TX: Houston man robbed at ATM fires at fleeing robber, critically wounds 9 yo child passing by in car, arrested.

[philip964]

https://www.click2houston.com/news/loca ... uston-hpd/

Went home and called 911. He was unaware his bullet had critally wounded a little girl in a passing car. In the nighttime.

[Paladin]

Prayers for the little girl and her family.

Armed robbers are the worst sort. I hope they catch the robber before he strikes again, and I hope the robbery victim gets some marksmanship lessons.

[jerry_r60]

Sounds like an aggravated assault case (assuming the little girl survives) and probably a hefty civil suit.

Unfortunately it feeds the anti-gun folks as well.

I hope this little girl has no long term consequence.

[wheelgun1958]

What's behind your target. Become the bullet.

[K.Mooneyham]

The man who pulled the trigger is responsible for his actions and for what he did to that little girl.

That said, this mess came about because of the lawlessness brought upon the City of Houston by the local Democrat Party running that city. I'm sure the Mayor, the Chief of Police, the city prosecutor, and the city council are all very proud of the "work" they've done. They certainly don't seem to care about anyone getting hurt by criminals.

[OneGun]

From the news story:

then at a pickup truck he thought the robbery suspect had gotten into. The vehicle’s occupants, a family of five, were not involved in the robbery, HPD said. Investigators said a 9-year-old girl sitting in the rear passenger seat of the truck was struck in the head during the shooting.

The robbery victim is charged with aggravated assault. His instantaneous decision to fire has dire consequences.

When I took my LTC/CHL class many moons ago, the instructor advised two things that I keep in mind always. (1) you are responsible for every bullet from the time it leaves the gun to the time it comes to rest. (2) Once the bad guy starts running away, don't shoot because you are no longer in immediate danger. His advice was predicated on you don't want to hit a bystander. I keep that in my mind anytime I think I might have a situation.

[philip964]

https://www.click2houston.com/news/loca ... uston-hpd/

Update.

He fired at a passing pick up truck that he thought the robber had gotten into.

But it was just a passing pick up truck with a family in it.

There are serious consequences of being stupid, pumped with adrenaline and a gun in your hand.

He will be charged.

https://www.click2houston.com/news/loca ... olice-say/

Little girl is on life support. Shooter identified.

[philip964]

The little girl has died.

RIP, my prayers for her family.

[rtschl]

Just horrible for the family of the little girl.

Robbery victim and his wife were not in danger anymore. It's unbelievable that not only did he "began shooting" at the guy after he fled, but he then shot at the pickup with the little girl who had nothing to do with it. I wonder how many total rounds did he shoot? This makes me so angry. This seems an obvious an upgrade to manslaughter.

But I am curious, if they catch the robber, can he be charged with capital murder? Or at least murder? Don't DA's charge assailants with murder when someone, even another bad guy that dies while committing another crime, with murder even though that person did not actually shoot?

[philip964]

Just horrible for the family of the little girl.

Robbery victim and his wife were not in danger anymore. It's unbelievable that not only did he "began shooting" at the guy after he fled, but he then shot at the pickup with the little girl who had nothing to do with it. I wonder how many total rounds did he shoot? This makes me so angry. This seems an obvious an upgrade to manslaughter.

But I am curious, if they catch the robber, can he be charged with capital murder? Or at least murder? Don't DA's charge assailants with murder when someone, even another bad guy that dies while committing another crime, with murder even though that person did not actually shoot?

Yes.

[Ruark]

Right... you should not shoot at an assailant running away, BUT.... the law says you can use deadly force to stop an armed robbery, and to prevent "theft in the nightime" "when the property can not be recovered by any other means." I'm not sure that this precludes shooting at an armed robber running off with your property... thoughts?

[Paladin]

Right... you should not shoot at an assailant running away, BUT.... the law says you can use deadly force to stop an armed robbery, and to prevent "theft in the nightime" "when the property can not be recovered by any other means." I'm not sure that this precludes shooting at an armed robber running off with your property... thoughts?

Robbery isn't complete until the robber gets away with the property and an robber armed with a firearm is still dangerous at a distance.

That said, from what we know it sounds foolish to discharge your weapon in a busy public area without proper marksmanship skills.

[Paladin]

The suspect who robbed Earls is still on the run. The robbery happened at the same Chase Bank where a 49-year-old woman was shot and killed in October 2021. Attorney Rick Ramos, who also handled that same shooting, is now representing Arlene’s family.

“If you look at the callouts from the Houston Police Department you will see the crime activity is overwhelming in the last 24 months at the same Chase bank building premises,” said Attorney Ramos said in a press release. “At least two robberies had been reported before Mary Jane was killed in October, one of them took place on August 2, subsequently another one around September 23, 2021 and then in October, Mary Jane Gonzalez was actually killed on the premises.”

Sounds like a dangerous area

[jerry_r60]

Right... you should not shoot at an assailant running away, BUT.... the law says you can use deadly force to stop an armed robbery, and to prevent "theft in the nightime" "when the property can not be recovered by any other means." I'm not sure that this precludes shooting at an armed robber running off with your property... thoughts?

Robbery isn't complete until the robber gets away with the property and an robber armed with a firearm is still dangerous at a distance.

That said, from what we know it sounds foolish to discharge your weapon in a busy public area without proper marksmanship skills.

I think with this starting as an aggravated robbery, the combination of 9.41 and 9.42, even the guy running away (9.42 B) doesn't seem to be a problem for a defense although I don't think it's worth all the baggage that comes with it for some money out of an ATM. Of course none of this is going to be a defense against manslaughter of the girl.

9.42.....
(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.

[AF-Odin]

Has there been any information released on whether or not Mr. Earls had an LTC?

I always tell my students that once the event is over, unless the perpetrator has physically harmed you or someone about whom you care that I highly recommend not shooting at a fleeing suspect who has only stolen money or property because of the potential for a round to miss and hit an unintended person.