This is a good teaching/learning opportunity. TPC §9.33 allows us to come to the defense of third persons, if the facts as we reasonably believe them to be would allow us to defend ourselves, if we were in that third person's shoes. TPC §9.31(b)(4) (therefore §9.32 also) states that we forfeit the right to self-defense if we provoked the person against whom deadly force was used. The woman certainly provoked the person when she got out of her car and walked up to his, said something to the other driver, then slammed her fist on his car. This act cost her her legal authority to defend herself. When she walked away (abandoned the encounter), she may have regained that authority under TPC §9.31(b)(4)(A) & (B), but a lot of other folks get to make that determination. The legality of coming to her aid would be far from clear, since you saw the events leading up to an attack on the woman.
Chas.
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• Page 1 of 1
- by Charles L. Cotton
- Sun Aug 04, 2013 1:39 pm
- Forum: General Texas CHL Discussion
- Topic: Road Rage
- Replies: 18
- Views: 2973
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