Posted on 12/27/2008 5:23:50 AM PST by marktwain
A woman's 80-year-old grandfather fatally shot her estranged husband after he tried to take their two children from the grandparents' house, Conroe police said Saturday.
==========cut======================
According to police, Boudreaux's estranged wife and children have been living with her grandparents for about five months. When Boudreaux arrived Friday and tried to take the children, the grandfather intervened and ordered him to leave. Boudreaux refused, pushing the man out of the way, the statement said. The grandfather then allegedly retrieved a revolver from another room and placed it in his back pocket before again advising Boudreaux, who was aware the older man had a gun, to leave, police said.
As the two left the home out to the driveway, Boudreaux again pushed the older man and allegedly struck him in the chest area where he recently had a pacemaker inserted, police said. Fearing for his life, police said the older man then allegedly shot Boudreaux once, killing him.
(Excerpt) Read more at chron.com ...
Another ploy women use, in addition to crying physical and sexual abuse, is to take the children and not allow the father to see them so that when they do go to court the status quo is that they are living with mother and the judge will only give the fathers EOW and one dinner night during the week because they don’t want to disturb the routine of the children, it doesn’t usually matter that the mother withheld the children either.
That is the longest truest single sentence on the thread. :~)
It is said that he struck the old man but where is the proof, it is obvious that the dead man was shot. And, they were his kids, they didn’t belong to grandpa and if there were no restraining orders against dad, he had as much right to them as their mother and much more than any relative or friend.
But that’s not what the original poster claimed. She said she would empty out the gun, period.
This is why I like shooting steel plates in competition. There’s no way of assessing a paper target. When the steel target is down, the target is neutralized. It gives that added realism to the course.
[In real life, the downed target would still have to be covered.]
Since someone discussed Massad Ayoob, there was a woman who was threatened in her trailer. They guy broke the door down and tore her phone line out. She emptied her revolver into him. Her bullets hit him in the back when he turned to run.
She was tried for first degee murder but found not guilty.
Once again, where is the proof that the grandfather was punched, his word against a dead man’s.
marktwain replied:
I see this as a separate issue. There is some time between making the decision to shoot and the actual shot. Violent encounters are often so fluid and dynamic that it is not uncommon for perpetrators to be legitimately shot in the back, as you so kindly point out in the above post.
If there was no agreement then that means that the father had just as much right to his children as the mother. They were HIS kids too.
“allegedly struck him in the chest area”
If there was no court order at all then he had every right to have his children with him. Grandparents, minus a court order have NO, I repeat, NO legal right to the grandchildren and the wife has no more legal right than the father.
I would empty my 5 shot revolver, if I ever had to use it in defense of my home. It’s a double action .38 snubbie Taurus, and takes only a few seconds to empty it. It takes less than that to empty my 12 gauge. The derringer even less.
According to MO law, I do not think this is prosecutable. If you are a mo attorney, please tell me if you think I am mistaken. Neither of my siblings who are attorneys think it is civilly or criminally responsible. The LEO who taught me to shoot recommended it.
In an emergency with a wild animal or criminal breaking into my very rural home, I WOULD empty whatever weapon was in my hand. My aim would not be to wound anyone. It would be to protect myself using deadly force which I judged necessary in the situation, or else I never would have the weapon in my hands.
Would you seriously advise me to stop after every shot, to assess the situation? Are you a trainer?
She was tried for murder because she didn’t access her target with each shot which can be easily no matter how fast you shoot.
Shoot at a steel plate as fast as you can and you’ll see what I mean.
She was tried for first degee murder but found not guilty.
First degree murder in this case is ludicrous.
PS I have a storm here, and I need to get a branch out of my road. BRB.
You are right about the trespassing but if the grandparents had the child w/o a court order and refused to return them to their rightful parent, they would be guilty of kidnapping.
If the mother was there, they were with a legal parent who had no more right to them than their other legal parent, absent a court order.
Parental rights transcend property lines. The grandparents alone have no right to withhold the man's children from him, absent a court order.
“Would you seriously advise me to stop after every shot, to assess the situation? Are you a trainer?”
I would not recommend that you *always* empty the gun, but that is what commonly happens because of stress and adrenaline. In a violent situation it is often very hard to know exactly what is happening.
I think that Shooter 2.5 would give much the same advise. He has just been saying that it is a bad policy to *always* empty the gun. There might be other threats. There might be limited ammo. Stay bullets go somewhere.
I think he is just objecting to the idea that you are committed to always emptying the gun.
I don’t think that is what you meant at all. I think you meant that you would keep firing as long as there was a threat, and that would usually mean that you would empty the gun.
Wow, I feel so plagiaristic.
Ouch! She sounds like my ex DIL, only in this case her grandfather would have probably shot her not my son.
I doubt they will charge the grandfather although I believe he was completly wrong in following the father out to the driveway and interfering with a legal visit. He has his age and the pacemaker to help him with the D.A. He also has a history of being mild mannered.
You may think that’s what he meant, but I disagree. However, I will go with my instructor’s advise, which sounds remarkably like yours, thanks.
The other seems strictly theoretical, and not from the standpoint of experience. As I have had 1st hand experience with violence in the ER and on neuropsych as a nurse, and firearms training from a state LEO, I will go with what I know.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.