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by dihappy
Sat Jul 30, 2011 10:50 pm
Forum: LEO Contacts & Bloopers
Topic: Shot Fired
Replies: 82
Views: 11649

Re: Shot Fired

speedsix wrote:...first off, you and I and 97% of the others on the board know what the Castle Doctrine name means...it's commonly used by professionals across Texas ( i.e. http://www.ianinglis.com/article-texas- ... rine.shtml" onclick="window.open(this.href);return false; ) and if you weren't upset you wouldn't pull a picky snit about it... second, your comments about internet anonymity, etc..are childish...I don't know your name or face either, but when someone quotes the law chapter and verse...maybe you could see past the fact that he is an old fat grey-haired guy and actually read the law as pertains to your post...and learn from the law...without getting all upset...most of us here learn from others' posts...does the law say I'm wrong in what I claim...or not??? that's the bottom line...you have the option of ignoring the post...while we're not "internet authorities", we commonly share points in the law for the common good...and, hopefully, adjust where we're wrong...

...as to your question about the "justified shoot" question...the law doesn't specify where you have to hit them...you just have to be able to convince a Grand Jury why you took careful aim at the center of a man's back and shot him as he ran, when you didn't even see him have anything in his hand,even some of your property, much less a weapon, and he had harmed noone...don't think that'll be too easy...

...as to your nuggets of truth and reason:

9:32 (2) key words "reasonably believes"......only kicks in AFTER you satisfy (1) which says you have to be justified under 9:31

(A) to protect the actor against the other's use or attempted use of unlawful deadly force.....anyways, he used nor attempted any unlawful deadly force......

9.41: key words "reasonably believes"....read WHAT you must reasonably believe...you're not terminating a trespass or unlawful interference with the property...he's done that...he's gone...fleeing...you're not recovering property...you didn't see him take any...forget (1) and (2)...which are required elements...they don't apply either...


9.42: again, key words "reasonably believes"
9.42 (A) key words "to prevent"
9.42 (B) key words "to prevent the other who is fleeing immediately........".....again...these three don't apply because you can't satisfy 9:41, so 9:42 can't apply
...what you're doing here is picking and choosing phrases throughout the law to support your "position"...ignoring the qualifying material...and you don't qualify to claim these phrases...it's like saying 1=2 without the +1...it doesn't work...

...when using the law, you can't pick and choose and take here a little or there a little...you have to follow it through like diagramming a sentence...putting things in the right order...the ifs, thens, and ands all mean something...

...you got a pass...you got away with what you did...great...my point to you or anyone else who's willing to pick up the law and read it, is that it's not like you think it is...you got a weekly quiz...the Grand Jury's more like a final...and, had your bullet hit, or you'd taken the second "legal" shot aimed right at his back, you'd have been in a world of hurt...if you don't care enough to learn...maybe someone else here will...I've done my evil deed...I can't help it if you don't like it or me...I'm just quoting the law...not interpreting...quoting...be mad and sarcastic as you want to be...or think about it and learn...not from me...from the law you'll be judged by...I'm on your side...like it or not...no apologies or regrets from me...if ONE person gets it...it's worth it...what have I got to lose by trying???
Speedsix's argument here comes from a regular guy, imagine this coming from an experienced attorney. I too am glad you didnt pull the trigger, but am more glad the bad guy didnt actually have a gun to fire at you with.
by dihappy
Sat Jul 30, 2011 10:34 pm
Forum: LEO Contacts & Bloopers
Topic: Shot Fired
Replies: 82
Views: 11649

Re: Shot Fired

gemini wrote:
Devil's advocate: You come home, night time, front door is kicked in etc., guy runs out the back. Do you give chase? It's apparent he's the one who kicked in the door. Do you run to check your VERY valuable possessions, run upstairs to to see if any family member has been harmed etc. Time is passing, the BG is fleeing a crime scene. You won't know what's been taken or who's been harmed, yet. Do you let him run or do you give chase?
Tough question. You must draw the line somewhere. And, in doing so, be able to live with the consequences or outcome.

I know what my response would be.
I hope you wouldnt give chase, unless you value chasing a guy instead of checking on family first. And whos to know how long youd even be chasing him while a family member may be in need of CPR, an ambulance, or first aid.

Yes, i know what my response would be as well.
by dihappy
Sat Jul 30, 2011 10:11 pm
Forum: LEO Contacts & Bloopers
Topic: Shot Fired
Replies: 82
Views: 11649

Re: Shot Fired

It would have been a damned shame had your boys lost their father because you decided to chase a burglar.

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