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by K.Mooneyham
Tue May 10, 2022 2:53 am
Forum: The Crime Blotter
Topic: TX: Humble woman charged with murder after claiming self defense after a homeless woman aggressively approached
Replies: 27
Views: 9486

Re: TX: Humble woman charged with murder after claiming self defense after a homeless woman aggressively approached

03Lightningrocks wrote: Mon May 09, 2022 9:50 pm
The Annoyed Man wrote: Mon May 09, 2022 8:45 pm
03Lightningrocks wrote: Mon May 09, 2022 5:09 pm Self defense when called for does not require i work my way up the ladder. If it is called for there will be no doubt in my case. I don't blast people unless my life is on the line.
I get it, and I don’t mean to imply that your response to a threat must progress along a continuum before you can respond with deadly force. For me, OC spray is merely an option I have available in the toolbox if that seems appropriate. That doesn’t mean that it’s necessarily the tool I must use first before going to guns. Having options is good; but having them doesn’t mean that you have to use them if circumstances don’t dictate it.
I hear you. I don't have a problem with anyone who chooses to use OC/pepper spray. It is just not for me. I have trouble grabbing the right remote when I exit a store, I just can't imagine standing around having an internal debate with myself about whether or not OC spray will stop an attacker. Tell you what though. If I am ever with you when we are attacked, you spray them with the OC and while they are distracted, I will put a couple rounds in them. :biggrinjester:
As TAM stated, I wasn't attempting to imply anyone HAD to use OC before moving to more permanent solutions to a problem, every situation is different and people have to do what they have to do. Some states have laws governing the use of OC. I was only asking what the law here in Texas says about the use of it, and I just wanted to create a scenario that sounded serious as to why someone might want use it. That's it, all I intended.
by K.Mooneyham
Mon May 09, 2022 11:16 am
Forum: The Crime Blotter
Topic: TX: Humble woman charged with murder after claiming self defense after a homeless woman aggressively approached
Replies: 27
Views: 9486

Re: TX: Humble woman charged with murder after claiming self defense after a homeless woman aggressively approached

03Lightningrocks wrote: Mon May 09, 2022 7:01 am
Excaliber wrote: Mon May 09, 2022 6:44 am
03Lightningrocks wrote: Mon May 09, 2022 4:41 am
K.Mooneyham wrote: Mon May 09, 2022 12:12 am So, serious question, what does Texas law have to say about the use of OC/Pepper Spray? Where does it fall in the use of force spectrum? Applying it to a hypothetical real world scenario, what would the potential ramifications be of using it on an overly aggressive homeless guy who doesn't have any weapon in hand? By overly aggressive, I mean physically coming at you, trying to put hands on you? I know there could be a thousand different situations, but I'm just trying to think of a situation where it might be useful.
If the situation calls for OC/Pepper spray, it seems to me it also calls for deadly force. I have no intentions at my age of engaging in a hand to hand combat with an aggressor.

We can't attack someone just because they won't quit badgering us verbally. It seems they would have to be coming at us with a weapon or with an attempt at hands on contact. OC/Pepper spray is just affective enough to allow them to stab you or crack you over the head with a bat or stick. Maybe punch you in the face and knock you out. Sorry folks, I am no cop and if I need to use self defense, I am going with my most affective stopping power first. OC/Pepper spray is OK for the "ninja warrior" wanna be but for me I am stopping the threat as affectively as the law allows.
The "as effectively as the law allows" part is the problem.

Example: Unwanted touching is not a situation where the law generally allows deadly force (unless you've got an awfully good and imaginative lawyer and a lot of money to spend on him) but is a situation where OC can get the aggressor to back off with little risk of injury to yourself.

It has a place on the use of force spectrum and can save you a lot of unnecessary grief in unpleasant situations. That's why many LEO's carry it.
At 61 years of age, I have yet to feel the need to squirt OC spray at someone for touching me. I can't imagine a scenario where some homeless guy just walks up and touches me. And if he did, I would not shoot him or even squirt pepper spray in his face. I pass by folks all the time in stores and other situations where they might brush up against me(touch me) and again, never feel the need to attack them. The totality of the situation determines my response. "I have a boogie on my finger and am gonna wipe it on you." Would not compel me to either shoot a guy or squirt him with OC spray. I would try to back away. Boogies on finger touching really gross me out. :biggrinjester:
I obviously did a poor job of describing the scenario. I didn't mean a simple unwanted touch or brush up against, or simply panhandling. I meant coming toward you in an aggressive manner (visibly angry or otherwise extremely mentally agitated, lot of homeless folks have mental problems and/or are drunk/on drugs), hurling invectives, trying to grab you, etc. But, again, without any weapon in hand.
by K.Mooneyham
Mon May 09, 2022 12:12 am
Forum: The Crime Blotter
Topic: TX: Humble woman charged with murder after claiming self defense after a homeless woman aggressively approached
Replies: 27
Views: 9486

Re: TX: Humble woman charged with murder after claiming self defense after a homeless woman aggressively approached

So, serious question, what does Texas law have to say about the use of OC/Pepper Spray? Where does it fall in the use of force spectrum? Applying it to a hypothetical real world scenario, what would the potential ramifications be of using it on an overly aggressive homeless guy who doesn't have any weapon in hand? By overly aggressive, I mean physically coming at you, trying to put hands on you? I know there could be a thousand different situations, but I'm just trying to think of a situation where it might be useful.

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