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by Pinkycatcher
Fri Aug 01, 2008 9:22 pm
Forum: Off-Topic
Topic: Kingsland man shoots burglars of neighbor's house
Replies: 50
Views: 4865

Re: Kingsland man shoots burglars of neighbor's house

casingpoint wrote:I stand corrected. But I am having some trouble with this shooting in the back thing. Cowards shoot people in the back. Persons apprised of the law know when to pull the trigger on a frontal shot. Like cops. When the perps are running away, it time to pursue, not shoot. Certainly human life has some value left in Texas. I can understand the property owner shooting in the back to protect his property rights. But a third party has no vested interest in the property, and suffers no personal loss if the property is stolen. That is hardly a mandate for shooting people in the back. The law in Texas on this matter is a bit of a stretch. I wouldn't count on going to the bank on it. Except maybe to borrow money to pay a lawyer to settle a civil claim from the survivors of the deceased.

Well, there could be extra circumstances, such as: Was he reaching for what possibly could be a gun? Was he attacking somebody else? Was he going into a place where another 3rd party is, such as a kid's bedroom, or toward a sensitive area? Was he getting behind cover to better engage you? Are there multiple assailants? Etc.

It's not cut and dry, if someone is just running down the middle of the street after you caught them robbing you, it's probably best not to shoot, but if they're running into your garage where there's a door that leads into the house, it's probably best to shoot.
by Pinkycatcher
Fri Aug 01, 2008 4:07 pm
Forum: Off-Topic
Topic: Kingsland man shoots burglars of neighbor's house
Replies: 50
Views: 4865

Re: Kingsland man shoots burglars of neighbor's house

casingpoint wrote:Unless the shooter was charged by the neighbor with protecting the neighbor's possessions, the shooter has no safe harbor under law. This is not to say the suspects didn't need to be shot. They did, and the shooter acted accordingly. But that is not going to add up to justifiable anything.However, the local District Attorney, ever mindful of election day, may call the shoot justified. And The People may say justice was done. And that's just the way it will go down, just like the Joe Horn case.
Yes they do, they do not have to be given permission, if I can find the section, I know someone has it around here, I should just copy it to a word document or something. But if they are committing criminal mischief at night, or theft at night it's in the code that you can shoot.

*edit*
§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.
Notice the bold, both (1) & (2) do not have to be met, it is one or the other. The italic portion would be the applicable section to this case.
by Pinkycatcher
Fri Aug 01, 2008 12:38 am
Forum: Off-Topic
Topic: Kingsland man shoots burglars of neighbor's house
Replies: 50
Views: 4865

Re: Kingsland man shoots burglars of neighbor's house

boomerang wrote:
Pinkycatcher wrote:Criminal mischief at night, probably an outdated law which will be repealed soon if this hits the media, but enough to get a decent defense.
Well then we should shoot as many criminals as possible before the legislature is back in session.

Maybe if we make crime dangerous for the criminals we can convince them to relocate to NY or DC or LA or Mexico or Canada.

:iagree: :iagree: :iagree: (if you wern't sarcastic) :lol::
by Pinkycatcher
Thu Jul 31, 2008 10:21 pm
Forum: Off-Topic
Topic: Kingsland man shoots burglars of neighbor's house
Replies: 50
Views: 4865

Re: Kingsland man shoots burglars of neighbor's house

SCone wrote:Agree, very little info to justify the shooting at this time.
Criminal mischief at night, probably an outdated law which will be repealed soon if this hits the media, but enough to get a decent defense.

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