I think XtremeDuty.45's post has an important point in it. I kind of mentioned it in the past and it has sort of been glossed over since, so I will mention it again more clearly.
There is a difference between legal and right. I do not have enough information to show the CHL was or was not legal when he pulled the pistol. I can see some possible justifications, but the size of the two people involved, the exact location, etc. are not given in the reports. We cannot say for sure that it was an ilelgal escalation of force, nor can we say for sure it was justified.
But the legal analysis is separate from the right or wrong analysis. We all do the right/wrong analysis and sometimes we confuse it for the legal one. Based on what was reported, I think the CHL did the wrong thing by pulling the weapon. There may be circumstances which I do not know (see above about detailed information) that could change this opinion. But, I think he was wrong for doing it at the soccer game, and for starting the whole problem by yelling at the coach to begin with.
So, my hope now, for the CHL's sake, is that the jury can keep the two analyses separate. I would also urge all of us to ensure we keep the two separate in our minds as we discuss this incident here.
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Return to “Soccer dad pulls gun on coach's husband - Lubbock”
- Thu Oct 23, 2008 11:42 am
- Forum: General Texas CHL Discussion
- Topic: Soccer dad pulls gun on coach's husband - Lubbock
- Replies: 221
- Views: 25895
- Tue Oct 21, 2008 9:45 pm
- Forum: General Texas CHL Discussion
- Topic: Soccer dad pulls gun on coach's husband - Lubbock
- Replies: 221
- Views: 25895
Re: Soccer dad pulls gun on coach - Lubbock
Keith, I hate to disagree with you, but the pushing was a use of force that was in and of itself illegal. Chapter 9 clearly states that the use of force is not justified by verbal provocation alone. So, arguing with the coach was stupid but not illegal. The husband starting to also argue was not illegal. But the husband pushing the father was the first use of force and was the first crime committed.Keith B wrote:The husband pushed Burke, but that does not justify the use of force, especially if you are still trying to argue with the individual.
I do not see it as justification for the use of deadly force, but it is force and justifies a certain amount of force back, in self-defense. Pulling the pistol and threatening it is not the use of deadly force, but is force. The justification is a fine line and a jury may feel otherwise, but may be legal.
One of the things we are doing here (besides relying on probably faulty news reports) is applying our morals and not the law. Morally, the draw was not justified from what I have read. It certainly does not show the effort to de-escalate that CHL's are taught and we like to believe in. But, it may have been legal.
So, I think the coach's husband also deserves a charge of assault. And I bet any decent lawyer could get the agg. assault charge pled down to either simple assault or disorderly conduct - fighting.
This part I cannot argue against. And he certainly has convinced me that he is a lousy parent too (arguing over the youth sports to begin with).So, in this case as the article reads, Burke is an idiot.![]()
- Mon Oct 20, 2008 11:00 pm
- Forum: General Texas CHL Discussion
- Topic: Soccer dad pulls gun on coach's husband - Lubbock
- Replies: 221
- Views: 25895
Re: Soccer dad pulls gun on coach - Lubbock
You can carry at sporting events if they are not school or professional events. If it was just an area soccer league, similar to a little league baseball game, you can legally carry at the event.