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PICTURED: Robber, 30, who was killed in Houston restaurant by vigilante: Criminal was ALREADY on bond for assault and spent SIX years in jail for armed robbery - but jury will now decide if 'hero' customer, 46, who 'protected everyone' will face charges
Daily Mail ^ | 10 January 2023

Posted on 01/10/2023 11:18:14 AM PST by BlackFemaleArmyColonel

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To: thefactor

Oh great thank you for the video! You have confirmed my original fear. The final shot was separated from the others by a significant amount of time, the shooter walked towards the victim, purposefully aimed at his head, and fired. That’s an execution, not self-defense.

he was already dead, he just didn’t know it yet. “significant time”.... f’ing joke pal. It was over in 8 second from start to finish.


221 posted on 01/11/2023 6:39:28 AM PST by Dick Vomer (2 Timothy 4:7 deo duce ferro comitantes)
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To: Dick Vomer

8 seconds is an eternity in a gunfight. But the full video clearly shows a delay between shot 8 and shot 9.


222 posted on 01/11/2023 6:39:49 AM PST by thefactor
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To: Dick Vomer
"he was already dead"

So you've seen the medical examiner report? Great!

You people think you know how the legal system works and it's almost comical. They will go frame by frame, second by second and apply the legal standards at each step. If at some point, the shooters duty to stop shooting and reassess is evident, they will hold him to that standard. The final shot raises questions. That's all I'm saying.

223 posted on 01/11/2023 6:42:34 AM PST by thefactor
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To: American Infidel

All great points.


224 posted on 01/11/2023 7:00:45 AM PST by stevio (Fight until you die.)
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To: thefactor

8 seconds is an eternity in any fight. there was two “delays”. There was also the delay from the initial draw when he could have fired but the perp was facing him and others were nearby.

Unless someone has been in a fight, shot at or attacked by someone with a weapon.. bat, knife, club, bottle... you have no idea about time compression and the variable effects of the huge adrenalin surge and cortisol surge on you body and especially you cognitive part of the brain.. (logic).

That’s what “training” does. It makes the “lizard” or lower levels of your brain just react and you don’t “think” about things. There isn’t time... if you think in a life or death incident, you are dead. That’s why violent people like to ambush weak, unsuspecting people.

There have been experiments that show how sudden and aggressive behavior is met with a literal buffet of different responses. Curling up in a ball, trying to talk with hands up and open, attacking with anything and everything nearby used as a weapon..... it all depends on the victim’s training and mindset.

But if someone is the predator/wolf.... someone has to be the sheep or the goats that pass out with loud noises.... same thing with people. ... 100 people drive vehicles into an ambush, 99.9999% of them will hunker down in the kill zone and die.. .maybe one will chevron out and attack out of the kill zone... but most will just “think” about what to do and die.

Situational awareness, mental preparedness, physical/spiritual preparedness....you either fight or die.... on off switch not a knob to dial when threatened with death.

He sat facing the door and the guy across the table didn’t really flinch or even act odd when he pulled his weapon out..... just looked on and walked out with his companion. The noise of that weapon going off in a room would have made me crap my pants. My ears would still be ringing.


225 posted on 01/11/2023 7:01:55 AM PST by Dick Vomer (2 Timothy 4:7 deo duce ferro comitantes)
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To: Dick Vomer
How much of what you wrote would make any difference legally? Can you cite a case where any of that made a difference legally?

Breaking into your home is a completely different scenario and is not even relevant to this case.

People need to protect themselves. Cops do not prevent crimes, they respond to them. But, every state has their own rule’s that define when protecting yourself ends and further action becomes criminal. Anyone carrying has to know that aspect of the law or they put themselves at risk. It is very plausible this man will receive no charges. But it is just as likely he will face charges. Would a police officer in that same situation face charges for that last shot? If the answer is yes, then the shooter may well be charged. I would not want my whole defense to be cops are professionals I am not.

226 posted on 01/11/2023 7:08:30 AM PST by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: Georgia Girl 2
Not claiming I do, but then neither do you. You are simply regurgitating what you read. Number of shots versus coup de grace are two entirely different things. But then your the expert right🤪
227 posted on 01/11/2023 7:10:33 AM PST by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: thefactor
So you've seen the medical examiner report? Great!

nope... just thinking the way the perp was laying on the ground, probably just grunting with the last bit of his brain firing off to breathe and possibly make his legs pretend they can still run even though he was sideways on the ground.....

seen it before, the body is dying, it just doesn't know it yet. But I do agree, even if this guy was in the operating room, intubated on a vent with the OR team scrubbed in ready to throw betadine and open him up.....the first 8 shots would be pretty hard to deal with... but the head shot might make rehab a little tougher.... but we'll never know.

This isn't the movies or TV..... most people shot without body armor or some method of absorbing the penetrating energy of the rounds will usually die.

Adrenalin (epinephrine) and norepinephrine are amazing chemicals. That's why you read about perps being shot but found 100, 200 yards from the scene of the shooting, laying dead in someone's yard. Like shooting a deer with an arrow... they'll run for a while till they don't have blood going to their brain or heart.... same as shooting them.. sometimes they get "knocked down" ... then spring up and run... ugh.... they can go a long ways sometimes and following a blood trail is easier on tv than in real life. It's all adrenalin and the amazing way it makes our body function.

228 posted on 01/11/2023 7:14:37 AM PST by Dick Vomer (2 Timothy 4:7 deo duce ferro comitantes)
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To: Vermont Lt

The head shot after threat was neutralized turned this from defense of self and others into summary execution.

I don’t see any way he won’t face charges for this.

Him pouring his drink on and throwing his cup at the corpse as he left doesn’t help his case either.

If I were on the jury, the DA would have to show me this guy is a general threat to society (ie history of violence etc) otherwise, regardless of the letter of the law I would acquit.


229 posted on 01/11/2023 7:20:40 AM PST by HamiltonJay
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To: TigerHawk

Oh you’d never know if I was carrying...


230 posted on 01/11/2023 7:26:26 AM PST by oldguy1776
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To: OldGoatCPO

I agree with you. “Legally” is out of my area of expertise.

Carrying a weapon of any type is not without risk. Using it is also not without risk. Killing someone with a family and “friends” is also... not without risk.

As far as “charging him”..... this is the part that is particularly bothersome. He will need an attorney... he will need to pay that attorney in order to protect him from LEOs and DAs that want a monopoly on “protect and serve”.

If he’s lucky, they’ll present the case to a grand jury and let them decide or maybe the DA’s office has discretion on even doing this... either way, being a “hero” can bankrupt you and may end your career or job/employment status.

That’s what is so frustrating.... even if he’d have stopped at one round...he would still be bankrupt... unemployed and possibly in fear of his life from family or friends of the perp...... it can be said that the perp.... he was leaving...... no threat there... the perp hadn’t hit or shot anyone (with his bb gun).. so he hadn’t “fired first” and who knows if he verbally threatened death....the lawyers and video I suppose know... and then all the armchair strategist, pistolero technicians and self defenders can go “frame by frame” when in real life it isn’t even possible to “go frame by frame”.... your brain can’t process the info that fast with the adrenalin surging through your body/brain....


231 posted on 01/11/2023 7:26:57 AM PST by Dick Vomer (2 Timothy 4:7 deo duce ferro comitantes)
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To: Dick Vomer
" probably just grunting with the last bit of his brain firing off to breathe and possibly make his legs pretend they can still run even though he was sideways on the ground"

So you're the headshot was completely unnecessary.

232 posted on 01/11/2023 7:31:32 AM PST by thefactor
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To: OldGoatCPO

No I’m not the expert that’s why I listen to a Texas defense attorney and the local Assistant DA who know the law. Apparently you don’t listen to anybody. 😆


233 posted on 01/11/2023 7:42:08 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Dick Vomer
I actually agree with you. It has gone to a grand jury. The question will be at the moment he shot was there a threat? The perp was leaving so will a Huston Grand Jury back that first shot? I suspect they will. The second question is was the threat over before the coup de grace? That is where the problem may come in.

I recall two cases one involving a home break in another very similar case. Minor shot of two punks breaking into the house. He was protecting his sister. As I recall one perp died on the front lawn the other arrested. When they ran from the house the boy secured the house and waited for the cops. He did not render aid nor did shoot the man dying on the lawn to make sure he was dead. Happened in the country, by the time cops got their man on the lawn bled out. Kid was a hero.

Second incident was used in a conceal carry class, it happened I believe about five years ago. Customer shoots robber in a Convenience store. Wounded man flees customer continues to fire and hits the car, but there were stray rounds. Customer is arrested and charged. At the time he was not charged with the first shot. Although as I understood it at the time the Store owner did not appreciate the intervention not wanting a shoot out in his store. There was a question regarding whether the customer was a risk or not. Last I heard the man was convicted of something to the effect of illegal discharge of a weapon and endangering the public. The crux of the story was the man paid a fine was not jailed, but lost the right to conceal carry due to conviction.

The assumption that this man will walk away from this unscathed MAY be wrong. But, due to publicity and the threat from the criminal, he MAY be exonerated. It is just an interesting and educational discussion as laws vary from state to state.

234 posted on 01/11/2023 8:06:20 AM PST by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: thefactor
So you're the headshot was completely unnecessary

I have no idea what is necessary or unnecessary.. completely or otherwise. So my answer to you is... "nope" .. I have no idea what the hero's state of mind was.

I've been shot at once (I set the world record for the 3000 yard dash after jumping 2 six foot fences), cut once and fought recreationally and in a public setting twice....and obtained a new ear drum while learning that you shouldn't fight in public.

I think that being cornered in the booth, with a guy waving a gun in my face.. I would hope to hold my bladder and not piss myself.

Then I'd of waited when his back was turned or he was bent over picking up phones/wallets/credit cards or cash...then I would have started at center mass and done a mag dump all the way up, mag change and hopefully remember to look if the dead lump of meat had any friends looking to come to his aid through the door or from the back of the restaurant.

But you know what I wouldn't have done? I am POSITIVE about this....

I wouldn't have taken ONE shot, looked and see if I hit him, then see if he's still a threat by his body position or demeanor or speech...then reengaged front site on center of mass and shot ONE round and assessed the situation, his body position, demeanor, speech or attitude....and then fired ONE more round... repeat etc...

I would probably be so scared that if I went up to get his weapon from him and he flinched or grunted or twisted or anything I'd of shot him again... because I was scared and jacked up on adrenalin.

People have no idea what adrenalin/noradrenalin does to the brain and body...especially in a life or death fight. I was cut and didn't even realize that I had been cut because the knife was so sharp... then I noticed blood and thought..."gee, I wonder where that came from?....oh it's my hand... gee, that's weird.. I wonder I fell down and cut it on something..."

235 posted on 01/11/2023 8:26:18 AM PST by Dick Vomer (2 Timothy 4:7 deo duce ferro comitantes)
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To: Georgia Girl 2
I read what they said, apparently you lack critical thinking in this case.

Every word out of a lawyers mouth has very specific meaning. The only lawyer saying this was justified is the attorney for the shooter. NUMBER of shots was a question by a reporter, ADA answered the question. NUMBER of shots has never been the issue, the final shot meant to kill a wounded unarmed assailant IS what is being discussed by myself and others. The NUMBER of shots is not an issue in any State as long as the threat still exists. It is a valid discussion by anyone who carry’s. People who carry legitimately come down on both sides of the issue.

Shooter has not been charged. The referral to the grand jury may be meant to deflect criticism especially of a racial nature. The grand jury could decide no charges taking the heat off the DA’s office and law enforcement. Or, due to publicity law enforcement may not want to charge him directly and will let the grand jury recommend charges, again to take heat off law enforcement. We will see which it is shortly.

236 posted on 01/11/2023 8:38:02 AM PST by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: Vermont Lt

+1

5.56mm


237 posted on 01/11/2023 8:59:44 AM PST by M Kehoe (Quid Pro Joe and the Ho got to go.)
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To: OldGoatCPO

Of course there is no max number of shots. 🙄


238 posted on 01/11/2023 9:09:44 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Georgia Girl 2

You really are obsessed with numbers🥱


239 posted on 01/11/2023 9:25:07 AM PST by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: Dick Vomer

Like that one sheriff replying to the question on why the officers fired on the bad guy 93 times. “Because that’s how many rounds they had.”


240 posted on 01/11/2023 12:09:59 PM PST by 21twelve (Ever Vigilant. Never Fearful.)
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