Search found 1 match

by jester
Sat Jul 10, 2010 11:14 pm
Forum: Off-Topic
Topic: Man Gets Probation for Fatal Assault
Replies: 37
Views: 4776

Re: Man Gets Probation for Fatal Assault

The Annoyed Man wrote:Again... HERE IS THE LINK TO THE STORY. Try actually reading it.
As people who actually read that article know, it says Moore pushed Davis away from his car.

A push. It doesn't say he punched or kicked him. He pushed him. More importantly, Moore pushed Davis away from Moore's car.

He tried words first. More than once. His words didn't stop Davis from interfering with his property. Here in Texas, a reasonable man could believe pushing him away from the property was the force immediately necessary to make him stop.

The Texas Penal Code says
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
However, this happened in California, so all bets are off.

Return to “Man Gets Probation for Fatal Assault”