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To: Spktyr
Well you wanted to leave but your initial flash of anger intimidated the homeowner and you are dead. Not homicide because it was "self defense".

Now obviously my hypothetical is an extreme case. But as far as I know maybe the "meathead" was irrationally angry because their child was being abused by the landowner and the child was in the property. Or maybe none of that is true and he was angry because he is a belligerent jerk. Still seems flakey to me to call this shooting self defense...a crime against language if not against Texas law.

174 posted on 04/06/2022 1:24:47 PM PDT by AndyTheBear
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To: AndyTheBear

You seem obsessed with the “intimidation” or “anger” facet. Under the law, it doesn’t matter if the trespasser is angry, sad, high as a kite or whatever. If they’ve been told to leave, don’t, and there’s reasonable cause (as defined by case law) to believe that accosting the trespasser would likely result in the homeowner sustaining serious bodily injury or death, the homeowner has the right to bring deadly force to bear. The emotional state of the trespasser is irrelevant.

In a prior post, I believe you postulated that the homeowner would have shot the meathead if the meathead had turned to leave. That’s actually *not* legal in Texas. If you tell someone to leave and they do, you are *not* allowed to shoot them while they are in the process of leaving.


175 posted on 04/06/2022 1:59:54 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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