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David, I am asking which police agency the officer that said you should have shot the mope is with, if you want to reveal that.

This does not sound like Houston PD, from what I have heard about them.

- Jim

David,

Can you say which force this was?

I can assure you that many police chiefs and sheriffs do not approve of citizens defending themselves, and probably broadcast that attitude down the ranks. Many CHL holders have reported here being disarmed during traffic stops. How do you think one of those cops would have responded to this situation?

- Jim

hi-power wrote:What about the "big screwdriver" that the BG had in his hand? Wouldn't that be considered a deadly weapon and therefore the OP would be fully justified in pulling his handgun?

A screwdriver can be a deadly weapon, but it's a judgment call (unlike a knife or gun, which is always a deadly weapon).

I'm not faulting anything the OP did. I'm just trying to point out some of the ways that these situations can go against the honest citizen.

- Jim

HGWC wrote:I can't see where drawing a gun on a man in your car, burglary in progress, wouldn't be a justified use of force.

I can't, either; but some DAs and police chiefs do not favor citizens protecting themselves or their property. They could use the letter of the law to make life difficult for the honest citizen.

Plenty of real-life examples of people being arrested without breaking the law at all have been posted in this forum.

- Jim

There is something to be said for a carry method that allows you to draw without exposing your piece to God and everyone. It's not ideal, but it's better than dying with a full magazine.

BTW, the last time I seriously though I was going to be mugged, walking alone on a deserted street after dark, I stepped into the street and put my hand inside my jacket. The two gentlemen who had been trying to catch up to me while whispering made a hard right turn and went on their way.

Ya know, I do a lot of justifying why things are the way they are; but it annoys me that low-lifes can do anything from pull on your clothing to spit or throw bodily fluids on you, and all you can do is retreat and call 911. That's why situational awareness, non-violent conflict resolution, and avoidance are so important.

- Jim

There is a problem with drawing when you do not have justification for shooting. I know of four people who were arrested for it. One was convicted under PC 46.035(a) - intentional failure to conceal.

However, all these cases were in situations where force was not justified, let alone deadly force; and two of them sounded like escalation from what I heard (second-hand reports).

When you are in the presence of multiple thieves who are brazenly breaking into a vehicle in broad daylight, you probably are a lot closer to justification in this gray area.

Besides, no one complained. People being what they are, it's possible that no one except the three individuals involved knew what was happening.

- Jim

dewayneward wrote:I just cant imagine ANYONE not soiling themselves when looking down the barrel of a gun ...

Some people can do it without flinching or hesitating. You can find countless stories of people who charged cops, sometimes multiple cops, when any rational person would have known he would be shot.

I can't get inside their heads, either; but there are plenty of them out there.

There are also thieves who literally think they own what they're stealing, and they will kill to keep it.

- Jim

IMHO, the police officer was irresponsible to say that you should have shot. Many people have been prosecuted for shooting at someone who was not an immediate threat to life or health.

The police officer's opinion ultimately would not matter. It would be the district attorney, possibly feeling pressure from public outrage over your "vigilante shooting of a misguided youth from a broken home," and a grand jury of wild cards.

If you were in Harris County, the DA there is, shall we say, not the greatest supporter of the right to keep and bear arms.

Harold fish is one prominent example of how wrong things can go.

The honest citizen really can't win in these situations. Even if you were completely justified in blowing the crook to kingdom come, you have to wait months for a grand jury decision and probably have your vehicle impounded for the same length of time.

- Jim

Day time.

Stealing from an unoccupied vehicle (or stealing the whole vehicle) is theft. The legislature has decided that preventing theft in the day time is not a justification for the use of deadly force, so no

Most thieves dislike commotion and the news that 911 has been called. As in your case, they flee.

It must have been a tough judgment call with the adrenaline pumping. I'm glad it turned out more or less OK.

Was your vehicle damaged?

- Jim

What time was it?

- Jim