Posted on 11/16/2007 4:59:15 PM PST by Daffynition
If his claim that the robbers came at him in his yard is substantiated, then he’s got a good case for a good shoot. If not, then he’s got more to worry about than big legal bills, I reckon.
I suppose they have the right to shoot back in Texas also, and that's something you really should consider before stepping out and firing on others.
Best to take cover, and to maintain maximum safety if you've already convinced the cops to come to the event, which he had.
That has nothing to do with Texas law ~ just the best way to manage a potential firefight.
You may have just come up with a new "extreme" sport.
Good pick up. I still haven’t listened to the 911 call. I should probably do that so I’m a little more informed!
Remember, it is Texas.Great things come out of Texas.
You are unable to prove your assertions from the material in this story.
Another thing, Is it “BOOM YOU’RE DEAD” or “MOVE YOU’RE DEAD” which is said on the tape? I can’t really tell.
The little difference could go a long way in a juries opinion.
EXCELLENT point.
Please note the final “or”. There is no requirement that you have been asked to protect the property, etc.
§ 9.43. PROTECTION OF THIRD PERSON’S PROPERTY. A person
is justified in using force or deadly force against another to
protect land or tangible, movable property of a third person if,
under the circumstances as he reasonably believes them to be, the
actor would be justified under Section 9.41 or 9.42 in using force
or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful
interference constitutes attempted or consummated theft of or
criminal mischief to the tangible, movable property; or
That was in Louisiana.
I think we've discussed that one several dozen times in the last decade ~ someone keeps bringing it up.
Hey!! I’m from the North and am highly offended!!! Perhaps I belong in Texas ;-)
I’m not saying that he’s going to prison. I’m saying that he didn’t follow instructions and it’s all on tape.
It’s going to be an uphill battle for him.
My final thoughts on this matter.
Oh my goodness!! I am at least trying to make my conclusions based on the facts given here. That is quite a stretch!!!!!!
“He had to start sometime. 70s as good an age as any.”.......are you being facetious????
Hang on to your seats. This will be a good ‘un. He took two thieves off the streets who might have killed an innocent victim during another robbery. Way to go Joe!
Remember, he may end up prosecuted, convicted and tossed in the clink.
We'll wait on that story.
“The codger had more evidence for what he did than you do for your commments.”
Well, let’s see....the old guy was there on the scene and went through the whole thing - he had first hand evidence and would be competent to testify as a witness. You, on the other hand, engage in psychoanalysis, among other things, based on the story.
Please note, I am not saying that his actions will fall within the statutory language. We’ll just have to wait to see how this plays out on the facts.
“If this old coot had been in error, and these guys weren’t really criminals, and they were armed, he’d be swiss cheese and his estate would be paying damages to them.”
And this is the risk we ALL take owning guns. Besides, I don’t think he would really give a hoot if his estate would have to pay damages if he were swiss cheese!
I certainly hope it is.
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