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by Soccerdad1995
Wed Apr 17, 2019 2:11 pm
Forum: The Crime Blotter
Topic: TX: You don't pull your gun because someone eggs your car.
Replies: 33
Views: 8441

Re: TX: You don't pull your gun because someone eggs your car.

Do we know for a fact that the victim of the initial assault fired his weapon? It appears that there are conflicting reports on this point. If so, then yes I believe that would be unlawful (disclaimer IANAL, and don't know for sure whether this type of assault justifies the use of deadly force), and he definitely should be charged.

As far as the chase, if we are going to say that the traffic violations committed by the perps were "minor" then any violations committed by the victim who was pursuing them would also have to be classified as "minor" as well. And as for proximate cause, the proximate cause of everything was the initial assault committed by the teens. Everything follows from that assault.

That said, me personally, once I have their license plate number and have called 911, I'm no longer pursuing the assailants. But then again, I tend to err on the side of avoiding conflict and disengaging wherever possible.

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