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by Soccerdad1995
Mon Oct 29, 2018 9:20 am
Forum: General Texas CHL Discussion
Topic: Texan Jailed After Defensive Gun Use
Replies: 20
Views: 7085

Re: Texan Jailed After Defensive Gun Use

WildRose wrote: Mon Oct 29, 2018 12:03 am
philip964 wrote: Wed Oct 24, 2018 9:27 am Wow that is some story.

So it was the Sheriff, not the DA that arrested him and put him in jail for 55 days. It was the judge who decided on bail of $500,000 for a self defense shooting.

Someone fires 11 times at you with with semi automatic rifles and you return fire with a single shot from .22 caliber bolt action rifle and that is the only round you have with you, the one in the chamber and your charged with murder. Please.

Only negative for our sharpshooter here is he left the scene, rather than calling 911 rendering aid and waiting for the Sheriff.

Good job DA and Grand Jury.
As long as he contacted LEO's leaving the scene is completely appropriate.

Rendering aid to someone you shot opens you up to both civil and criminal liability particularly if your efforts are futile and a GJ is going to wonder if you were really so badly in fear of you life that you had no alternative to shoot is likely to send you to trial rather than swallow the liability themselves for not doing so.

I would probably render aid but I'd know what I was getting myself into in doing so.
Good points. We also need to consider the moral and ethical factors, as well. Like you, I would probably render aid. But it would depend on the totality of the circumstances.
by Soccerdad1995
Wed Oct 24, 2018 11:45 am
Forum: General Texas CHL Discussion
Topic: Texan Jailed After Defensive Gun Use
Replies: 20
Views: 7085

Re: Texan Jailed After Defensive Gun Use

KLB wrote: Wed Oct 24, 2018 11:41 am
Soccerdad1995 wrote: Wed Oct 24, 2018 9:13 am Something is definitely off here. The DA is making public statements that support this guys innocence . . .
Politics is what's off. The longstanding joke (and virtual reality) is that prosecutors can get a grand jury to indict a ham sandwich. This prosecutor didn`t want an indictment, but he wanted to hide behind the grand jury. That let's him wash his hands like Pontius Pilate.
I agree that he didn't want the indictment. His statements sound like he was the defense attorney. Maybe he wanted to go to the grand jury because he thought there might be protests (the race of the dead guy appears to be different than that of the survivor). Then when no protests materialized, he made it clear that he never thought the survivor committed a crime.
by Soccerdad1995
Wed Oct 24, 2018 11:18 am
Forum: General Texas CHL Discussion
Topic: Texan Jailed After Defensive Gun Use
Replies: 20
Views: 7085

Re: Texan Jailed After Defensive Gun Use

philip964 wrote: Wed Oct 24, 2018 9:27 am Wow that is some story.

So it was the Sheriff, not the DA that arrested him and put him in jail for 55 days. It was the judge who decided on bail of $500,000 for a self defense shooting.

Someone fires 11 times at you with with semi automatic rifles and you return fire with a single shot from .22 caliber bolt action rifle and that is the only round you have with you, the one in the chamber and your charged with murder. Please.

Only negative for our sharpshooter here is he left the scene, rather than calling 911 rendering aid and waiting for the Sheriff.

Good job DA and Grand Jury.
Maybe he read on the internet that a .22lr round is inadequate for self-defense and reasonably assumed that the guy was still a threat. And to be clear the other guy fired 27 rounds in total from 2 different weapons.

In light of the Dallas incident, and since this Sheriff apparently decided to jail this guy for 55 days, I have to ask whether he would do the same to one of his officers with similar facts (except hopefully the officer would be armed with something more than a .22 bolt action rifle)?

I'm still thinking that it's possible there is more to this story, especially since the guy came to the other man's house to get his girlfriend from folks that he "didn't want her to be around". Was he waiting patiently in his truck after texting his girl asking her to please come out, or did he kick the door open and start dragging her out of there, or is the truth somewhere in between? Absent further information here it definitely does not look good for whoever decided that this guy needed to spend 55 days in jail.
by Soccerdad1995
Wed Oct 24, 2018 9:13 am
Forum: General Texas CHL Discussion
Topic: Texan Jailed After Defensive Gun Use
Replies: 20
Views: 7085

Re: Texan Jailed After Defensive Gun Use

Something is definitely off here. The DA is making public statements that support this guys innocence, like "he must have been scared for his life", and "if he had not been crouching in his seat he would have likely been hit". Physical evidence shows 27 rounds fired by the dead guy and one round fired by the survivor of this fight. Unless the dead guys wife gave eye witness testimony that the survivor initiated the shootout, how was the survivor even charged in the first place? There must be more to this story.

Still, the survivor is better off than if he had not been armed. Spending 55 days in jail is better than being dead.

This also makes an interesting note for the caliber war discussions.

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