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by anygunanywhere
Mon Nov 03, 2014 11:18 am
Forum: The Crime Blotter
Topic: Possible home invasion shooting at Walden on Lake Houston
Replies: 23
Views: 4402

Re: Possible home invasion shooting at Walden on Lake Housto

OneGun wrote:
Jumping Frog wrote:
OneGun wrote:... I am confident that some plaintiffs attorney will encourage the ladies to file civil suits for millions of dollars in damages that they will never be able to spend when they are in prison.
Nope. Plaintiff Attorneys aren't going to waste time trying to collect 1/3 of ZERO.
CIVIL PRACTICE AND REMEDIES CODE

CPRC CH. 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON

CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Mr. Frog:

I am afraid that you and I had a slight misunderstanding. I never meant the Plaintiffs would prevail in the lawsuit as you have clearly shown, they cannot. Unfortunately, Plaintiff attorneys are notorious for filing frivilous lawsuits. I believe the cliche goes something to the effect of "you can beat the rap, but not the ride".

I am personally familiar with that cliche. Without going off-topic too much, I was previously sued by a former employer for "breaching" a contract that I never saw, never signed and never agreed with in principal. While I prevailed in the suit, I spent many thousands of dollars on legal bills before the judge ruled in my favor on the motion to dismiss the lawsuit. The Plaintiffs made many "settlement" offers that all involved me paying them to drop the the lawsuit. I refused. Not only did it cost me a lot in legal bills, I had a hard time securing employment for an extended period of time until the matter was resolved.

My point is that even though the homeowner is in the right, his troubles may not be over.
No attorney will take on a case where there is no payout. The Texas Castle Doctrine law is specific. It states immunity.
by anygunanywhere
Fri Oct 31, 2014 9:40 pm
Forum: The Crime Blotter
Topic: Possible home invasion shooting at Walden on Lake Houston
Replies: 23
Views: 4402

Re: Possible home invasion shooting at Walden on Lake Housto

Jim Beaux wrote:
philip964 wrote:"I saw a girl run out of the house and a guy chasing after her walking speed," said witness Brian Valera. "He was very, very angry. He yelled very threateningly at them."

Here was my concern for our shooter.

Brian's not a great witness for his neighbor.

My other concern for our shooter is probably both these woman have boy friends and fathers, who might be very upset.
Not meaning to sound flip but I think being angry about someone breaking into our home is a natural reaction. I imagine it scared everyone in the house including the hero ;-) . Based on the news report, I dont think the homeowner needs much from a witness as the facts speak loudly.

There is also a good chance the girls fathers are probably ashamed of their daughters & the boy friends? LOL the homeowner has a gun and is a proven shooter! Probably the worse we could expect from them is a lot of mouthing off. :smilelol5:
Odds are their fathers haven't got a clue what is going on and have never cared.

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