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Protecting Neighbor's Home Self-Defense? [Testing "Castle Doctrine" -Texas]
CBS3.com ^
| Nov 16, 2007
| staff reporter
Posted on 11/16/2007 4:59:15 PM PST by Daffynition
click here to read article
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To: humblegunner; Eaker; TheMom; thackney
161
posted on
11/16/2007 9:20:51 PM PST
by
FredHead47
(KIMI = World Champion 2007)
To: ButThreeLeftsDo
Sorry......Bad Shoot. Probably would be in Minnesota, but in Texas, it's probably was not. In Texas, you can use deadly force to protect property, even that of your neighbor, at least under some circumstances, and the facts in this case seem to at least come close to those circumstances.
162
posted on
11/16/2007 9:22:56 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: Wally_Kalbacken
Vicarious self defense does not extend to property, Not quite sure what you mean by "Vicarious", he was there after all, but you can use deadly force to protect property in Texas. See my post above with the relevant portion of the Texas Penal Code.
163
posted on
11/16/2007 9:25:09 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: Daffynition
I’d no-bill that in a second and give the guy a medal. Good riddance to bad trash.
164
posted on
11/16/2007 9:26:56 PM PST
by
jrp
To: SauronOfMordor
But it will probably go a jury Most shootings in Texas do, even those that are obvious justified under the law. It tends to clear the name of the defender. Which helps a lot in any ensuing civil case.
165
posted on
11/16/2007 9:27:43 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: org.whodat
Shooting has nothing to do with the castle doctrine. True, but it has everything to do with Texas law as it existed before the recent "castle doctrine" law was passed and as it remains now.
166
posted on
11/16/2007 9:29:22 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: exit82
It sounded like he used a shotgunif so and this was at close range, it would account for his 2 for 2 record. He clearly fired three rounds. And you can clearly hear that sound so feared by folks in places they should not be, doing things they shouldn't be doing, the sound of the action of a pump shotgun. Nothing else quite like it.
167
posted on
11/16/2007 9:32:20 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: El Gato
From ever comment I have read you are wrong, do you have any court cases where the law you state has been reviewed and a court precedent and interruption set.
168
posted on
11/16/2007 9:32:30 PM PST
by
org.whodat
(What's the difference between a Democrat and a republican????)
To: El Gato
Once again, it appears that the shooter ignored advice from the cops after calling 911 and did it all wrong. On tape. It appears that the shooter pushed the situation while observing a crime. It appears (I know....)that the shooter stepped out of his house (and safety) and confronted the BG’s on his neighbor’s property. On tape.
I wish him nothing but the best, but this is going to be a tough one to defend.
Just sayin’.....
169
posted on
11/16/2007 9:35:27 PM PST
by
ButThreeLeftsDo
(Tracking The "Flyin' Imams Since 11/20/06)
To: NoGrayZone
he went bang bang. Actually he went: BOOM, clack-click, BOOM, clack-click, .... BOOM, clack-click.
170
posted on
11/16/2007 9:36:49 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: M Kehoe
Yes, that’s my correct meaning.
thanks...
171
posted on
11/16/2007 9:37:26 PM PST
by
D-fendr
(Deus non alligatur sacramentis sed nos alligamur.)
To: Ruy Dias de Bivar
Then what good is a Neighborhood Watch? If the police won't or can't come promptly when called, very little good at all.
172
posted on
11/16/2007 9:37:54 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: El Gato
This clearly falls under "protection of property, third party. It has already been pointed out that the man told the dispatcher he did not know the people who lived in the house. And he is not on good grounds for the shooting under all of 9.42, the dispatcher told him the cops were on the way.
173
posted on
11/16/2007 9:45:50 PM PST
by
org.whodat
(What's the difference between a Democrat and a republican????)
To: ButThreeLeftsDo
He was told, more than once to stand back, not stand and deliver. And its all on tape. So, the dispatcher is not a commisioned officer of the law. He's just a government employee, with no authority over the individual. They are trained, wrongly I believe, to respond that way. Same thing happened to a lady just a little younger, whose granddaughter lived with her in Arlington Texas. Same thing happened to the perp in that case too. Well he got shot, but not killed. The cops came and took her gun, but someone, can't recall if it was a neighbor or a relative, promptly replaced it. She was never prosecuted, IIRC, her case didn't even go to the Grand Jury. But the dispatcher still told her granddaughter, who was the one on the phone while Granny got and used her gun, "tell her not to shoot him" and then "tell her to stop shooting him".
174
posted on
11/16/2007 9:46:56 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: muawiyah
Even in Texas I think his interference in police business ("officers are on the way") is going to lose him his only defense. Yeah, "officer are on the way" is like "the check is in the mail". It may be, but it also may not get to you before your own balance goes negative.
But he didn't interfere with anything, except the burglars. The police weren't there to be interfered with.
175
posted on
11/16/2007 9:50:35 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: El Gato
the sound of the action of a pump shotgunMost lever actions make the same noise!
176
posted on
11/16/2007 9:50:44 PM PST
by
org.whodat
(What's the difference between a Democrat and a republican????)
To: muawiyah
Some old coot come out after me will meet hot lead. I imagine the "old coot" knew darned good and well who lived in that house, and who owned it, if they were not the same person. The guys he dispatched were neither, and he knew it.
177
posted on
11/16/2007 9:52:56 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: muawiyah
All these cases where an armed man shoots unarmed people in somebody else's front yard almost all go to trial and he goes to jail.Not generally when there's property stolen from that "somebody else's" home laying around in the yard.
Here in Texas they usually go to the grand jury, which promptly returns a "no bill", thus clearing the defender of any criminal responsibility, and helping him out in the civil case that may follow.
178
posted on
11/16/2007 9:56:47 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: muawiyah
Hes acting out Seventy year old Texans don't "act out" the just act as the see fit.
Bottom line, if the departed had not been burglarizing houses, they'd still alive.
179
posted on
11/16/2007 10:05:59 PM PST
by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: al baby
listening to the tape today, the old man said on it that the men were black. but I later heard that one was from Columbia and the other from another South American country (forgot). He must have just seen very dark skin. I didn't get to hear the second tape. The 911 dispatcher was great with him.
I know I couldn't shoot anybody (heck, I had to keep from throwing up when I was in the blind with my son when he shot his first deer a few weeks ago!), but I think a few more incidences like this will go a long way to stopping burglaries.
When I was growing up, I always learned that you never know what might happen if you do something bad, but whatever the consequences, you deserve them if you take the risk!
180
posted on
11/16/2007 10:08:18 PM PST
by
GOP_Thug_Mom
(libera nos a malo)
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