Posted on 04/05/2022 12:09:13 PM PDT by Red Badger
VIDEO at link................
Update — No charges will be filed…
YOUR THOUGHTS?
SELF DEFENSE?
2ND DEGREE MURDER?
1ST DEGREE?
Stand your ground?
Castle Doctrine?.......................
He remained on his property. His girlfriend (the father's ex) was standing outside when the man went inside and came back out with the gun.
The whole thing did not have to happen. Everyone involved made poor choices, but technically, the shooting was self-defense. Texas - Castle Doctrine. Remember Joe Horn?
To me, the posture of the victim preceding showed that while he was confrontational, his arms were down and hands at his side near the whole time. That doesn’t seem to me the shooter could have been in fear for his life. I think the victim grabbed the gun after the ground shot for fear of being shot and then the shooter backed off quickly over several feet and fired - twice.
I know the law in Texas holds no requirement to back down and that the victim is technically the aggressor intruder here, but that little guy really didn’t have to shoot that man twice - or once. It’s just a shame....
California has never ben my state even when I used to live there. Currently I live in Texas and find it much more sane. However as a military brat I really have no home state.
Important note: Many states’ concept of home defense is limited to the actual house. (Technically, the assailant was on part of the house, the porch or deck, but let’s leave that aside for now.) In Texas, that concept of home defense legally applies to your *entire property* not just the structure called a house. Homeowners can come out armed to accost unwanted trespassers on their property all they want. It’s specifically legal here.
Tennessean also ... wasn’t the Hatfields and McCoys ‘war’ in Kentucky? There is a substantial difference in size in this case, and the dead fool tried to take the shotgun away from the smaller guy on the smaller guys property.
As I said at the time, legitimate self defense. Justice is served.
Wife and boyfriend are scum. Husband was stupid. It was a good shoot, sadly. I wish they were prosecuted by as said, sadly this was a good shoot, the moment he tried to take the weapon it was a good shoot.
From the video I find it absurd to conclude there was a "substantial risk of death or serious bodily injury" to the small guy with the gun. All the risk was on the big guys side. Granted the big guy was being an idiot to take that risk.
At no point did the big guy try to hurt the little guy. And he sure as heck could have. He could have tackled him and bashed his head down into the porch. He did not even come close to that. His hands were down and he was trying to shame the guy into putting down the gun. When the gun was discharged inches from his feet he tried to disarm the small guy but made no effort to harm him.
The one and only instance of somebody trying to physically harm anyone was the small guy shooting the big guy.
So there was only "substantial risk of death or serious bodily harm" to the guy shot. He was a fool to let his temper put himself in that position, but at least he did not shoot nor even harm anyone.
Kevmo: he came OUTSIDE to wave his gun around.
Tired: He remained on his property.
***It looks like it depends on what Texas law has to say about it and it appears they don’t care about that.
His girlfriend (the father’s ex) was standing outside when the man went inside and came back out with the gun.
***Yup. He was under no apparent threat when he went for the gun. He did tell the victim to leave and the guy didn’t leave, instead choosing to try to take that gun away. I consider this a bad shoot but nobody in the court system is asking me.
The whole thing did not have to happen.
***Agreed. Whose responsibility was it to sit down & shut up? Apparently it was the victim’s because he was on the other dude’s property.
Everyone involved made poor choices, but technically, the shooting was self-defense.
***Technically I think it wasn’t, but it is not prosecutable under current law and Texan attitudes, that kind of thing. But hey, the guys lived in Texas and a gun was produced so the thing to do is get the hell out of there.
Texas - Castle Doctrine. Remember Joe Horn?
***Nope.
Is that the case in Florida? A few months ago, a woman armed herself and walked out into her yard to scare off some men who'd followed her home after a road rage incident. One of them shot her dead in her yard when he saw the gun. He was not charged.
Yup, that Texas law that was posted upthread says you’re allowed to defend property with lethal force. And in particular it brings out a “reasonable person” standard. We all know those Texans are a crazy-@$$ bunch, so a reasonable person in Texas aint gonna see a crime committed at that point. That’s why there’s no charges.
Well if there was a hand to hand death match between the two, yeah the small guy would have been at such a serious risk.
However there was no hand to hand death match. The big guy could have started one when he was nose to nose to the small guy with the gun on the porch. If the big guy was only willing to do violence he probably could have easily gotten the gun away and killed the little guy. But he was instead trying to shame the small guy and call his bluff...so the big guy was certainly risking his life, very foolishly so. But I saw no evidence the small guy's life was at risk for there was no evidence that the big guy intended to harm the small guy.
he tried to disarm the small guy but made no effort to harm him.
***After the shooter saw that the guy was trying to disarm him even after a warning shot... that’s what escalated this to a lethal situation. I still think it was a bad shoot but now I can see why no charges are filed. At the very least some misdemeanor charges shoulda been filed, even if they wouldn’t have stuck, because a guy died over this shiite.
Joe Horn was the man in Texas who stepped outside with his shotgun and killed two men who were burglarizing his neighbor’s house about 15 years ago.
https://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy
Now it rings a bell. It was significant because the question was whether the Castle Doctrine extends to protecting a neighbor’s property.
I did not remember there was a plainclothes officer on the scene. What does it take to just get people to do their frikken job?
Well it did in fact end up lethal. However that was up to the guy that pulled the trigger. However the way I read the law as quoted in the one comment such lethal force is only justified if a reasonable person would judge there was a "substantial risk of death or serious bodily harm". Since the big guy obviously wanted to keep trespassing on the lawn until the verbal dispute was settled to his satisfaction, and since the big guy gave no indication of wanting to harm the small guy or anybody else. It is absurd to think that him trying to take the gun away was likely to be a prelude to a deadly attack. Seems 99.999% likely he just adamantly did not want to leave yet and did not want to be shot either.
No idea. I have not recently familiarized myself with Florida law in such matters. Mostly because I have no intent of going to Florida. :P
Well, he didn’t leave. And he was shot. So he got one half of his wish. Suqs to be him.
I do agree with the assessment that the big dude was calling a bluff. It wasn’t a bluff.
It’s interesting to see what would be a bad shoot in one state is not even filed in another.
Not guilty in TX, and should be so in every jurisdiction on the planet.
He came to some else's home. He was told to leave. Rather than leave, he got more aggressive. He was properly dispatched.
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