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by hi-power
Wed Jul 18, 2007 12:42 pm
Forum: General Texas CHL Discussion
Topic: Of drunks and criminal mischief
Replies: 34
Views: 4516

seamusTX wrote:
hi-power wrote:There's probably a lot more to each of those stories, (at least I hope there is), because I wouldn't feel I was justified doing either of these things.
The law on use of deadly force is perfectly clear (other than that pesky bit about a reasonable person retreating, which goes away Sept. 1). If the grand or petit jury agrees that you met the conditions, you walk.

Sitting here dumb and happy, I wouldn't use deadly force simply to protect property. But I can see becoming frustrated by repeated attacks and angry enough to do it.

- Jim
Before pbandjelly's head asplodes :grin:, his rhetorical question bears repeating:
pbandjelly wrote:regardless, the POINT I was trying to make in all this cluster bomb, is that you MAY be legally in the right, but will you be MORALLY in the right?
by hi-power
Wed Jul 18, 2007 12:14 pm
Forum: General Texas CHL Discussion
Topic: Of drunks and criminal mischief
Replies: 34
Views: 4516

Flatland2D wrote:If anyone can identify this story, please let me know. It probably happened a while ago. My CHL instructor gave it as an example of case law regarding deadly force, but didn't recommend it.

This guy kept having his truck vandalized at night (beating with bats, breaking windows, that kind of thing). After the third time or so, he decided to stake out his truck from his roof. When the BGs showed up and starting doing it again, he opened fire and killed most of them. Turned out they were all kids/teenagers. He was either no-billed or not guilty.

If no one else can back this up, please ignore. I've never been able to find this case after the instructor told us about it. In all respect to the instructor, I question this story's credibility.
I heard a version of that story from a DPS trooper when I took the instructor's class in 1995. It was during a discussion of some surprising court tests of the deadly force statutes - not that the trooper advocated it at all. I can't find anything about it on the 'net.

Also heard the one about a guy who lived in the country and had been burglarized several times. He decided to play hooky from work one night and be a sniper and was later found not guilty of murder.

There's probably a lot more to each of those stories, (at least I hope there is), because I wouldn't feel I was justified doing either of these things.

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