PC ¶9.32 DEADLY FORCE IN DEFENSE OF A PERSON. (a) A person is justified in using deadly force against another:(2) (B) To prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault. robbery, or aggravated robbery.
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Sounds like a "clean shoot" to me...
Not so fast. The case for Aggravated Kidnapping is way weak.
§ 20.04. AGGRAVATED KIDNAPPING.
(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
I’ve heard from a relative of the deceased who says that many of us have jumped the gun as to his character and motives. The young man was of good character and was a great Father who was trying to get a divorce that his wife wouldn’t give him. He just wanted to see his kids.
I believe this could come down to a tragic instance of both parties acting hastily, each convinced of the rightousness of their own cause. Terribly sad.