re: One less thug robbing people in Houston

quote:

---

If you can't think clearly or rationally while using a gun, you shouldn't be holding one.

---

How would you know how'd you react until you're in the shite. Hell, I've seen doctors shite the bed and haul arse when codes where called. Or they may have just been trying to get to clinic on time unlike my dumbass that always responded.

5 Elements of Self Defense:

quote:

---

Innocence - A person who is the initial physical aggressor in a confrontation is not the innocent party and cannot justify their use of force as self-defense.

---

We are good there. The robber started the fight.

quote:

---

Avoidance - Some states impose a legal duty to retreat, when
safely possible, before you may use deadly force in self-defense. In all states retreat is the smart choice if safely possible.

---

Not applicable in this case as to my knowledge there is no duty to retreat in Texas. Please correct if I am wrong here.

quote:

---

Reasonableness - You don't have to make perfect decisions in selfdefense, but you do have to make reasonable decisions. Mistakes, if any, must be reasonable mistakes.

---

This is where our good guy with a gun starts to run into issues, especially with those last couple of shots at the end. The prosecution will hammer those home repeatedly at trial.

quote:

---

Proportionality - Deadly defensive force may be used only to
counter a deadly force threat. If the threat is nondeadly, only non deadly defensive force may be used.

---

Good guy is likely okay here. However, if it comes out the weapon was not an actual firearm, it will be another tough road to argue against at trial. The threat still exists even if the deceased did not have a real gun because our good guy could not have known it. However, the optics of the deceased not having a real gun will hurt with a jury.

quote:

---

Imminence - The threat being defended against must be actually occurring or immediately about to occur. An already completed threat or a speculative future threat does not justify the defensive use of force.

---

Our good guy is good on this one until that last shot. Again that last shot may prove very costly to him at a potential trial and will be very difficult to defend.

You need all 5 elements to successful prove self defense. It sucks that our good guy will likely be facing a trial for his life because of this situation where he arguably was right in a moral sense.

I hope this man is not convicted in this case but he likely has a tough fight ahead to get a not guilty verdict. I hope the best for him.

quote:

---

But because of the last shot, he’s likely going to trial, and I would think the prosecutor will try to downplay the perps actions since he didn’t have a real gun. I’m not a lawyer though, but either way it doesn’t help his case.

---

Guy was already dead. Abuse of a corpse. Community service as tanning oil boy for Texan's cheerleaders.

quote:

---

That last shot is not good and unnecessary.

---

Putting a bullet in a dead body isn't murder.

Perhaps desecrating a corpse, but not murder.

quote:

---

you can't think clearly or rationally while using a gun, you shouldn't be holding one. Those last two shots were unnecessary.

---

The woke juror speaks…

I guess I'm the only one that laughed and thought "Damn! That guy just walked into a Quentin Tarantino movie!!"?

The first volley was routine, but the follow up was fricking glorious! Something tells me the shooter was having a bad mf'ing day. I think the last shot was for being a dumbass and having a fake gun.

By the time he got finished killing him, he was dead. He was still keeping an eye on him after killing him 3 times. He may have thought he saw him move a little and capped him again just to be on the safe side. "Dead man tells no tales and gets no revenge"
Latinos out there, what was the name and words to that song playing? Was it fitting for the event?

3 downvotes? Hmmm

Sadly, this dude is likely going to jail. But IMO if you commit armed robbery like this and are confronted by an armed citizen, the results fall on you no matter what happens. I don’t care if the citizen mag dumps into the perp when the first shot incapacitated him, citizen should be immune once the armed robbery took place.

It’s bullshite to charge people for doing the right thing (stopping this crime) just because some extra shots were fired. Once you raise the level to robbing people with a weapon, all bets are off.