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by jeffrw
Fri May 25, 2012 4:53 pm
Forum: General Texas CHL Discussion
Topic: Is a vehicle a deadly weapon?
Replies: 60
Views: 10440

Re: monster trucked to death? Revision

This story and the story of the 70-year old man who was run off the road, both serve as sobering reminders that any time you defend yourself with a gun (whether that means shooting, displaying, or merely mentioning it), you should be prepared for the bad guy to try to "flip the script" and paint you as the perpetrator. And it might stick, because after all, you are the "man with the gun". The burden may be on you to prove your actions were defensive, not offensive. This actually happened recently to someone I know. He had been in a domestic dispute (non-violent) and his wife had left their house. A while later, her father/brothers/etc. showed up to confront him. Feeling a bit afraid, he locks the door to the house and tells them to go away. They won't take no for an answer. They pound on the door and start trying to bust it down. He informs them that he does have a gun, and that if they come through the locked door into his house, he will shoot. In the meantime he calls 911. Eventually the cops show up, and you can probably guess what happened. The cops talk to the guys outside, who falsely state that my friend (still inside his house) "started waving his gun around and threatening us with it." The police ask him to step outside his house, but he cannot even open the door because it has been damaged by the guys trying to kick it in. So the police have him exit through a window, where he is promptly arrested for "felony pointing of a firearm". The good ol' boys who tried to kick in his door kindly offer to pay the landlord for the damage, and they are free to go. :banghead:

Thankfully, some text messages were later recovered from his wife's phone, with the in-laws basically admitting that no, my friend did not wave his gun around or make threats. With this, the DA declined to pursue the charges any further. But he shouldn't have had to spend even one day in jail. In fact, the men who attempted to forcibly enter his house should have been arrested. That seems like a no-brainer to me.

I guess the question is what to do in situations like this so police realize that you are in fact the victim and not the aggressor. My friend actually was the one to call 911. I agree that this will help more often than not, but in his case it didn't.

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