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Return to “OH CHL shoots BG's legs to enable him to repent.”
- Mon Aug 29, 2011 11:27 pm
- Forum: The Crime Blotter
- Topic: OH CHL shoots BG's legs to enable him to repent.
- Replies: 10
- Views: 977
Re: OH CHL shoots BG's legs to enable him to repent.
...no, in Texas...like all the other answers in the thread...we don't give a hoot how they do it in Ohio...but we'll take the principles and learn what we can/should/shouldn't do HERE...if someone cares what the Castle Doctrine says in Ohio...google away!!!
- Mon Aug 29, 2011 5:24 pm
- Forum: The Crime Blotter
- Topic: OH CHL shoots BG's legs to enable him to repent.
- Replies: 10
- Views: 977
Re: OH CHL shoots BG's legs to enable him to repent.
...the business was occupied when the perp robbed it...the robbery was still in progress...the incident in the alley was part of the armed robbery...and meets the criteria...
- Mon Aug 29, 2011 5:04 pm
- Forum: The Crime Blotter
- Topic: OH CHL shoots BG's legs to enable him to repent.
- Replies: 10
- Views: 977
Re: OH CHL shoots BG's legs to enable him to repent.
Wfahey wrote:I love it when a bad guy gets what he deserves.
But I have to ask, once the owner leaves the building to get his gun and then sticks around to confront the bad guy, is the law going to protect him? In this case the bad guy fired at him so it could be pretty much case closed as defending one's self. Does the Castle Doctrine apply to a business owner?
...it's not looked at only as self-defense, he's stopping an armed robbery...deadly force is allowed...PC9.31(a) (esp. last sentence) and (1) (C) qualify him under 9.32...reading the two together, he's within the law to wait, confront, and shoot the guy...even before the guy opened up on him...
...as for the civil liability...
Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A [It
is an affirmative defense to a civil action for damages for personal injury or death that the] defendant who uses force or[, at the time
the cause of action arose, was justified in using] deadly force that is justified under Chapter 9 [Section 9.32], Penal Code, is immune
from civil liability for personal injury or death that results from the defendant's [against a person who at the time of the] use of
force or deadly force, as applicable [was committing an offense of unlawful entry in the habitation of the defendant].
...the words in brackets were stricken from the enrolled version and are not part of the law...it doesn't matter where you use the deadly force(in Texas), if you're authorized under PC 9.32, you're immune from civil liability...they may refer the case to a grand jury to determine the justification under 9.32...then the immunity above kicks in...