MikeInTx, that is not what is being discussed and if it was moral or if he shoulda, woulda, coulda thread discussion. It was if it was justifiable under the law. Fortunately, feelings don't come in to play in the written law. And, like other's have said insurance or not is not part of the equation. There have been too many property protection BG killings to show otherwise.
Now, on to your subject. I tend to agree that I would have not been firing at the person that was driving off. But, not because I would have felt bad. I would have been more worried about innocent by-standards that I would be going to court for. I thankfully have not been in this situation yet, but I do hope that when the time comes, I make the right one, whatever that is.
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Return to “Jan 15 - San Antonio Homeowner Shoots 2 Burglars”
- Tue Jan 15, 2013 10:07 pm
- Forum: The Crime Blotter
- Topic: Jan 15 - San Antonio Homeowner Shoots 2 Burglars
- Replies: 15
- Views: 2658
- Tue Jan 15, 2013 12:29 pm
- Forum: The Crime Blotter
- Topic: Jan 15 - San Antonio Homeowner Shoots 2 Burglars
- Replies: 15
- Views: 2658
Re: Jan 15 - San Antonio Homeowner Shoots 2 Burglars
68blackbird wrote:I know we are not aware of all the details, but from what I learned in my CHL class, shooting the BG as he was trying to get away may put the victim in a potential hard spot "Pemberton then fired at the second man twice as he tried to get away in a Dodge Neon. The man, 37, drove a short distance before he crashed into a parked vehicle." Maybe because this happened at night it was justified? Kel
IMO, he was justified.... IANAL but here you go, in the second paragraph:
Deadly Force to Protect Property
"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."
"A person is justified in using deadly force against another to prevent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"