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Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 7:26 am
by longhorn86
Not sure how this is going to play out. May not be good for CHL'er....
http://www.mysanantonio.com/news/local_ ... 173543.php" onclick="window.open(this.href);return false;
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 7:33 am
by Purplehood
The victim was said to have a concealed handgun license.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 7:46 am
by longhorn86
Purplehood wrote:The victim was said to have a concealed handgun license.
Here's another story, I think the first article was attempting to identify the samaritan as the victim, but wasn't exactly clear.
http://www.ksat.com/news/29200549/detail.html" onclick="window.open(this.href);return false;
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 7:48 am
by Purplehood
Wow, that first article really is a world apart from the second.
This is another demonstration of why being a Good Samaritan can be such a bad-idea. And that is really sad.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 8:10 am
by jimlongley
A real good example of how just a few words can completely change the perception of an incident.
And as such a good example of how the media can manipulate viewpoint.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 8:33 am
by Scott in Houston
The way I interpreted it...
CHL'r pulled over to help a couple on side of road. The couple were likely not functional and the husband potentially abusive.
The CHL'r, if he's the type to pull over to help, is also the type who would stick up for a woman being treated poorly.
Husband's ego is enraged when he's called on his behavior and attacks CHL'r. The CHL'r uses his weapon in defense.
Based on my interpretation strictly from this article (so of course I don't know all the facts), the CHL'r should be ok legally.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 8:53 am
by RoyGBiv
The editor at MySA needs to re-take "Writing 101".
However, that original article was correct, just not well written.
Investigators believe the older man was assaulted before he fired his gun, likely in self defense,
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 9:01 am
by Pawpaw
Kudos to KSAT for reporting the who, what, when, where, and why without editorial bias.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 9:04 am
by longhorn86
Scott in Houston wrote:The way I interpreted it...
CHL'r pulled over to help a couple on side of road. The couple were likely not functional and the husband potentially abusive.
The CHL'r, if he's the type to pull over to help, is also the type who would stick up for a woman being treated poorly.
Husband's ego is enraged when he's called on his behavior and attacks CHL'r. The CHL'r uses his weapon in defense.
Based on my interpretation strictly from this article (so of course I don't know all the facts), the CHL'r should be ok legally.
That's pretty much the way I interpreted as well, my concern is that it is possible that a question could be raised that the CHL'er could have "provoked" the other guy into attacking him. Just not sure that this will be cut & dried. It is definitely sad that people cannot offer assistance to others without facing possible consequences.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 1:27 pm
by sugar land dave
If the basis for the husband's assault on the good Samaritan was the good Samaritan's demand that the husband stop breaking the law by assaulting the wife, then I think the good Samaritan should be legally ok. I don't think that asking someone to stop breaking the law can be considered a provocation from a legal standpoint.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 1:37 pm
by schufflerbot
sugar land dave wrote:If the basis for the husband's assault on the good Samaritan was the good Samaritan's demand that the husband stop breaking the law by assaulting the wife, then I think the good Samaritan should be legally ok. I don't think that asking someone to stop breaking the law can be considered a provocation from a legal standpoint.
depends on how you ask them.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 2:06 pm
by v-rog
Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified in using force or deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 2:40 pm
by VMI77
sugar land dave wrote:If the basis for the husband's assault on the good Samaritan was the good Samaritan's demand that the husband stop breaking the law by assaulting the wife, then I think the good Samaritan should be legally ok. I don't think that asking someone to stop breaking the law can be considered a provocation from a legal standpoint.
He may have a big problem if the wife covers for the husband, which I don't think is all that unusual in cases where a stranger intervenes with a couple with an abusive husband.
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 2:46 pm
by OldCurlyWolf
Whether or not the Sheriff's office brings charges to the DA, the "Good Samaritan" needs to go to the DA and personally press charges on the man who attacked him. Assault and attempted robbery (the gas).
Re: Good Samaritan shot man he tried to help
Posted: Fri Sep 16, 2011 2:51 pm
by puma guy
In the video the vehicle in the foreground has what appears to be a disabled vet license plate and I noticed a black and gold star in the lower left windshield. I wonder which vehicle belongs to the CHL'r?