Latest update, the deceased's wife filed a civil suit against the shooter and his business. The judge that the civil case was assigned to has recused themselves, making them the third person to do so in this matter.
https://www.kcbd.com/2021/11/30/judge-r ... YIRSts0j7Y
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Return to “TX: Lubbock potential self defense death occurs”
- Tue Nov 30, 2021 7:03 pm
- Forum: The Crime Blotter
- Topic: TX: Lubbock potential self defense death occurs
- Replies: 64
- Views: 31752
- Fri Nov 26, 2021 9:59 am
- Forum: The Crime Blotter
- Topic: TX: Lubbock potential self defense death occurs
- Replies: 64
- Views: 31752
Re: TX: Lubbock potential self defense death occurs
We do not know what happened before the video, keep that in mind. This is not as clear cut as the Rittenhouse case for a number of reasons. The shooter left the scene, retrieved the weapon which caused the situation to escalate. The case could easily be made that the shooter could have secured the residence and called the police. This would still allow the use of deadly force had deceased attempted to break into the house.
The problem with the above is that the child's mother was still outside with the ex and his new wife(?) and still potentially in danger, especially if there is a history of domestic violence on the part of the deceased against the ex.
Another major difference between this and the Rittenhouse case is the deceased had a court order allowing him to pick up his child, a civil matter. Trying to enforce this order on his own could be seen as provocation and does not justify criminal trespass. Combined the self-help effort at enforcing a court order and criminal trespass could be seen as a threatening behavior, especially if the shooter had reason to believe the deceased was armed or otherwise a threat.
In the end I suspect this will boil down to was the shooter justified in going back inside and getting the weapon which escalated the situation. I would have handled the situation differently had I been involved with either side.
The problem with the above is that the child's mother was still outside with the ex and his new wife(?) and still potentially in danger, especially if there is a history of domestic violence on the part of the deceased against the ex.
Another major difference between this and the Rittenhouse case is the deceased had a court order allowing him to pick up his child, a civil matter. Trying to enforce this order on his own could be seen as provocation and does not justify criminal trespass. Combined the self-help effort at enforcing a court order and criminal trespass could be seen as a threatening behavior, especially if the shooter had reason to believe the deceased was armed or otherwise a threat.
In the end I suspect this will boil down to was the shooter justified in going back inside and getting the weapon which escalated the situation. I would have handled the situation differently had I been involved with either side.