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Started By
Message
re: Thoughts on this/chasing down thief and killing him
Posted on 3/10/24 at 12:58 pm to Indefatigable
Posted on 3/10/24 at 12:58 pm to Indefatigable
quote:
I read the law in your post. I don’t know that it’s going to totally shield someone whose car was stolen, got in a different vehicle, and shot at the stolen vehicle on the road.
Then your comprehension needs work.
It is not up for debate. It's very clearly written into the law and I even highlighted the relevant elements.
It's not written as "may", "sometimes", etc.
quote:
A person is justified in using deadly force against another to protect land or tangible, movable property
"Is justified." It's stipulated as justified unless the elements are disproven.
quote:
to prevent the other's imminent commission of ... theft during the nighttime
Check
quote:
to prevent the other who is fleeing immediately after committing ... theft during the nighttime from escaping with the property
Check
quote:
he reasonably believes that the land or property cannot be protected or recovered by any other means
Check
quote:
]he reasonably believes that the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury
Check
100% justified.
3
Posted on 3/10/24 at 1:05 pm to Longhorn Actual
quote:
to prevent the other who is fleeing immediately after committing
I think you’ll find that the district attorney’s office and you have different interpretations of what “immediately” means in this context. I’d bet the case law supports their interpretation. This thief had left the property already.
quote:
he reasonably believes that the land or property cannot be protected or recovered by any other means
By the time someone has secured your vehicle and driven away, I’m guessing the legal position on what is reasonable = call the police.
And we’re just talking criminal here. On the civil side, shooting at a moving vehicle from a moving vehicle is hardly ever going to hit the reasonableness bar.
Again, I’m all for thieves being shot. This guy probably went a bridge too far.
This post was edited on 3/10/24 at 1:07 pm
Posted on 3/10/24 at 1:45 pm to Longhorn Actual
quote:
he reasonably believes that the land or property cannot be protected or recovered by any other means
Check
why did you put a check next to this? this is debatable IMO. other means would include calling the cops and reporting the crime haha
Posted on 3/10/24 at 3:36 pm to Longhorn Actual
quote:
he reasonably believes that the land or property cannot be protected or recovered by any other means
As someone who has had multiple vehs stolen I would harp on this piece hard. Especially with what I assume about a Harris Co TX jury.
After that first time you instantly come to accept your vehicle is never coming back, and that 911 call is just to get a Case# for your insurance company.
This post was edited on 3/10/24 at 3:40 pm
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