans

Carrying a firearm means preparing for more than the fight itself. The courtroom fight — especially the civil side — can cost you everything, even when you’re completely justified. Don’t wait until you’re already involved in a shooting to figure out how you’ll pay for attorneys, experts, and potential civil damages.

If you carry for self-defense, you need protection that goes beyond your holster.
Click below to compare the top self-defense insurance programs and find the right coverage before you need it.

👉 Compare Self-Defense Insurance Options Here


Alan Colie Shooting Case Study
Gavin Dainsaur Shooting Analysis
James Rayl Shooting Settlement
Portland Cannabis Store Shooting
Michael Hancock Self-Defense Case
Baltimore Bouncer Case Study


Additional Resources

Concealed Carry, Firearms Training, Legal & Law, News, Self Defense

Case Study: The Alan Colie Shooting – Legal, But Was It Necessary?


Overview

On April 2, 2023, 31-year-old Alan Colie, a DoorDash driver, shot 21-year-old Tanner Cook, a YouTuber known for his prank channel Classified Goons, inside the Dulles Town Center Mall in Sterling, Virginia.

Cook walked up to Colie with his phone in hand, using a text-to-speech app to play bizarre phrases while filming. Colie repeatedly told him to stop, but Cook kept getting closer, standing and advancing just inches away. Seconds later, Colie pulled his legally carried handgun and fired one shot, hitting Cook in the abdomen.

Cook survived, and the shooting quickly made national headlines — not just because it was on camera, but because it raised serious questions about what qualifies as a reasonable threat and how far self-defense really goes.

Click here to watch the video of the incident (viewer discretion advised).


The Incident

From the video, it’s clear that Colie didn’t start the confrontation. He asked Cook to back up several times, but Cook ignored every warning. Even as Colie tried to walk away, Cook kept following and crowding him.

Still, when the shot was fired, Cook wasn’t physically attacking — his hands were visible, holding only the phone. That’s where the line gets blurry. Was Colie reacting to an imminent danger, or did he simply reach his breaking point after being pushed too far?

Anyone who carries a firearm knows that feeling of tension when someone won’t respect your space. But that moment — right before you act — is where judgment matters most.


Colie was charged with:

  • Aggravated malicious wounding
  • Use of a firearm in the commission of a felony
  • Discharging a firearm within an occupied building

The jury acquitted him of the first two charges, agreeing he acted in self-defense. But they did find him guilty of firing a gun inside an occupied building, which in Virginia is a Class 6 felony.

He was sentenced to time served, but that conviction likely means he lost his Second Amendment rights — the right to ever legally own or carry a firearm again.

So yes, he won in court on self-defense, but it still cost him his rights, reputation, and livelihood. That’s not a win anyone wants.


Under Virginia law, you can only use deadly force when you reasonably believe you’re in immediate danger of death or serious bodily harm, and there’s no other safe option.

The jury clearly believed Colie’s fear was real and reasonable. But as an instructor, I look at this through a different lens: just because it was legally justified doesn’t mean it was tactically necessary.

He had other options — verbal commands, creating distance, or using OC spray. Even a better retreat could’ve changed the outcome. Instead, one round fired in a crowded mall changed his life forever.

This is why I constantly remind students: the gun is the last resort, not the first reaction.


Lessons for CCW Holders and Armed Security

This case is a tough reminder that being legally right doesn’t mean you’ll walk away unscathed.

  1. De-escalation always comes first. Don’t take the bait — walk away, use your voice, and control the tone.
  2. Distance equals time and options. Don’t let anyone get inside your reaction gap.
  3. Train with your less-lethal tools. OC spray or verbal control can end an encounter without ruining your life.
  4. Think about your surroundings. Firing inside a mall or business creates massive liability.
  5. Winning in court doesn’t mean you really won. A single bad decision can cost you everything — even if you’re found not guilty.

The Role of Self-Defense Insurance

One of the biggest lessons from this case is that Alan Colie was reportedly covered by USCCA, and that membership helped pay for his legal defense.

A shooting like this can cost tens of thousands of dollars in legal fees — even when you’re cleared. Without insurance, most people simply couldn’t afford to fight for their freedom.

Whether you’re a CCW holder or armed professional, self-defense coverage is something you can’t afford not to have. It protects you from the financial fallout of doing what you believed was right.

👉 Compare the Best Self-Defense Insurance Plans


Instructor Commentary – Mark Schneider

In my opinion, the jury made the right call. Alan Colie wasn’t the aggressor — Tanner Cook caused this by pushing boundaries and ignoring clear warnings.

That said, I don’t believe Colie had a clear, immediate, and unavoidable threat of death or serious injury. This situation didn’t require deadly force. With a little more training in de-escalation or OC spray, it probably never would’ve come to that.

This is exactly why I emphasize judgment, awareness, and communication in my classes. It’s not enough to be accurate with a gun — you have to know when not to use it.

A firearm should be your last resort. Every other skill you build — your voice, your awareness, your composure — will do more to keep you free than any caliber ever could.


Call to Action

Train Before You Carry.
Real-world encounters happen fast. Whether you’re a CCW holder, armed guard, or law enforcement professional, training is what separates a justified defense from a bad decision.
👉 Sign up for your Colorado Concealed Handgun Class

Build Confidence Through Realistic Training.
At Concealed Carry Classes of Denver, we don’t just teach theory. We teach judgment, awareness, and how to stay calm when it counts.
👉 View Upcoming Classes



Additional Resources


Disclaimer

The information in this article is provided for educational and informational purposes only. It does not constitute legal advice or establish an attorney–client relationship. Readers are encouraged to consult a qualified attorney familiar with their state and local laws before making any decisions related to self-defense or the use of force.
All opinions expressed are those of Mark Schneider, Senior Firearms Instructor, and are based on training, experience, and publicly available information about the case.

Concealed Carry, Guide, Legal & Law, News, Self Defense

Which States Have a Duty to Retreat Before Using Deadly Force?

Self-defense laws in the United States differ from state to state, and one of the most misunderstood areas is the duty to retreat. This legal principle determines whether you must try to escape or avoid a confrontation before using deadly force — even if you’re facing danger.

While some states allow you to “stand your ground,” others legally require that you retreat, if it can be done safely, before using a firearm or deadly force. Understanding which rule applies in your state could mean the difference between a justified shooting and a criminal charge.


🧭 What Is the Duty to Retreat?

The duty to retreat means that before using deadly force, a person must make a reasonable effort to escape or avoid the threat if a safe path is available.

It doesn’t mean you have to run or put yourself in danger — but if a clear, safe way to withdraw exists, you must take it before resorting to deadly force.

By contrast, stand-your-ground laws remove that obligation, allowing a person to use deadly force if they reasonably believe it’s necessary to prevent death, serious injury, or certain violent felonies — even if escape was possible.


🗺️ States That Require a Duty to Retreat

As of 2025, the following states generally require retreat when safely possible, unless you’re inside your home (where the castle doctrine applies):

  • New York
  • New Jersey
  • Massachusetts
  • Maryland
  • Minnesota
  • Connecticut
  • Delaware
  • Maine
  • Hawaii
  • Nebraska – Active Legislation To Change To Stand Your Ground
  • Rhode Island

These are often referred to as duty-to-retreat states. Each has slightly different standards and exceptions — particularly regarding whether you’re in your home, workplace, or vehicle. In these jurisdictions, prosecutors and juries will scrutinize whether you could have safely disengaged or left the scene before using deadly force.


⚖️ States With Conditional or Limited Retreat Rules

A few states occupy a middle ground — they don’t impose a statutory duty to retreat, but courts may still consider whether retreat was possible when deciding if deadly force was reasonable.

Examples include:

  • California – No explicit duty to retreat, but prosecutors often argue that retreat was possible to challenge a self-defense claim.
  • Oregon & Washington – No formal duty, but the reasonableness of using deadly force can depend on whether retreat was an option.
  • Illinois & Iowa – Similar to California; retreat isn’t required by law, but it’s a factor in determining necessity.

🛡️ Stand-Your-Ground States

Most U.S. states — including Colorado, Texas, Florida, and Arizona — have no duty to retreat if you are lawfully present and not the initial aggressor.

Under these laws, you may use deadly force if you reasonably believe it’s necessary to prevent imminent death, serious bodily injury, or a violent felony. However, “no duty to retreat” does not mean “free license to shoot.” The threat must still be immediate, unavoidable, and proportionate.


🧩 How Duty to Retreat Affects Self-Defense Cases

When someone uses a firearm in self-defense, prosecutors and investigators will look at:

  • Was there a clear, safe route of escape?
  • Did the defender make any effort to de-escalate or withdraw?
  • Was the defender the initial aggressor?
  • Did the defender have a legal right to be there?
  • Was deadly force truly necessary, or was it a reaction born from anger or fear?

Even in stand-your-ground states, if you had a safe path to leave but chose to engage instead, it may still affect how your actions are judged in court or by a jury.


🧠 Key Takeaway

The difference between “stand your ground” and “duty to retreat” states is not about courage — it’s about legal strategy. If you carry a firearm, you need to understand exactly how your state defines self-defense, deadly force, and reasonableness.

When in doubt: if you can safely disengage, do it. Surviving the encounter is one thing — surviving the courtroom is another.


❓ Frequently Asked Questions

What happens if I use deadly force in a duty-to-retreat state without trying to escape?
You could face criminal charges, even if you believed you were defending yourself. The prosecution will argue that you had a reasonable opportunity to withdraw.

Do duty-to-retreat laws apply inside my home?
Usually not. Most states follow the castle doctrine, allowing you to defend yourself against intruders without a duty to retreat when inside your home.

Do I have to retreat if I’m at my business or workplace?
That depends on the state. Some extend castle doctrine protections to workplaces, while others do not. Always check your local laws.

If I’m in a car, do I have to retreat?
If you’re lawfully in your vehicle and cannot safely flee, deadly force may be justified. But if you can drive away safely, most duty-to-retreat states will expect you to do so.

Can I use a firearm in self-defense in a duty-to-retreat state?
Yes, but only as a last resort. You must reasonably believe deadly force is necessary and that no safe means of escape exists.



💼 Take the Next Step

  • 🛡️ Protect Yourself Legally — Compare coverage plans with our Self-Defense Insurance Guide to make sure you’re financially prepared for any legal aftermath.
  • 🎯 Get Certified — Enroll in our Colorado Concealed Carry Class to meet state training requirements and build confidence handling your firearm.
  • 🛒 Shop & Train — Visit our online shop for quality gear, holsters, and training aids, and check out our shooting drills to sharpen your defensive skills.

⚠️ Disclaimer

This article is for educational and informational purposes only and does not constitute legal advice. Laws vary by state and may change over time. Always consult a qualified attorney licensed in your state for guidance on self-defense and use-of-force laws.