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Posted on 11/29/21 at 8:14 am to stout
quote:
So you missed the part where he said he was going to take the gun?
No, YOU missed the point which was, that happened AFTER he went inside and got the gun. The point being made (I have no idea if true or not) is that if he produced a gun BEFORE any threatening action then he can be said to have escalated and caused the violence.
Posted on 11/29/21 at 8:35 am to Penrod
quote:
No, YOU missed the point which was, that happened AFTER he went inside and got the gun. The point being made (I have no idea if true or not) is that if he produced a gun BEFORE any threatening action then he can be said to have escalated and caused the violence.
In texas not an issue. He can threaten deadly force on someone that is trespassing. He was well within his right to retrieve his weapon.
Posted on 11/29/21 at 10:27 am to stlslick
A quick search revealed a fact about the processing of the case - the investigation is complete and the case file was turned over to the Texas AG Office on Tuesday, November 16th.
The shooting was on November 5th.
The shooting was on November 5th.
Posted on 11/29/21 at 11:29 am to stlslick
Did someone hack OP's account? Doesn't seem like him at all.
Posted on 11/29/21 at 11:37 am to Penrod
quote:
is that if he produced a gun BEFORE any threatening action then he can be said to have escalated and caused the violence.
When people start paying my mortgage, then they can tell me I dont get to arm myself to get a trespasser off my property.
Do I think he should have done that in that situation? No.
Do I think he operated within the law? Yes.
Know the law.
Posted on 11/29/21 at 11:41 am to stlslick
quote:
You rednecks are going to learn the hard way, about when you can use deadly force.
Man frick you!
Posted on 11/29/21 at 12:06 pm to Azkiger
quote:
Do I think he operated within the law? Yes.
quote:
by Azkiger
That’s bad news for Carruth.
Posted on 11/29/21 at 1:18 pm to diat150
quote:
In texas not an issue. He can threaten deadly force on someone that is trespassing. He was well within his right to retrieve his weapon.
Texas law says you can use force to protect against trespassers, but to use deadly force the bar is raised.
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.
You don't just get to shoot a trespasser, there has to be a reasonable belief that they are about to commit another crime. If Read was trying to force his way into the home/business, steal something, assault someone, etc that changes things.
Posted on 11/29/21 at 1:34 pm to Lightning
quote:
there has to be a reasonable belief that they are about to commit another crime.
Dude aggressively approaches, chest bumps owner and says, “You better be ready to use it, muthafuker, or I’ll take it and use it on you.” Then, he attempts to grab the owner’s hand or gun.
Demonstrated a physical threat. Demonstrated a verbal threat of great bodily harm. Then, demonstrated an attempt to act upon his verbal threat. All while within the owner’s porch, which is an extension of his domicile.
He got sent to Jesus.
Posted on 11/29/21 at 1:47 pm to The Quiet One
Yes, bowing up to him, getting on the porch, grabbing the gun - all dumb things Read should not have done and led to his death.
What I was replying to was the statement that it's legal to use deadly force against trespassers in Texas, which is a misunderstanding of the Castle Doctrine.
Carruth went inside to get the gun *before* Read did any of those dumb things, at that point he was just a trespasser. Will be up to the AG and possibly a jury to decide if Carruth's decision was legal.
What I was replying to was the statement that it's legal to use deadly force against trespassers in Texas, which is a misunderstanding of the Castle Doctrine.
Carruth went inside to get the gun *before* Read did any of those dumb things, at that point he was just a trespasser. Will be up to the AG and possibly a jury to decide if Carruth's decision was legal.
Posted on 11/29/21 at 6:02 pm to Lightning
quote:
Carruth went inside to get the gun *before* Read did any of those dumb things, at that point he was just a trespasser. Will be up to the AG and possibly a jury to decide if Carruth's decision was legal.
Why is merely retrieving a firearm being construed as using deadly force? Pointing it could be. Firing it certainly is. Possessing it? Of course not.
Posted on 11/29/21 at 6:06 pm to Lightning
quote:
Texas law says you can use force to protect against trespassers, but to use deadly force the bar is raised.
notice that I said threaten.
Posted on 11/29/21 at 7:44 pm to Lightning
quote:
Carruth went inside to get the gun *before* Read did any of those dumb things, at that point he was just a trespasser. Will be up to the AG and possibly a jury to decide if Carruth's decision was legal.
I guess a lot of people don’t realize this is in Texas where a man killed twio unarmed men shooting them both in the back as they fled his neighbor’s house after robbing it . They were zero threat to him, and the 911 operator told him to stay in his house told him to wait for the police. A jury acquitted him on all charges.
Posted on 11/29/21 at 7:50 pm to EA6B
quote:
I guess a lot of people don’t realize this is in Texas where a man killed twio unarmed men shooting them both in the back as they fled his neighbor’s house after robbing it . They were zero threat to him, and the 911 operator told him to stay in his house told him to wait for the police. A jury acquitted him on all charges
Well this would make custody so much easier...have ex come pick up kids, say "nah, you can't have them yet" tell them "you need to leave now" when they don't, pull gun and kill them. I know I would have made out better that way.
Posted on 11/29/21 at 7:56 pm to stlslick
quote:
Ex wife playing the games, and her pussy bo0yfriend grabs a gun and confronts father who wants his fricking son.
New boyfriend life was NEVER in trouble,and neither was his count of a ex-wife.
You rednecks are going to learn the hard way, about when you can use deadly force.
Who and what are you talking about?
Who the frick do you think you're talking too?
Let me know when you want to get together in person and run your wife's boyfriends cocksucker like you do via the internet. I'll buy you a sonic blast and throw in a 2 piece too.
Posted on 11/30/21 at 10:29 am to Azkiger
quote:
When people start paying my mortgage, then they can tell me I dont get to arm myself to get a trespasser off my property.
Do I think he should have done that in that situation? No.
Do I think he operated within the law? Yes.
Know the law.
Amusingly it's been reported on another site that the property belongs to the parents of the shooter (who is going through a divorce with a state judge). So the shooter isn't paying the mortgage, assuming there is one, either.
He was just defending his parents' castle that they let him sponge and splooge at from unwanted belly bumps.
This post was edited on 11/30/21 at 10:40 am
Posted on 5/21/23 at 2:49 pm to stlslick
YouTube- break down of the shooting
Mentions several points of Texas law.
Mentions several points of Texas law.
This post was edited on 5/21/23 at 2:50 pm
Posted on 5/21/23 at 2:59 pm to stlslick
I'm not so sure. The trespassing guy tried to grab the gun, so the argument that the shooter was afraid the trespasser might take the gun from him and use it on him looks pretty solid to me.
One thing is indisputable, though.
That trespasser fricked around and absolutely found out.
One thing is indisputable, though.
That trespasser fricked around and absolutely found out.
Posted on 5/21/23 at 2:59 pm to SaintTiger80
Nice bump 
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