Denison, TX CHL helps disarm/capture BG who stabbed gal.

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harrycallahan
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Re: Denison, TX CHL helps disarm/capture BG who stabbed gal.

#16

Post by harrycallahan »

57Coastie wrote:
AEA wrote:That was up in my area! No,......wasn't me or the guy would have been DOA!
Prosecutors and antis love statements like this, as it can be so easily argued that here we have an admission that the difference between the non-deadly termination of a threat and an unnecessary deadly shooting is demonstrated. I wouldn't want to be hauled up before a grand jury, even in Texas, if I had caused that death and (I stress) there was an issue as to the legitimacy of the shooting. My attitude if I ever fell into such a situation would clearly be shown by showing this posting to the Grand Jury.

"Shoot to kill, then sort it out later."

Reminds me of my advice earlier on the forum, that we should always assume that the whole world will read our postings. Likewise for e-mails.

Before the Zimmerman shooting I would have thought you wrong, afterwards I do concur. Statements like that are a bit cavalier and if taken out of context could look very bad. I think that man (chl) showed great restraint. I don't know I would have. Maybe he felt the threat level not sufficient due to his physical condition or the current situation. I don't know. I do know my threat assessment would have been a little different for a lot of reasons. I cannot say for sure what I would do, but I would be leaning toward use of force if for no other reason other than the already having occurred felony assault. The assailants intent is clear, his intent was to kill and I don't think any jury or prosecutor would get any traction trying to convict a chl holder for using deadly force. The silly comments in online forums, that's something that shouldn't happen.
I like to keep this handy... for close encounters.

TxCHL 5/12
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Jaguar
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Re: Denison, TX CHL helps disarm/capture BG who stabbed gal.

#17

Post by Jaguar »

57Coastie wrote:Likewise, as your signature tells me you know, Jaguar, in some, if not most, U. S. jurisdictions, bringing in a self-serving statement by the defendant can be considered a waiver of his 5th Amendment rights, making him subject to cross-examination, in which case he might be compelled (through the contempt-power of the judge) to be subject to cross, or, should he refuse to be crossed, his silence may be held against him.

As it has been well-put, "the 5th Amendment is a shield, not a sword."

Jim
You give me too much credit, sir. JAG is my initials, not my occupation. :tiphat:
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -- James Madison

57Coastie

Re: Denison, TX CHL helps disarm/capture BG who stabbed gal.

#18

Post by 57Coastie »

Jaguar wrote: You give me too much credit, sir. JAG is my initials, not my occupation. :tiphat:
Sorry, JAG, tarring you with that brush. :oops:

Jim
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