Search found 6 matches

by Jaguar
Wed Oct 30, 2013 3:46 pm
Forum: The Crime Blotter
Topic: Teen shot while TP principal's hous
Replies: 54
Views: 6381

Re: Teen shot while TP principal's hous

Cedar Park Dad wrote:One is at best a misdemeanor. Breaking into someone's house is a felony. Its most definitely NOT the same situation.
I imagine this guy will be sued out of existence shortly, in addition to criminal charges, and rightly so.

Note I am not advocating anything - ok I am advocating not taking a shotgun out after people TPing the neighbor's house. I merely proferred the scenario as a what if because I like to proffer differing scenarios.

Another scenario, and more likely. CP Dad is walking Team Wiener Dog, when spots tweens TPing a house. CP Dad, while attempting to corral the young wiener dog from freaking out because he's a little girly dog, sees Shotgun Bob come out of his house with a shotgun and pop two rounds at the tweens. CP Dad - fully believing Shotgun Bob is attempting to kill or grievously harm the tweens based on the fact he is attempting to shoot them - draws his own weapon and orders Shotgun Bob to put the shotgun down precedent to police getting there. Is CP Dad legally ok or does he need to sic the wiener dogs on the situation to landmine the area until he can make good his escape?*

*CP Dad is also not advocating the use of wiener dog biowarfare in this post, except in the case of badger infestation.
Maybe it's just Shotgun Joe Biden, shooting off a couple blasts to scare away the bad guys.

We can "what if" this to death. While the two examples I gave are not the same, I still have little sympathy for folks caught in the act of criminality, be it misdemeanoring or felonious. In this case Shotgun Joe is in the wrong, the kids were in the wrong but less so, and no one will “win”.

However, I would suggest CP Dad do everything within his power to NOT engage someone with a shotgun using a pistol. Have you seen what 00 Buck can do? Send in the hounds instead.

Also, you owe me a keyboard after the wiener dog biowarfare comment. :cheers2:
by Jaguar
Wed Oct 30, 2013 2:56 pm
Forum: The Crime Blotter
Topic: Teen shot while TP principal's hous
Replies: 54
Views: 6381

Re: Teen shot while TP principal's hous

Cedar Park Dad wrote:
bayouhazard wrote:
Cedar Park Dad wrote:Interesting situation where farmer Bob scomes out with his shotgun full or rocksalt and then gets blasted by TPing teenager with a pistol using a SD argument.
Self defense would be a tough sell to a Texas jury if the teen was illegally carrying a handgun while committing a crime.

If the trespasser/vandal was armed, it would be tough to convince me as a juror that he didn't go there with the intent to harm the property owner and their family. Some people might call me prejudced but the presumption is based on real life experience.
By TPing the house? Meantime you've threatened/tried to shoot them with a shotgun which definitely qualifies for SD.
Claiming self defense when you are trespassing and committing criminal mischief during the night time would be difficult. Plus these are teenagers, they are not typically allowed to carry weapons.

I don't believe you can shoot someone when you break into their house and they threaten to shoot you, same situation would apply here, ianal, imo, iiwotj (if I were on the jury).
by Jaguar
Wed Oct 30, 2013 11:41 am
Forum: The Crime Blotter
Topic: Teen shot while TP principal's hous
Replies: 54
Views: 6381

Re: Teen shot while TP principal's hous

Cedar Park Dad wrote:Two shoots, at least one teen is hit and recovering. There is no mention of this being rock salt.
I was curious what the load was myself. While I wouldn't want to be shot with any load, I'd rather it be #8 birdshot than 00 buck if I were.
by Jaguar
Wed Oct 30, 2013 10:40 am
Forum: The Crime Blotter
Topic: Teen shot while TP principal's hous
Replies: 54
Views: 6381

Re: Teen shot while TP principal's hous

george wrote:I have been shot at by a farmer with a shotgun when I was sneaking in to fish his stock tank. He was several hundred yards away, and we both knew this was not "lethal force".

It used to be common to keep the little rascals out of your watermelon patch by peppering them with rock salt. That wasn't "lethal force" either, in my opinion.

Just because the neighbor had a shotgun, and shot it doesn't mean he was trying to hurt someone.
My crazy liberal sister once used her shotgun to chase off a guy sitting in his truck in front of her house honking his horn in her Lubbock neighborhood. First she walked outside and yelled at the guy. He looked at her and stopped honking but as soon as she got back inside it started up again. So she grabbed her pistol gripped 12 gauge, walked outside and yelled at the guy, he looked at her and she racked the slide and fired off a shell in early evening air, shooting visible fire a foot long out of the barrel. The guy ate dashboard diving for the floor of his truck. She walked back inside, sat the shotgun by the door and waited for the cops. The guy in the truck started it up and drove away without even revving his engine. Apparently everyone within hearing distance didn’t mind the shotgun blast, the cops never did show up.
by Jaguar
Wed Oct 30, 2013 10:13 am
Forum: The Crime Blotter
Topic: Teen shot while TP principal's hous
Replies: 54
Views: 6381

Re: Teen shot while TP principal's hous

Keith B wrote:
Jaguar wrote:
An Estill Springs man is out on $125,00 bond after police say he fired a shotgun at teens who were toilet papering their principal's yard.
The guy that did the shooting wasn't even the toilet papering teen's target, he lived "a couple of houses over." Does this qualify as "criminal mischief during the night time"? Yes, this is Tennessee and not Texas, but just wondering out loud.

http://www.breitbart.com/InstaBlog/2013 ... al-s-House" onclick="window.open(this.href);return false;
Yes it would. However, TPC 9.42 says
3) he reasonably believes that:(A) the land or property cannot be protected or recovered by any other means;
This is the 'gotcha' on deadly force for criminal mischief. I think if you walked into the yard and yelled at them they would take off. You would have a really tough time convincing a grand jury that there was no other way to stop the TP'ing teens than by shooting them.
Got to agree with you, good explanation. Thanks Keith.
by Jaguar
Wed Oct 30, 2013 10:03 am
Forum: The Crime Blotter
Topic: Teen shot while TP principal's hous
Replies: 54
Views: 6381

Teen shot while TP principal's hous

An Estill Springs man is out on $125,00 bond after police say he fired a shotgun at teens who were toilet papering their principal's yard.
The guy that did the shooting wasn't even the toilet papering teen's target, he lived "a couple of houses over." Does this qualify as "criminal mischief during the night time"? Yes, this is Tennessee and not Texas, but just wondering out loud.

http://www.breitbart.com/InstaBlog/2013 ... al-s-House" onclick="window.open(this.href);return false;

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