My mistake, this was exactly what I was looking for...surferdaddy wrote:I have no formal legal training, but as I understand it, theft is taking someone else's property while robbery is taking property FROM someone.koine2002 wrote:I've though of that provision for justified use of deadly force. The question for me is if the purse snatcher was committing robbery or theft. If the latter, it wasn't at nighttime.rvsullivan wrote:She has since turned herself in the local law enforcement, no charges filed yet.
Wouldn't this cover the situation though:
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
Surfer
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Return to “Waco/Bellmead purse snatcher”
- Mon Nov 23, 2015 1:07 pm
- Forum: General Texas CHL Discussion
- Topic: Waco/Bellmead purse snatcher
- Replies: 52
- Views: 14011
Re: Waco/Bellmead purse snatcher
- Mon Nov 23, 2015 1:03 pm
- Forum: General Texas CHL Discussion
- Topic: Waco/Bellmead purse snatcher
- Replies: 52
- Views: 14011
Re: Waco/Bellmead purse snatcher
+1... People need to watch the vid again because unless the sound in the video is off, which I don't believe it is, she fires into the air and then comes back on target. A warning shot is FOR SURE a bad shot in Texas, but am curious where imminence comes into play in this scenario. He had clearly attempted to commit a robbery, we don't know if he was armed or not, so doesn't it stand to reason that deadly force can be taken under the imminent commission of a felony/crime?... Someone who knows more will have to help, I just seem to remember MY instructor saying that action can be taken under that theory, although that might hinge on whether the criminal was armed or not.Larz_1 wrote:I just watched the video.
My observations:
1> I would not have jumped out of my vehicle with a firearm and inserted myself into the situation in the first place.
Observe and report unless he was a direct threat to me or was armed himself.
2> She didn't shoot him.
She raises her gun and fires a warning shot into the air - the perp happens to trip at the same time, making it look like he was shot.
-Dumb- I wonder where that bullet landed.
I'm familiar with that area and I-35, several businesses and residential areas are in the direction that she just sent an uncontrolled round.
3> I don't know what happened prior to the start of the video but, I don't think deadly force would have been justified based on what I saw.
I would not have taken the shot unless he tried to run at me. Then I would have stopped the threat.
4> She left the scene. Probably not a smart decision. I'd be willing to bet that if they find her, she will be facing some sort of charges - Negligent discharge, leaving the scene ..... something.
JMHO