Texan Jailed After Defensive Gun Use

[WildRose]

Wow that is some story.

So it was the Sheriff, not the DA that arrested him and put him in jail for 55 days. It was the judge who decided on bail of $500,000 for a self defense shooting.

Someone fires 11 times at you with with semi automatic rifles and you return fire with a single shot from .22 caliber bolt action rifle and that is the only round you have with you, the one in the chamber and your charged with murder. Please.

Only negative for our sharpshooter here is he left the scene, rather than calling 911 rendering aid and waiting for the Sheriff.

Good job DA and Grand Jury.

As long as he contacted LEO's leaving the scene is completely appropriate.

Rendering aid to someone you shot opens you up to both civil and criminal liability particularly if your efforts are futile and a GJ is going to wonder if you were really so badly in fear of you life that you had no alternative to shoot is likely to send you to trial rather than swallow the liability themselves for not doing so.

I would probably render aid but I'd know what I was getting myself into in doing so.

[philip964]

To answer Wildroses question why a grand jury?

To me the area is mixed white and Hispanic, but the DA is white and the shooter is white. The dead man is Hispanic.

This keeps it all above board and maybe doesn’t upset half his constituents.

A DA can get a grand jury to indict a ham sandwich, but they can also get them to not indict someone just as easy.
His comments afterwards pretty much tell it all.

[OldCurlyWolf]

To answer Wildroses question why a grand jury?

To me the area is mixed white and Hispanic, but the DA is white and the shooter is white. The dead man is Hispanic.

This keeps it all above board and maybe doesn’t upset half his constituents.

A DA can get a grand jury to indict a ham sandwich, but they can also get them to not indict someone just as easy.
His comments afterwards pretty much tell it all.

Black letter law in Texas.

It HAS to go to the grand jury.

[Soccerdad1995]

Wow that is some story.

So it was the Sheriff, not the DA that arrested him and put him in jail for 55 days. It was the judge who decided on bail of $500,000 for a self defense shooting.

Someone fires 11 times at you with with semi automatic rifles and you return fire with a single shot from .22 caliber bolt action rifle and that is the only round you have with you, the one in the chamber and your charged with murder. Please.

Only negative for our sharpshooter here is he left the scene, rather than calling 911 rendering aid and waiting for the Sheriff.

Good job DA and Grand Jury.

As long as he contacted LEO's leaving the scene is completely appropriate.

Rendering aid to someone you shot opens you up to both civil and criminal liability particularly if your efforts are futile and a GJ is going to wonder if you were really so badly in fear of you life that you had no alternative to shoot is likely to send you to trial rather than swallow the liability themselves for not doing so.

I would probably render aid but I'd know what I was getting myself into in doing so.

Good points. We also need to consider the moral and ethical factors, as well. Like you, I would probably render aid. But it would depend on the totality of the circumstances.

[Ruark]

Yes, there are some communities and cities that are anti-gun, where a biased DA will automatically charge you and lock you up, even if it's glass-clear self defense. This incident is one of the best commercials I've ever seen for having a legal service membership. Note the size of the bail ($500K), by the way. Poor guy.

[bowserb]

One thing this points out is that you can be arrested even when you are in the right. I have the prepaid legal that many others do, and I've had it since 2011. A few years ago when they added optional bail bond and expert witness coverage, I jumped on it. I have all the available coverages except for minor (none in our household) and hunter coverage. Same for my wife. I sincerely hope that I can look back and say, "Boy I sure spent a lot of money for legal I didn't use over the last 20 years!"

If I do need it, though, then like my standby natural gas generator, I am happy I spent the money!