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Posted on 7/13/16 at 9:44 am to Geauxld Finger
This Brave Citizen will proudly get an award at the Police banquet this year. As he Should. He stopped a guy ,before that guy killed someone else while pulling his next Robbery. Which without a doubt would have taken place.
Posted on 7/13/16 at 9:44 am to slackster
quote:
Texas law also justifies killing to protect others’ property. In 2007, a man told 14 times by a 911 operator to remain inside during a robbery gunned down two thieves fleeing from his neighbor’s house. (“There’s no property worth shooting somebody over, OK?” the operator said on the call. The shooter’s response: “The law has been changed….Here it goes, buddy! You hear the shotgun clickin’ and I’m goin’!”) He was acquitted the next year.
How's this fricked up? I'll take this neighbor any day of the week.
Posted on 7/13/16 at 9:44 am to slackster
Texas Penal Code:
Boom... justified.
quote:
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) 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.
Boom... justified.
This post was edited on 7/13/16 at 9:45 am
Posted on 7/13/16 at 9:45 am to Commandeaux
It happened in Texas. Nothing will happen to him. Joe Horn anyone?
Posted on 7/13/16 at 9:45 am to Recovered
quote:I'm sure a jury will care
Some of you have never attended the Conceal Carry class. You can't pursue
Posted on 7/13/16 at 9:47 am to nerd guy
quote:
“who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property.”
So if this had happened at 8 AM then the shooter would be going to jail for manslaughter/murder?
What a shitty law
Posted on 7/13/16 at 9:48 am to ColeLSU
quote:
But this is the type of backbone this country needs its citizens to have.
Personally I'd like to stay away from vigilante justice just because it's legal. This guy had an AK-47 so I get it, but if he walked in and robbed the place without a weapon he still could have been justifiably shot in the parking lot. That is a little much.
Posted on 7/13/16 at 9:48 am to tylercsbn9
Well I may not but when he let the threat leave and pursued he opened himself up to being charged. Now if he shoots and kills him in the building whole different story. Now will he be charged? Probably not.
Posted on 7/13/16 at 9:48 am to slackster
quote:
but he could have shot him in the back as he entered his car to drive off and been justified in Texas
I was under the impression that rule only applied to being on your own property?
This post was edited on 7/13/16 at 9:51 am
Posted on 7/13/16 at 9:49 am to terd ferguson
quote:
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
Section 9.41 basically reinforces the shooting
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
Posted on 7/13/16 at 9:49 am to NYNolaguy1
quote:
Did anyone here take a Texas CCL class?
I didn't, but a lot of states allow your permit to carry over. I believe Louisiana and Texas are two states that will allow the other states resident with permit to also conceal carry within the respective state.
Maybe someone else has more knowledge on this than I do or feels like looking it up right now.
Posted on 7/13/16 at 9:50 am to Recovered
quote:
when he let the threat leave and pursued he opened himself up to being charged.
You're not actually reading this thread are you?
Posted on 7/13/16 at 9:50 am to nerd guy
quote:
How's this fricked up? I'll take this neighbor any day of the week.
If you can't see the problem with a law that allows you to kill someone for petty theft then I'm sorry.
Deadly weapon? Sure. Fear for your life or the life or others? Of course.
Stealing a $20 tip jar from a taco truck and getting gunned down as you leave? Nah, that isn't acceptable IMO.
Posted on 7/13/16 at 9:51 am to slackster
Only thing that would make this story better if he sat down and finished his eggs and hash browns while waiting for the police.
This post was edited on 7/13/16 at 9:53 am
Posted on 7/13/16 at 9:52 am to jeff5891
quote:
I was under the impression that rule only applied to being on your own property?
Nah, it can be others' property too.
Posted on 7/13/16 at 9:53 am to oleyeller
quote:the whole thing is that in louisiana, not texas, there was no more danger once the guy left. So he "could" be prosecuted that he followed the perp out of the restaurant and confronted him.
really did have someone on the way or else he could have legal issues for pursuing the guy and ultimately killing him.
not really. The guy was in the act of a felony act with a weapon that out other peoples lives in danger. The dude could have shot him in the back and been fine.
Posted on 7/13/16 at 9:54 am to slackster
quote:
If you can't see the problem with a law that allows you to kill someone for petty theft then I'm sorry.
Deadly weapon? Sure. Fear for your life or the life or others? Of course.
Stealing a $20 tip jar from a taco truck and getting gunned down as you leave? Nah, that isn't acceptable IMO.
frick that. I had someone steal my laptop and passport once. If I could have that person in front of me and legally shoot him in the face I would do it without hesitation.
Posted on 7/13/16 at 9:55 am to terd ferguson
quote:
frick that. I had someone steal my laptop and passport once. If I could have that person in front of me and legally shoot him in the face I would do it without hesitation.
Seek professional help.
Posted on 7/13/16 at 9:56 am to slackster
quote:
Personally I'd like to stay away from vigilante justice just because it's legal. This guy had an AK-47 so I get it, but if he walked in and robbed the place without a weapon he still could have been justifiably shot in the parking lot. That is a little much.
Screw it! Call it population control...call it whatever. If the dude was trying to steal a 2 dollar loaf of bread to eat for a week...okay, but this dude had bad intentions...take him out.
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