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by seamusTX
Sun Jan 28, 2007 4:37 pm
Forum: General Texas CHL Discussion
Topic: Self defense shot hit 9 years old dead.
Replies: 14
Views: 1857

srothstein wrote:But the D.A. also has to worry about the politics of it. ... If I prosecute him anyway, do I catch hell from the regular shooting community for prosecuting a self-defense case?
They don't seem to worry about that most of the time, e.g. the Fish case.

- Jim
by seamusTX
Sun Jan 28, 2007 1:27 pm
Forum: General Texas CHL Discussion
Topic: Self defense shot hit 9 years old dead.
Replies: 14
Views: 1857

To be charged with a crime, you have to act intentionally or recklessly. I think the relevant law Texas law would be
PC § 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even
though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent
third person.
Recklessness is somewhat in the eye of the beholder.

The shooter would also be liable to civil suits, though in the case of the typical gangbanger or criminal, there would be no assets to go after.

- Jim

Return to “Self defense shot hit 9 years old dead.”