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re: SLIDELL homeowner kills man acting 'erratically' in his yard OP UPDATE

Posted on 1/16/17 at 1:17 pm to
Posted by FulshearTiger
Member since Jul 2015
5294 posts
Posted on 1/16/17 at 1:17 pm to
quote:

I dont have that info...but I cant see how this is justified in any way shape or form...unless dead guy had a gun


How stupid are you?

You think it's perfectly within the dead Guy's rights to be acting crazy in someone's front yard at midnight?

In Texas it is perfectly legal to shoot someone that is in your yard or on your property if it dark outside.

And your car comparison is completely irrelevant and is dumb, but that seems to fit your mold.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69517 posts
Posted on 1/16/17 at 1:17 pm to
quote:

Society has told me I can only be outraged if shooter was White and shootie was AA


true and i hope shootee is white and shooter is black (or white doesn't matter) so when we find out the shootee was doing some stupid shite we can say well it served him right and we won't be racist
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 1/16/17 at 1:18 pm to
you really seem upset about this...are you ok?
Posted by FulshearTiger
Member since Jul 2015
5294 posts
Posted on 1/16/17 at 1:19 pm to
That's a really good rebuttal. I guess when you realize how stupid you are and everyone else knows you're stupid that's the best rebuttal you can come back with.
Posted by Mitcher8
Hopefully St. George soon
Member since Dec 2016
54 posts
Posted on 1/16/17 at 1:19 pm to
Um, nice picture. Anywho, It's called the 'stand your ground law'. Look it up on the interwebz.
Posted by LSUfanNkaty
LC, Louisiana
Member since Jan 2015
11935 posts
Posted on 1/16/17 at 1:19 pm to
quote:

you really seem upset about this...are you ok?



Solid rebuttal...
Posted by rsbd
banks of the Mississippi
Member since Jan 2007
23229 posts
Posted on 1/16/17 at 1:19 pm to
The melt on Facebook is already becoming entertaining try to find a WWL post
This post was edited on 1/16/17 at 1:27 pm
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 1/16/17 at 1:26 pm to
quote:

In Texas it is perfectly legal to shoot someone that is in your yard or on your property if it dark outside.



link?

quote:


Many people think that the law allows you to use deadly force against a mere trespasser. In fact, Texas law says the exact opposite. Texas Penal Code §9.41 allows you to use force, not deadly force, that is reasonably necessary to prevent or terminate another’s trespass on your land.

You still have a legal right to exclude or remove trespassers from your land; however you are limited to only using non-deadly force to do so. The use of force can have many different manifestations, from physical confrontation to displaying a weapon. Texas Penal Code §9.04 states that for defensive purposes the display of a weapon in order to create apprehension in another person is considered a use of force, not deadly force. That means if someone trespasses on your property, you may display your firearm to create apprehension that you will use deadly force if necessary. You will not be legally justified in discharging the firearm, but you will be legally justified in displaying it to “create apprehension” under the law. Only if the trespasser is committing other acts where the law states that you are justified in using deadly force would you be allowed to discharge your firearm legally.

For example, if you are sitting in your living room and see an individual peering in your window, you will probably not be justified under Texas law in using deadly force against the suspicious person. However, if the same fellow breaks a window and climbs through, you will be legally justified in using deadly force under Texas Penal Code §9.32. If you see the same individual scoping out your detached barn, you will not fall under Texas Penal Code §9.32, because it is not considered an occupied habitation. Note under our examples you may very well be justified under another section of the law in the use of deadly force, but not under Texas Penal Code §9.32, or what the media calls the “Castle Doctrine.”



quote:

The use of deadly force to protect property is contained in Texas Penal Code §9.42. This section of the law lays out a couple of scenarios where you are justified in reasonably using deadly force to protect your property. The first is if someone is committing trespass or interference with your property and you must reasonably use deadly force to prevent arson, burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime. If someone is unlawfully on your property and attempting to commit any of these crimes, you will gain the legal justification for using deadly force.
This post was edited on 1/16/17 at 1:28 pm
Posted by Woobie
Member since Jan 2017
3281 posts
Posted on 1/16/17 at 1:28 pm to
Posted by Scooba
Member since Jun 2013
20005 posts
Posted on 1/16/17 at 1:28 pm to
He feared for his lawn.

Posted by Topwater Trout
Red Stick
Member since Oct 2010
69517 posts
Posted on 1/16/17 at 1:29 pm to
quote:

The melt on Facebook


its MLK day...they will really defend a guy without any facts today
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 1/16/17 at 1:30 pm to
quote:

He feared for his lawn.



my lawn is vandalized every time some dog walker lets their dog shite on my property, does that give me the right to shoot them?
Posted by Mitcher8
Hopefully St. George soon
Member since Dec 2016
54 posts
Posted on 1/16/17 at 1:32 pm to
quote:

my lawn is vandalized every time some dog walker lets their dog shite on my property, does that give me the right to shoot them?



Duh
Posted by LSUfanNkaty
LC, Louisiana
Member since Jan 2015
11935 posts
Posted on 1/16/17 at 1:33 pm to
quote:

For example, if you are sitting in your living room and see an individual peering in your window, you will probably not be justified under Texas law in using deadly force against the suspicious person


quote:

link?


I would also love the link for this seemingly credible source you have provided...

Also..

quote:

The first is if someone is committing trespass or interference with your property and you must reasonably use deadly force to prevent arson, burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime. If someone is unlawfully on your property and attempting to commit any of these crimes, you will gain the legal justification for using deadly force.


99% of the time, the home owner/property owner will be clear for using deadly force...
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19819 posts
Posted on 1/16/17 at 1:34 pm to
quote:

In Texas it is perfectly legal to shoot someone that is in your yard or on your property if it dark outside.


I was going to tell him how wrong he was but you got it first. Can you imagine a society where just walking in someone's yard after dark meant you could be shot? That would suck for every kid that ever had to chase a football or Frisbee.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 1/16/17 at 1:35 pm to
quote:

The first is if someone is committing trespass or interference with your property and you must reasonably use deadly force to prevent arson, burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime. If someone is unlawfully on your property and attempting to commit any of these crimes, you will gain the legal justification for using deadly force.


that is not what the poster that I was responding to said.....

quote:

In Texas it is perfectly legal to shoot someone that is in your yard or on your property if it dark outside.




that sentance and what I posted is not the same
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69517 posts
Posted on 1/16/17 at 1:36 pm to
quote:

does that give me the right to shoot them?


the dog or the owner?
Posted by mikelbr
Baton Rouge
Member since Apr 2008
48996 posts
Posted on 1/16/17 at 1:37 pm to
quote:

A Slidell homeowner shot and killed a man who was acting 'erratically' in his front yard early Monday morning, according to the St. Tammany Parish Sheriff's Office.


This reminds me of Winter 06, living on Wiltz in Capital Heights. Came home from lunch to find some dude wandering around fricked up pulling on car door handles and knocking on doors. I called 911, the operator said they were sending out units ASAP. I was like "why? is this dude known to be dangerous?" she said "No. Others have called and he's apparently intoxicated and we don't want him to get killed."
They basically were saying don't go kill this idiot. Wait for police.

That was pretty thoughtful of our BR Law enforcement even back in 06 before all this shite we see now.

csb.
Posted by Scooba
Member since Jun 2013
20005 posts
Posted on 1/16/17 at 1:39 pm to
Absolutely.
Posted by Mitcher8
Hopefully St. George soon
Member since Dec 2016
54 posts
Posted on 1/16/17 at 1:41 pm to
quote:

the dog or the owner?


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