In The News · Situational Awareness · NY Self-Defense Law
A Deer Park Amputee Was Pulled From His Car and Fatally Beaten. New York Law Has Something to Say About That.
Donald Klune, 65, a one-legged amputee, was allegedly pulled from his car on a Deer Park street, beaten, robbed, left injured in the roadway, and died two days later. He did not just lose his life. He lost his opportunity — the opportunity that knowledge, training, and preparation could have given him. This article is about making sure that opportunity is never lost again.
Peter Ticali | NY Safe Inc.
NRA Endowment Life Member · NRA & USCCA Certified Instructor · Licensed Firearms Instructor: NY, MD, DC, MA, UT · NY Pistol License Holder Since 1992 · FBI & Suffolk County PD Citizens Academy Graduate
In This Article
- The Opportunity He Lost
- What Happened in Deer Park
- What Is Disparity of Force — and Why It Changes Everything
- Why "Unarmed" Does Not Mean "Not Deadly"
- The Law May Have Recognized His Right to Defend Himself
- Never Give Up: The Survival Mindset Every Vulnerable Person Deserves
- The 400% Statistic: What One Study Actually Says
- Situational Awareness Is Not Paranoia — It Is Your First Weapon
- Your Vehicle Is a Transitional Space — Treat It Like One
- Even Without a Gun, You Need Options
- A Gun Is Not a Plan — But a Plan May Include a Gun
- Why We Train in the Hope We Never Need It
- Frequently Asked Questions
⚠ Legal Note: NY Safe Inc. is a firearms training company, not a law firm. This article is educational commentary only. Nothing here constitutes personal legal advice. Criminal charges are accusations — every defendant is presumed innocent until proven guilty. If you need legal guidance about a real incident, consult a qualified New York criminal-defense or firearms attorney.
Key Takeaways
| 1 | Disparity of force is a self-defense and legal-analysis concept that may affect whether defensive force was reasonable, even when the attacker had no visible weapon. Age, disability, being trapped, or being on the ground all matter. |
| 2 | New York Penal Law §35.15 does not say an innocent person must passively absorb unlawful force when defensive force is reasonably necessary. It asks whether a reasonable person in your exact situation would believe force was necessary. |
| 3 | Situational awareness — not paranoia — may give you the seconds needed to prevent an attack from fully developing. |
| 4 | Prepared people have more options. Options are what Donald Klune deserved — and what every vulnerable New Yorker deserves to understand they have. |
The Opportunity He Lost
When we hear about a crime like this, the first conversation is always about the attacker.
Who did it. Why they were out that night. Whether they had a record. What charges they face. What the system will do with them.
That is understandable. Justice matters.
But at NY Safe Inc., we also think about the other conversation — the one almost no one is having.
What did Donald Klune know about his own rights?
Did he know that New York law may recognize a violent robbery, disability, age, mobility limits, and disparity of force as part of the analysis when deciding whether defensive force was legally justified?
Did he know that "unarmed attacker" does not automatically mean "not a deadly threat"?
Did he know that disparity of force — his age, his disability, his inability to run, his position on the ground — could be the very foundation of a lawful defensive act?
Did he have any tool — legal, non-lethal, or otherwise — accessible and ready?
We will never know.
What we do know is this: Donald Klune was not just robbed of his car and his life. He was robbed of an opportunity he may never have known he had.
"Every vulnerable New Yorker deserves to know when the law may recognize their right to defend themselves. The tragedy is not just that violence found him. It is that preparation may never have."
— Peter Ticali, NY Safe Inc.
This article exists so that the next person — maybe someone just like him — knows exactly what that opportunity is, and chooses to take it.
What Happened in Deer Park
According to Suffolk County Police, Donald Klune, 65, of Deer Park, was sitting in his 2009 Mitsubishi on Brook Avenue at approximately 8:35 p.m. on December 11, 2024 — not walking down a dark alley, not doing anything reckless — when he was approached, forcibly removed from his vehicle, punched, kicked, and robbed.
He died two days later.
Daily Voice, citing authorities, reported that Klune was an amputee with one leg. The Suffolk County District Attorney's Office announced that Jason Butt-Champagne, 25, of West Babylon, was indicted for robbery and murder. Patch and News 12 Long Island reported the arrest and charges. The defendant has pleaded not guilty; all charges are allegations that must be proven in court.
We are not here to retry this case. We are here to learn from it.
Because what happened to Donald Klune was not random noise in the news cycle. It is a powerful teaching example for disparity of force — the kind of scenario that shows why New York's self-defense analysis looks at reasonable belief, necessity, and the specific circumstances facing the defender. And most people in New York have never heard of it.
What Is Disparity of Force — and Why It Changes Everything
Here is the concept that matters most in this case — and the one most New Yorkers have never been taught.
Definition
Disparity of force is a self-defense training and legal-analysis concept. New York Penal Law §35.15 does not use that exact phrase, but the idea enters the analysis through the law's focus on reasonable belief, necessity, and the specific circumstances facing the defender. The law does not ask whether a gun or knife was visible. It asks whether a reasonable person — in your exact position, with your exact limitations, in your exact moment — would believe serious physical injury or death was the likely outcome.
Factors that establish disparity of force include:
- Significant age difference between attacker and victim
- Physical disability that limits escape or resistance
- Major size or strength difference
- Multiple attackers
- Being trapped, seated, belted, or on the ground
- Continued attack after the victim is helpless
- Strikes to the head, face, or spine
- Darkness, isolation, or a transitional space like a parked vehicle
- Inability to call for help after the attack
Now read that list again — and read it as if you were Donald Klune.
Sixty-five years old. One leg. Dragged from a vehicle. Punched and kicked. On the ground. No ability to run. No ability to fight a 25-year-old on equal terms.
Several of the most important disparity-of-force factors appear to have applied: age, disability, mobility limitations, a vehicle as a transitional space, and a violent robbery involving punches and kicks.
"Disparity of force is the law's acknowledgment of reality. The same punch that inconveniences one person can kill another. New York's self-defense statute was written to recognize that difference. Donald Klune represents the kind of vulnerable person New York's reasonable-belief analysis must be able to see clearly."
— Peter Ticali, NY Safe Inc.
Under New York Penal Law §35.15, deadly physical force may be justified where a person reasonably believes another is using or about to use deadly physical force, or is committing or attempting to commit certain serious crimes — including robbery. New York's Criminal Jury Instructions for deadly physical force make clear that the standard includes both what the person actually believed and what a reasonable person in the same circumstances would have believed.
That "same circumstances" language is where disparity of force lives.
A 65-year-old man with one leg, removed from his vehicle and allegedly beaten by a 25-year-old, is not in the same circumstances as two able-bodied adults in a fistfight. The law sees that difference. The question is whether Donald Klune knew it.
Why "Unarmed" Does Not Mean "Not Deadly"
One of the most dangerous myths in personal safety is the belief that an unarmed attacker cannot kill you.
That is not how violence works.
Fists break bones. Feet crush ribs. Concrete ends lives when a person's head strikes it. Repeated blows cause brain injury. An attacker who continues after the victim is on the ground is not in a "fistfight." He is in a killing.
The word "unarmed" should never end the analysis. It should begin it.
When someone is told the attacker was "unarmed," the next questions should be:
- Who was being attacked?
- What were their physical limitations?
- Could they escape, or were they trapped?
- Were they standing, or on the ground?
- How many attackers were there?
- Was the violence continuing after the victim was helpless?
- Were the strikes aimed at the head, neck, or spine?
These details matter because real violence is decided by facts — not by the presence or absence of a visible weapon.
At NY Safe Inc., we reject two opposite myths with equal force.
The first myth: a gun solves everything. It does not.
The second myth: an unarmed attacker is automatically a minor threat. That is just as false — and in the wrong situation, just as fatal.
"New York law does not ask whether the attacker had a weapon in his hand at the moment of the photograph. It asks what a reasonable person — standing in the victim's body, with the victim's limitations, in that exact moment — would have believed was about to happen."
— Peter Ticali, NY Safe Inc.
The Law May Have Recognized His Right to Defend Himself
This is the hardest sentence in this article — and the most important one.
Based on what has been publicly reported, the Deer Park robbery appears to present many of the facts instructors discuss when teaching disparity of force: an older victim, a serious physical disability, a substantially younger alleged attacker, a parked vehicle as a transitional space, and a violent robbery involving punches and kicks. Those facts do not automatically answer every legal question, but they are exactly the kind of circumstances responsible New Yorkers should understand before danger arrives.
New York Penal Law §35.15 recognizes robbery as one of the specific circumstances in which deadly physical force may be justified. The Criminal Jury Instructions add that the analysis includes what a reasonable person in the defender's position — knowing what they knew, limited as they were limited — would have believed.
The law appears to recognize a doorway for situations like this. But a doorway you do not know exists cannot be walked through.
That is not a criticism of Donald Klune. He did not choose to be attacked. He was not responsible for the violence done to him. The blame belongs entirely to the person who chose to drag a disabled man from a car and beat him.
But this is the truth we owe every vulnerable New Yorker:
Knowledge is
Armor
The law you do not know cannot protect you.
Training is a
Multiplier
Every option you build before the moment matters inside it.
Options are
Survival
What Donald Klune deserved. What every New Yorker deserves.
"Vulnerability is not disqualifying. It is amplifying. The more physically disadvantaged you are in a violent encounter, the more powerfully the law of disparity of force may work in your favor — if you know it exists."
— Peter Ticali, NY Safe Inc.
Never Give Up: The Survival Mindset Every Vulnerable Person Deserves
At NY Safe Inc., one of the principles we teach is simple:
Never give up.
That does not mean always fight. It does not mean use force when force is not justified. It does not mean carry a gun if you are not ready for that responsibility.
It means this: the decision to prepare is made before the night that preparation is needed.
- Never give up your awareness.
- Never give up your options.
- Never give up your will to survive.
And critically — never give up on yourself because you think your age, your disability, your size, or your physical limitations mean you cannot prepare. Because those are exactly the factors that the law uses to recognize you as someone who may be facing a deadly threat when others might not be.
Your limitations are not a liability in the eyes of New York self-defense law. They are the facts that make your reasonable belief more justified — not less.
"The person who uses a cane, the person who moves slowly, the person who cannot run — these are not hopeless cases. They are the exact people New York's reasonable-belief standard must be able to see clearly. Age, disability, mobility, and vulnerability may matter. They deserve to know that."
— Peter Ticali, NY Safe Inc.
There is an uncomfortable truth that we will not soften: evil does not check your mobility before choosing a target. Often the opposite is true. Predators select the vulnerable precisely because they expect less resistance.
The answer is not to pretend vulnerability does not exist. The answer is to build a safety plan that is honest about your reality — and powerful within it.
The 400% Statistic: What One Study Actually Says
There is a figure often cited in self-defense training: that a woman with a gun has dramatically better odds of avoiding serious injury compared to a woman who resists without one. Here is the precise version.
Southwick (2000) — Journal of Criminal Justice
In Lawrence Southwick's 2000 study, Self-defense with guns: The consequences, serious injury rates for women were reported as:
- 1.25% — when a gun was used defensively
- 5.01% — when other resistance was offered
- 3.08% — when no resistance occurred
Women who resisted without a gun had roughly four times the serious-injury rate of women who used a gun in that sample.
That is the basis for the "about four times" injury-rate comparison people often reference. We state it honestly — because honesty is what we teach.
It is not a guarantee. It is not proof every person should carry. The RAND Corporation's review of defensive gun use research notes that some studies show reduced harm associated with defensive gun use, but that causation is difficult to establish because incidents differ significantly before any defensive action occurs.
That balanced view is precisely why responsible training matters more than statistics. The real lesson is not "carry a gun and be four times safer." The real lesson is that prepared people have more options — and more options mean more chances to go home.
"Statistics are averages. Your life is not average. Your specific circumstances — your age, your mobility, your awareness, your tools — determine your outcome. That is why preparation is personal, not statistical."
— Peter Ticali, NY Safe Inc.
Situational Awareness Is Not Paranoia — It Is Your First Weapon
Situational awareness is the most misunderstood concept in personal safety — and for older adults, disabled individuals, and anyone with limited physical options, it is not a luxury. It is a survival skill.
It does not mean walking around scared. It does not mean treating every stranger as a threat. It means noticing what matters — early enough to make a better decision.
Awareness buys time. Time creates choices. Choices save lives.
In and around vehicles specifically — the transitional space where Donald Klune was attacked — awareness may include:
- Scanning the area before stopping, unlocking, or exiting
- Keeping doors locked while seated and stationary
- Avoiding extended time parked while distracted by a phone
- Parking in well-lit areas with clear sight lines and exit paths
- Keeping a phone accessible and charged
- Watching for anyone closing distance in a way that does not fit the environment
- Leaving drive-away space when stopped or waiting
- Trusting the signal that says: this does not feel right
"Situational awareness is especially powerful for people with physical limitations — because if you cannot outrun danger, you must out-see it. Notice it earlier. Act on it sooner. That is a skill anyone can build."
— Peter Ticali, NY Safe Inc.
Your Vehicle Is a Transitional Space — Treat It Like One
Criminals target transitional spaces: parking lots, gas stations, driveways, side streets, store entrances. Places where people are moving between environments and attention is divided.
A parked vehicle feels private. It is not always safe.
When seated in a vehicle, you may be belted in. Your legs may be trapped. Your hands may be occupied. Your attention may be split. For someone with a mobility impairment, stepping out quickly is not an option. Repositioning under stress can take time that an attacker is actively trying to steal.
A safety plan tailored to physical reality — not the able-bodied fantasy version — may include:
- Minimizing time sitting parked and stationary in public areas
- Orienting the driver's side toward visibility when possible
- Using drive-throughs, curbside pickup, or escorted assistance when appropriate
- Keeping the vehicle locked until movement is necessary
- Keeping a phone accessible — mounted, not buried
- Using emergency contact shortcuts on the lock screen
- Keeping a bright flashlight within reach
- Carrying lawful defensive tools in a consistent, reachable location
- Practicing how to access those tools while seated and belted
- Planning honestly around physical limitations — not around the person you used to be
Important
A safety plan built for an idealized version of yourself is not a safety plan. It is a fantasy. Build the plan for the real person who is sitting in that car — and give that person every possible option.
Even Without a Gun, You Need Options
This is not an article that says every New Yorker must carry a firearm. Not everyone is ready for that responsibility. Not everyone wants to carry. Some people are legally ineligible. And for some people, the right starting point is building awareness, understanding the law, and carrying lawful non-lethal tools they have actually trained with.
That is still progress. That is still meaningful. That is still building the options Donald Klune may not have had.
Non-lethal and lower-force options that belong in any personal safety plan:
- Situational awareness — trained, consistent, and habitual
- A loud command voice — often underestimated, often effective
- Distance and movement
- A bright handheld flashlight — versatile, legal everywhere, always useful
- A personal alarm
- A charged phone with emergency shortcuts enabled on the lock screen
- Thoughtful parking and exit planning
- Basic medical training and a trauma kit
- Layered home security: lighting, locks, cameras
- Lawful self-defense spray, where legally possessed
- Formal personal-safety training
Pepper Spray in New York
New York law provides an exemption for certain self-defense spray devices under Penal Law §265.20, but restrictions apply — including age and criminal history requirements. Verify current requirements before purchasing or carrying any defensive tool.
"A tool you cannot reach, have not practiced with, or do not know when to use is not a plan. It is optimism. And optimism is not a self-defense strategy."
— Peter Ticali, NY Safe Inc.
A Gun Is Not a Plan — But a Plan May Include a Gun
Pretending that vulnerable people can always "just run away" is not safety advice. It is wishful thinking dressed up as caution.
Some people cannot run. Some people cannot physically fight a younger, stronger attacker. Some people cannot absorb repeated blows while waiting for someone to call 911 on their behalf. Some people face attackers who have already chosen violence and will not stop for compliance, requests, or screams.
That is exactly why the right to seek a concealed carry license exists in New York — and why NY Safe Inc. takes seriously the responsibility of teaching it.
New York requires individuals seeking a concealed carry license to complete the 16-hour classroom and 2-hour live-fire course mandated by state law. NY Safe Inc. teaches that course — the full 18-hour New York requirement — in a professional, beginner-friendly environment that serves everyone from first-time students to experienced gun owners who need the license requirement met.
NY Safe CCW Classes — Find Yours
- → Suffolk County CCW Class — Deer Park area residents, start here
- → Nassau County CCW Class
- → New York 16+2 Concealed Carry Class — covers every NY jurisdiction
- → NYC CCW Class
"We do not train people because we want them to use force. We train them because they deserve the option. Because people who cannot run, cannot overpower, cannot wait — deserve a fighting chance."
— Peter Ticali, NY Safe Inc.
Why We Train in the Hope We Never Need It
There is a strange criticism aimed at people who train for self-defense: "You must be looking for trouble."
People who train are almost always looking for exactly the opposite. They are trying to avoid trouble — and to survive it if avoidance fails.
The serious student of personal safety does not fantasize about violence. The serious armed citizen does not want a fight. The serious instructor does not teach ego.
We teach because the world contains danger, and danger is indifferent to readiness.
- We teach awareness so threats can be recognized earlier.
- We teach avoidance because the best fight is the one that never happens.
- We teach lawful decision-making because force has consequences.
- We teach disparity of force because every elderly, disabled, or physically vulnerable person in this state deserves to know that the law sees their situation honestly.
- We teach concealed carry because sometimes evil does not stop when asked politely.
- We teach never giving up because the will to survive is not arrogance. It is human dignity.
Donald Klune's death should not become another forgotten crime story in the Long Island news cycle. It should become a reason. A reason for every vulnerable person in this state to ask: Do I know my rights? Do I have a plan? Do I have the knowledge and the tools to give myself a chance?
"The goal is not to be violent. The goal is to be prepared. The goal is to go home. The goal is to ensure that evil does not get the final vote on how your story ends."
— Peter Ticali, NY Safe Inc.
Next Available Classes
Upcoming New York 16+2 CCW Class Dates
Limited to 15 students per class. Seats fill quickly.
Frequently Asked Questions
Disparity of Force & NY Self-Defense Law
What is disparity of force in self-defense?
Disparity of force means that an attacker may pose a threat of serious injury or death even without a traditional weapon, because the circumstances are so unequal. Age, physical disability, size difference, multiple attackers, being trapped, being on the ground, or being unable to escape can all create a disparity that may legally justify the use of greater defensive force. It does not automatically justify deadly physical force in every case, but it is highly relevant to whether a defender's belief was reasonable under the specific circumstances.
Why does disparity of force matter under New York self-defense law?
New York Penal Law §35.15 focuses on whether a person reasonably believed force was necessary under the circumstances. New York's criminal jury instructions ask whether a reasonable person in the defender's exact position — with the defender's limitations, knowledge, and circumstances — would have believed the same thing. That is why age, disability, mobility, number of attackers, and position all factor directly into the legal analysis.
Does New York allow deadly physical force during a robbery?
New York Penal Law §35.15 allows the use of deadly physical force in specific circumstances, including where a person reasonably believes another person is committing or attempting to commit robbery. Every case is fact-specific, and this article is not legal advice. Read the statute directly and consult a qualified New York attorney for guidance in any real situation.
Does "unarmed attacker" mean deadly force is never justified?
No. "Unarmed" does not automatically mean "not dangerous." Fists, feet, pavement, repeated blows, head strikes, attacks against elderly or disabled victims, multiple attackers, and being trapped on the ground can all create a risk of serious injury or death. Whether force is justified depends on the totality of the facts, the nature of the threat, the defender's reasonable belief, and New York law.
Could Donald Klune have legally defended himself?
We cannot know what options were available to him in that specific moment. What we can say is that the publicly reported facts — his age, his disability, the nature of the attack, and the apparent mobility limitations involved — present many of the facts instructors discuss when teaching disparity of force. New York's reasonable-belief standard is designed to recognize exactly those kinds of circumstances. The lesson is that the next person in a similar position deserves to know their rights before that moment arrives.
Is situational awareness the same as paranoia?
No. Situational awareness is the trained habit of noticing relevant cues early enough to make better decisions. It is especially valuable for people with physical limitations — because if you cannot outrun danger, the earlier you see it coming, the better. Awareness may give you the seconds needed to lock a door, drive away, call 911, create distance, or access a lawful defensive tool before a situation escalates into an attack.
Is pepper spray legal in New York?
New York law exempts certain self-defense spray devices under Penal Law §265.20, but restrictions apply — including age requirements, criminal history limitations, and rules about possession and sale. Verify current legal requirements before purchasing or carrying. Carrying pepper spray is only meaningful if it is accessible, if you have practiced with it, and if you understand when its use is legally appropriate.
Who needs the New York 16+2 concealed carry class?
Any New York resident seeking a concealed carry pistol license must complete 16 hours of classroom instruction and 2 hours of live-fire training. NY Safe Inc. offers this required course for responsible adults across Suffolk County, Nassau County, New York City, and surrounding areas. Training is beginner-friendly and covers not just firearm handling but use-of-force law, disparity of force, situational awareness, and the legal aftermath of defensive use.
Where can I take a Suffolk County CCW class?
NY Safe Inc. offers beginner-friendly Suffolk County CCW classes designed for residents completing New York's required 16+2 concealed carry training. See the New York 16+2 Concealed Carry Class page for current scheduling.
About the Author
Peter Ticali
Founder & Lead Instructor, NY Safe Inc.
NRA Endowment Life Member · NRA & USCCA Certified Instructor · Licensed Firearms Instructor: NY, MD, DC, MA, UT · NY Pistol License Holder Since 1992 · FBI Citizens Academy Graduate · FBI InfraGard Member · SCPD Citizens Academy Graduate · SCPD Shield Member · NYPD Shield Member · NRA Certified Refuse To Be A Victim® Instructor · AHA BLS Instructor · Defensive Driving (PIRP) Certified Instructor · Licensed NY SOA · Maryland QHIC
Sources & Further Reading
- Suffolk County Police Department — UPDATE: Man Dies Following Robbery
- Suffolk County DA — West Babylon Man Indicted for Robbery and Murder of 65-Year-Old Amputee
- Patch — West Babylon Man Charged With Murder After Deadly Deer Park Robbery
- Daily Voice — Jason Butt-Champagne Indicted in Donald Klune's Death
- News 12 Long Island — Arrest Made in 2024 Deer Park Carjacking That Left Disabled Man Dead
- New York Penal Law §35.15 — Justification; Use of Physical Force in Defense of a Person
- NY Criminal Jury Instructions — Justification: Use of Deadly Physical Force
- New York Penal Law §265.20 — Self-Defense Spray Device Exemption
- New York State Gun Safety FAQ — Concealed Carry Training Requirement
- Southwick — Self-defense with guns: The consequences, Journal of Criminal Justice, 2000
- RAND Corporation — The Challenges of Defining and Measuring Defensive Gun Use
- NY Safe Inc. — When Can You Use Force in NY?
- NY Safe Inc. — The Second Fight: What to Do After a Defensive Shooting in New York
Final Word
Train Now. Know Your Rights. Go Home.
Donald Klune did not lose his life because he was weak. He lost it because evil found him before preparation could.
There is no shame in that. He was the victim of a predatory crime, and the responsibility for what happened belongs entirely to the person who chose violence.
But we owe him something. We owe it to him to make sure his story becomes a reason — not just a headline.
A reason to learn what disparity of force means. A reason to understand that New York law may recognize your right to defend yourself even when the attacker appears "unarmed." A reason to build a real plan — one that is honest about your limitations and powerful within them.
Never give up.
Train now.
Know your rights.
Go home.
Legal Disclaimer: NY Safe Inc. is a firearms training company, not a law firm. This article is provided for educational and informational purposes only. Nothing in this article constitutes legal advice or creates an attorney-client relationship. New York State and New York City firearm laws are complex, subject to ongoing litigation, and may change. Always consult current law and a qualified New York criminal-defense or firearms attorney before making any decisions about self-defense, firearm ownership, or the use of force. Criminal charges referenced in this article are allegations; all defendants are presumed innocent until proven guilty in a court of law.
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