Robber running away, can you shoot him

oldboyshooter · #1

My wife and I both have our CHL's. She asked me a question I am not certain I know the correct answer. You are robbed at gunpoint. The gunman takes your purse (wife's, I am not there) and starts running away. Can you legally draw your weapon and shoot the robber.He is running away and not a threat to your bodily harm any longer?

I don't think it would be wise to yell to get him to turn around so you could shoot him in the front?

I should know the answer to this, but alas, memory fails me. For some reason, I think you need to be in fear for your life in order to inflict deadly force.

frankie_the_yankee · #2

I don't know if you can, but as a practical matter I probably wouldn't if the guy's running away. As you stated, the threat is ended if he's hightailing it out of there.

RHZig · #3

Dead men can't talk.

You kill him, and then walk to the body, shoot him in the chest a few times to make it look like he was facing you.....there ya go.

Seriously, I wouldn't do it. It isn't worth getting into trouble. Be glad he didn't kill you.

lrb111 · #4

The scenario I have formulated in my mind is that if he had the drop on me and I had to give up my wallet, then I do. If he is running, then I will immediately look for cover, and draw.
That is only in preparation, for if he stops with second thoughts, or there are others. Purely defensive.

Then again, if he gives and opening, and then looks like he might turn back again.....

srothstein · #5

It is legal in Texas for a citizen who is not a peace officer to shoot a person who is fleeing from a robbery if you reasonably believe it is the only way to get the property back.

As recently as ten years ago, I would not have thought you would get a grand jury in Texas to indict you for shooting a fleeing robber. But then Earle in Austin got one for the fleeing car burglar and Hilbig got some in San Antonio I would not have believed. I no longer think our grand juries are as favorable towards self defense as before. So far, the petit jury has been favorable, but no one really wants to pay for that defense.

So, while it may be legal, I would not recommend it as a general rule.

KD5NRH · #6

srothstein wrote:As recently as ten years ago, I would not have thought you would get a grand jury in Texas to indict you for shooting a fleeing robber. But then Earle in Austin got one for the fleeing car burglar and Hilbig got some in San Antonio I would not have believed.

Okay, Austin and San Antonio I can believe, but has it ever happened in Texas?

Outside of the Alamo, nether of those cities is known for being particularly representative of Texas, even though one is supposed to be by law.

KBCraig · #7

srothstein wrote:As recently as ten years ago, I would not have thought you would get a grand jury in Texas to indict you for shooting a fleeing robber. But then Earle in Austin got one for the fleeing car burglar...

Ronnie Earle had to shop it to three different grand juries before he got an indictment. Paul Saustrup didn't shoot a "fleeing" robber, he followed a robber on foot, all the while on the phone to 911. When the thug turned towards him with a screwdriver, he took appropriate action.

In the end, Paul Saustrup was acquitted.

Kevin

AEA · #8

In Texas,.......in the NIGHT TIME (DARK).......on your own property or property under your control,......shoot away but do not pursue!

In the Daytime, it's probably not a good idea to shoot.

tx-skydiver · #9

While it is, in fact, legal to shoot the fleeing thief and completely justified and deserved, could you live with yourself by taking a life over some "stuff" that is replaceable?

HighVelocity · #10

What's in the purse? Possibly medication she needs to live? House keys and ID with home address? Just becasuse he's running away now doesn't mean you won't see him again later.

A tough call to make indeed.

RicRogue · #11

HighVelocity wrote:What's in the purse? Possibly medication she needs to live? House keys and ID with home address? Just becasuse he's running away now doesn't mean you won't see him again later.

A tough call to make indeed.

Wow, those are things I would not have even thought of. Those things could definately change my reaction.

zigzag · #12

Even if its legal, its a fuzzy area. But what if you have something valuable in there like diamonds and heirlooms of great value, of course, that will be something you decide.
In the dead of night, u are pretty covered.
But in Harris County , its a different story esp the DA here says otherwise.

OldGeezer · #13

"roll him over and shoot him in the chest"? Brilliant! Surely you jest. That's as dumb as shooting someone outside and dragging them back in the house. Do we think crime scene people and coroners are that dumb? Still too many myths about when you can and can't, especially by those who wish they could, but haven't.

The civil jury will get you if the criminal jury doesn't.

jbirds1210 · #14

OldGeezer wrote:" Do we think crime scene people and coroners are that dumb?

I do not feel that they are dumb at all.

I took the post in question in jest when read entirely, but would caution someone against making jokes that can be partially quoted. IMHO of course.

Longtooths · #15

Legally you are allowed to shoot. But can you easily convince a jury of your peers that they would have reasonably have done the same thing in your situation?