Page 1 of 1
Johnson City Home Invasion
Posted: Wed Aug 03, 2011 8:01 am
by BiCMRC_O1
http://www.kxan.com/dpp/news/homeowner- ... -the-chest
Looks like a good shoot. My favorite line is from the JC Chief of Police, Randy Holland:
I suggest everyone take advantage of their 2nd Amendment right to possess a firearm and lawfully protect their families and property.
Re: Johnson City Home Invasion
Posted: Wed Aug 03, 2011 8:13 am
by texanron
I know criminals are everywhere so I don't why it suprises me that this happened in Johnson City.
Great quote from the Chief of Police!
Re: Johnson City Home Invasion
Posted: Wed Aug 03, 2011 12:03 pm
by thatguy
Most of my LEO friends support civilians right to 2A however most of them would recommend more training. Police officers will relate stories of the good guys having a gun but not the knowledge of how to use it, such as muzzle sweeping, finger on the trigger etc.Training builds confidence which leads to better judgement. Most negitive police comments about 2A stems from some civilians lack of training.
Re: Johnson City Home Invasion
Posted: Fri Aug 05, 2011 11:02 am
by TrueFlog
While I agree that this was a justified shooting, I see one potential problem. I believe that Texas law states that deadly force is justified when the intruder enters the residence "unlawfully and by force". I would interpret that as kicking in the door, breaking though a window, etc. In this case, however, he entered through an unlocked door. If that's the case, then he didn't enter "by force" and deadly force would not be justified against him. Hopefully, the DA is 2A-friendly and won't push the issue.
Re: Johnson City Home Invasion
Posted: Fri Aug 05, 2011 11:05 am
by Keith B
TrueFlog wrote:While I agree that this was a justified shooting, I see one potential problem. I believe that Texas law states that deadly force is justified when the intruder enters the residence "unlawfully and by force". I would interpret that as kicking in the door, breaking though a window, etc. In this case, however, he entered through an unlocked door. If that's the case, then he didn't enter "by force" and deadly force would not be justified against him. Hopefully, the DA is 2A-friendly and won't push the issue.
Actually, I interpret use of force if they had to open the door. He didn't just walk in thorough an opening in the wall as the door was standing wide open. Entering a residence that has a closed door, locked or not, is still unlawful entry and force was used to open the door.
Re: Johnson City Home Invasion
Posted: Fri Aug 05, 2011 11:25 am
by speedsix
...I agree with Keith on this one, and, besides that, if they can prove 9:32(b)(1)(C)...force is out of the equation...(A), (B), and (C) can be applied independently of each other...so if (C) is proved, (A) need not be...