Man shot while stealing car rims...

[Justin Franklin]

http://www.chron.com/disp/story.mpl/met ... 99891.html" onclick="window.open(this.href);return false;

[Fire1141]

That's one less thief in Houston. The grand jury really needs to no bill these guys, or we could see a nasty precedent

[Kythas]

Grand Jury should no-bill him. Deadly force is legal to protect property at night.

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury

[cubbyjg]

My only question would be, was the guy shot in the act or while running away? While i feel the owner is justified in either situation and the law covers him, i just hope the grand jury agrees.

[dicion]

Need more info before making any kind of decision on whether it was a good shoot or not.

Right away, the fact that the shell casings were said to be in the road, and not, say in the homeowner's driveway, adds a little suspicion...

Did he get the rims, and try to flee with them? Or did he give up and run as soon as the homeowner came out, and the homeowner ran out into the street, shooting at his driving away car?
Two totally different scenarios, with 2 completely different legal repercussions.

Also, shouldn't this be in the new Crime Section?

[JNMAR]

From my point of view, running IS part of the act. There's a pretty easy way to avoid getting shot...don't steal other folks property.

[Purplehood]

My only question would be, was the guy shot in the act or while running away? While i feel the owner is justified in either situation and the law covers him, i just hope the grand jury agrees.

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

According to the law, he is just as justified as if shot in the act if he had the wheels with him. I guess they need to prove when the guy was shot.

[longtooth]

2 typing & posting the same topic at the same time. Other one one minute ahead. Let use that one.
LT

[Keith B]

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