I agree that necessity can be a legal defense, but not in this case. With the information that I now have, I can't reasonably believe that his conduct was immediately necessary to avoid imminent harm.Jumping Frog wrote:I agree that it is important to maintain the distinction between whether his conduct was legal versus whether his conduct acceptable.WildBill wrote:I think that people are getting too wrapped up about whether it is right or legal to shoot at the escaping robber.
There is definitely more than one issue. In addition to whether his acts were legally reckless (which has a higher standard of culpability than negligence), if he has competent defense they will also raise the issue of whether his alleged deadly conduct was justified under PC §9.22. NECESSITY.WildBill wrote:The CHLer was charged with Deadly Conduct.IANAL, but it seems to me that the only issue is whether his conduct was reckless when he fired his gun.Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
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Search found 9 matches
- Sun Feb 16, 2014 7:23 pm
- Forum: The Crime Blotter
- Topic: CHLer Arrested
- Replies: 98
- Views: 9797
Re: CHLer Arrested
- Sun Feb 16, 2014 4:36 pm
- Forum: The Crime Blotter
- Topic: CHLer Arrested
- Replies: 98
- Views: 9797
Re: CHLer Arrested
Good point. Any one can ask for charges to be filed, but the ultimate decision is made by the DA. Does Walmart have anymore influence than a random residential neighbor?philip964 wrote:No neighbor asked for charges to be made but, the neighbors were not amused as they assumed that the bullets went somewhere and could have hit a child or a jogger in the neighborhood.
Is the difference here that Walmart was even less amused, since it was their property and the two people were really not their customers? Could they have asked for charges to be brought against the victim in this case?
- Sun Feb 16, 2014 1:07 pm
- Forum: The Crime Blotter
- Topic: CHLer Arrested
- Replies: 98
- Views: 9797
Re: CHLer Arrested
One barking dog thread at a time please!03Lightningrocks wrote:Now watch the guilty dogs bark first.
- Sat Feb 15, 2014 1:55 pm
- Forum: The Crime Blotter
- Topic: CHLer Arrested
- Replies: 98
- Views: 9797
Re: CHLer Arrested
"We shall see what we shall see." - The Maha Aha03Lightningrocks wrote:Then again... Maybe not.
- Sat Feb 15, 2014 11:31 am
- Forum: The Crime Blotter
- Topic: CHLer Arrested
- Replies: 98
- Views: 9797
Re: CHLer Arrested
I think that people are getting too wrapped up about whether it is right or legal to shoot at the escaping robber.
The CHLer was charged with Deadly Conduct.
The CHLer was charged with Deadly Conduct.
IANAL, but it seems to me that the only issue is whether his conduct was reckless when he fired his gun.Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.
(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.
- Fri Feb 14, 2014 8:06 pm
- Forum: The Crime Blotter
- Topic: CHLer Arrested
- Replies: 98
- Views: 9797
Re: CHLer Arrested
In this case, is reckless behavior the same as negligence?
- Thu Feb 13, 2014 8:09 pm
- Forum: The Crime Blotter
- Topic: CHLer Arrested
- Replies: 98
- Views: 9797
Re: CHLer Arrested
Other than buying from Craigslist, there are lessons to be learned from this incident.
I can understand that the man was probably angry about getting punched in the face and having his phone stolen.
Chasing the guy into the parking lot and firing shots was probably not the best.
- Thu Feb 13, 2014 7:55 pm
- Forum: The Crime Blotter
- Topic: CHLer Arrested
- Replies: 98
- Views: 9797
Re: CHLer Arrested
I've only tried it twice, both were unfavorable. Not dangerous, but didn't like the final results.Seventhsword wrote:I've been buying and selling guitar gear on cl for years, never have a problem...
- Thu Feb 13, 2014 7:54 pm
- Forum: The Crime Blotter
- Topic: CHLer Arrested
- Replies: 98
- Views: 9797
Re: CHLer Arrested
This is why you don't meet a Craiglister in a WalMart parking lot.jmra wrote:Great minds think alike.The Annoyed Man wrote:One more reason to avoid buying off of Craigslist.