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No Bill for Man who Mistakenly Shot 9 Year Old During Robbery
AmmoLand ^ | Dean Weingarten

Posted on 07/29/2022 4:54:41 AM PDT by marktwain

On February 14, 2022, at about 9:45 p.m., in Houston, Texas, Tony Earls and his wife were robbed at an ATM machine. They were depositing money, from the inside of their car. The robber stuck a gun in their faces and took $20 and a check, their car keys and a wallet, according to KHOU.com:

Surveillance video captured the armed robber approaching Tony Earls and his wife as they were depositing money into an ATM. He pointed a gun at the wife’s face and demanded money, their car keys and wallet, investigators said. 

Both Earls and his wife complied.

As shown in the surveillance video, the robber then fled the scene. Tony was armed. He left his car to retrieve the car keys the robber had thrown. The robber appears to have turned and fired at Tony, but there is no audio in the surveillance video.

Tony’s attorney, Dunn, said Tony heard a gunshot and fired at a vehicle he thought contained the robber.  From Khou.com on 21 February, 2022:

Dunn said Earls got out of the car to retrieve the keys, and that’s when the robber pulled a gun and fired one shot at him. Dunn said his client returned fire, and as he was doing so, a vehicle was driving by slowly. Earls thought the vehicle was part of a group that had just robbed them and got back into his car, according to his attorney.

Dunn said his client got back into the car, and at that point, the vehicle he had noticed began to back up slowly. That’s when he said Earls got back out of his car and fired two shots at the vehicle, striking Arlene.


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: banglist; houston; mistake; robbery; texas; tx
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To: Anti-Bubba182

The little girl wasn’t the right race to cause that kind of reaction.

Also, we don’t get a lot of that in Houston, really. Even though George Floyd was buried here, the rioting here was nothing compared to other major cities.


21 posted on 07/29/2022 7:52:06 AM PDT by The Pack Knight
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To: marktwain

It does (Tex Civ Prac & Rem Code 83.001), but the grand jury “no bill” will not prevent the family from suing him arguing that he was not lawfully acting in self defense. They aren’t bound by the grand jury’s decision and get their own day in court.


22 posted on 07/29/2022 7:56:54 AM PDT by The Pack Knight
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To: bgill

Agreed. As to the robber, we don’t have a strict felony murder rule in Texas—in addition to the felony, you have to prove the felon “commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.” But they can probably prove that here.


23 posted on 07/29/2022 8:03:01 AM PDT by The Pack Knight
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To: Pontiac

The article states this happened at around 9 pm.
And if a cop can get away with accidentally shooting a bystander then so should a regular person.
That said I think he’ll get creamed in a civil suit.


24 posted on 07/29/2022 8:13:10 AM PDT by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: marktwain

I’m afraid they will determine it is not self defense when he shot at the wrong car as the perp was fleeing.... maybe not.... but the litigation will be costly most likely


25 posted on 07/29/2022 10:16:57 AM PDT by DrHFrog
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