Oldgringo wrote:All actions have consequences; getting shot for stealing stuff is one possible consequence for such rude behavior. It's not something I'd do if someone drove off in my 4x4 Cummins Ram, but the shootee should have thought about it before he heisted the guy's truck.
...doggone it, I think we almost agreed on something, sorta
I don't recall this one. In the meantime, you do bad things, bad things will probably happen to you. I just resist the urge to do similar things and appear to have avoided getting shot.
Cheers!
Mark
___________________________
Let's see, Texas checklist: Good wife, chevy pickup, dog, big TV. Done!
CHL sent in on 08/16/09 - PIN recieved 09/15/09 - Approved status 11/09/09 - Plastic in hand 11/16/09 = 90 Days
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.
Theft during nighttime (4:45 AM is nighttime). From escaping with the property ( criminal was). And he reasonably believes, to recover the property would expose him to a substantial risk of bodily injury. (yep).
So in my opinion use of deadly force during the nighttime would be justified, as trying to stop the escape of a criminal with the property in a moving vehicle would expose him to a substantial risk of bodily injury.
I suspect the grand jury will concur. (but not if it was in Austin)
However, letting the criminal escape with the truck and collecting on the insurance, would probably cost less in the long run.
Don't commit property crimes at night in Texas.
Last edited by philip964 on Mon Jan 02, 2012 12:28 am, edited 1 time in total.
What's the recovery rate for stolen property in Texas. I bet it's nowhere near 100% especially if we consider recovery in the same condition before it was stolen. Therefore, calling 911 is far from a guarantee that your property will be recovered and doesn't impair the citizens' rights.
