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Message

re: This is Murder

Posted on 11/27/21 at 6:27 pm to
Posted by omegaman66
greenwell springs
Member since Oct 2007
27077 posts
Posted on 11/27/21 at 6:27 pm to
Who gives a shot. Why is this being talked about here?
Posted by Jspaspa3303
Member since Jun 2020
3020 posts
Posted on 11/27/21 at 6:36 pm to
quote:

Guess the deputy that helped me was doing me solid then.



It never hurts to knock and at least ask , but making her do it or threatening to take her to jail for not doing it is a big no no . At yourself you for a lawsuit .
Posted by fwtex
Member since Nov 2019
3391 posts
Posted on 11/27/21 at 7:16 pm to
I have no doubt he will be indicted for manslaughter. The deceased was not physical with anyone until the the shooter came out with the gun and then fired the gun into the ground at his feet. At this point the shooter became the aggressor.

This is where the castle doctrine and self defense will go out the window in eyes of the grand jury. The shooter created the event AND the victim had a right to be on the property based on the court order to pick up his son at the property.

No doubt about it, it will be a manslaughter charge.
This post was edited on 11/27/21 at 7:18 pm
Posted by Spook
504
Member since Jun 2019
280 posts
Posted on 11/27/21 at 7:31 pm to
stlslick... I agree with u. Boyfriend life not in danger and he completely instigated the situation. He did just what he set out to do which is to create an environment where he could kill that man and yell "self defense".
Posted by Fububutsy
Lake Charles, LA
Member since Jan 2007
4086 posts
Posted on 11/27/21 at 7:39 pm to
quote:

stlslick


Posted by Yeahright
On a big sphere out there.
Member since Sep 2018
2363 posts
Posted on 11/27/21 at 7:48 pm to
Not murder. The father should have left when told to and then he tried to grab the gun from the homeowner. Case closed.
Posted by diat150
Louisiana
Member since Jun 2005
47693 posts
Posted on 11/27/21 at 7:58 pm to
quote:

AND the victim had a right to be on the property based on the court order to pick up his son at the property.


Where is your proof of this??
Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
37775 posts
Posted on 11/27/21 at 8:03 pm to
quote:

State of Texas at fault. Custody is so heavily favoring the mother it's crazy. 

It's true. Any states that generally favor custody to a parent based solely on gender, have got issues. And, ironically, it's typically red states.

Oklahoma is the same way as Texas in that regard. I fought a long, protracted custody battle against my ex, and won... but it wasn't easy, even though she was at the time an alcoholic, unemployed grifter with no permanent residence, no reliable transportation, and battling bouts of manic depression and Borderline Personality Disorder.

I mean, I have maintained a stable home of my own since I was 17, been employed at my job 20+ years, and have had no legal issues other than a speeding ticket, EVER... but it was still a slug-fest with the courts and DHS Family Services to prove that I was more fit to be custodial parent of my daughter. Once I finally stepped in front of a family court judge and saw it was a woman, I was certain that I was completely fricked, but in the end she paid me some of the best, morale boosting compliments I've ever received in my life.

I know, I digress and it's off topic, but your very true comment prompted me to vent.
Posted by dragginass
Member since Jan 2013
3234 posts
Posted on 11/27/21 at 8:06 pm to
quote:

The law will frown upon the person who injects the gun into the scenario


Not at all like Arbery. Dude with the gun was at his own residence, with a crazy dude who was refusing to leave the property. Yes, a call to the sheriff would be prudent, but he isn't wrong for retrieving his weapon. And he sure as shite wasn't wrong for shooting the guy after he tried to take it from him. I don't want to live in the pussy world some of you live in. You can't go to someone else's property, make a scene intentionally (the recording was for a reason), then refuse to leave. And if you still hadn't left, you had damn well retreat when you see the property owner is armed. Dumbass fricked around and found out.
Posted by Feelthebarn
Lower Alabama
Member since Nov 2012
3723 posts
Posted on 11/27/21 at 8:29 pm to
Looks like the other guy learned the hard way to me
Posted by ChestRockwell
In the heart of horse country
Member since Jul 2021
7574 posts
Posted on 11/27/21 at 8:39 pm to
(no message)
This post was edited on 11/27/21 at 8:41 pm
Posted by ChestRockwell
In the heart of horse country
Member since Jul 2021
7574 posts
Posted on 11/27/21 at 8:41 pm to
K keep me posted
Posted by Lightning
Texas
Member since May 2014
3118 posts
Posted on 11/27/21 at 8:48 pm to
quote:

No charges or arrests have been made.



There’s a little more to it...

Shooter’s wife is a district judge. Still married at the time of the shooting, divorce just finalized last week.

Lubbock DA’s office has recused itself because the judge would likely be called to testify, so it’s been referred to the Texas Attorney General.
Whole thing is messy.
Posted by MrLSU
Yellowstone, Val d'isere
Member since Jan 2004
29702 posts
Posted on 11/27/21 at 8:56 pm to
This was premeditated murder. The Castle Doctrine won’t apply in this case.
Posted by Wallace Ritchie
Des Moines, Iowa
Member since Oct 2021
492 posts
Posted on 11/27/21 at 8:57 pm to
I’m not sure castle doctrine applies if you are outside your home…but like my daddy always said, it doesn’t matter if you’re right if you’re dead. The victim should have left once the midget grabbed a gun and called the police.
Posted by MrLSU
Yellowstone, Val d'isere
Member since Jan 2004
29702 posts
Posted on 11/27/21 at 8:57 pm to
quote:

quote:
AND the victim had a right to be on the property based on the court order to pick up his son at the property.


Where is your proof of this?


This is correct the victim was not trespassing. He had a court order to pick up his son on that property.
Posted by diat150
Louisiana
Member since Jun 2005
47693 posts
Posted on 11/27/21 at 9:22 pm to
quote:

This is correct the victim was not trespassing. He had a court order to pick up his son on that property


Show me
Posted by biglego
San Francisco
Member since Nov 2007
84538 posts
Posted on 11/27/21 at 9:26 pm to
I’m sorry, I just don’t have it in me to give a shite about another high profile shooting
Posted by Lightning
Texas
Member since May 2014
3118 posts
Posted on 11/27/21 at 9:30 pm to
quote:

SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.



This is sticky because interference with child custody is a felony in Texas. LINK

IF dad was ordered to pick up the child as he said, and the boyfriend was knowingly withholding the child with mom, the shooter MAY have been engaged in a felony at the time.

I don’t know enough of the details and have only heard one side of the story so I won’t claim to determine legality.

I do think dad would still be alive today if he’d left the property, so sad for those kids. The wife of the man killed is attempting to gain custody of the kids. Like I said, very messy.


Posted by SaintTiger80
Member since Feb 2020
569 posts
Posted on 11/27/21 at 10:29 pm to
Eff that dude. Went inside to get the gun thinking he was going to look like a bad-a. Tell the woman to come inside, lock the doors and call the cops.

When I got my concealed carry the instructor talked a lot about shootings that can be legal but not moral. Leave you regretting things.. like killing the father of the kid your trying to help raise.

Being able to stay calm and deescalate the situation is just as important as your shooting skills.
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