MESQUITE
A Domino’s Pizza delivery driver shot and killed a teen robbery suspect Saturday night after an exchange of gunfire, police said Sunday.
The 16-year-old robbery suspect fled the scene, but he was found and died a short time later.
The name of the suspect from Mesquite had not been released.
The driver did not have a license to carry a concealed handgun, Parrish said.
The shooting death will be turned over to a grand jury for consideration, police said, and the driver could face a charge of unlawful carrying of a weapon.
It is ashame even in Texas you can't defend yourself unless you have a LTC. I guess you just let some kids shoot you.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
.......... (h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Keith B wrote:Even if out of the vehicle, he may have an out:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
.......... (h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
I doubt that a grand jury will rule against him, since he was defending his life. There have been too many instances, where a delivery person has been killed or injured, by just this type of scenario. I pray for the young man, because even taking a life in self defense is devastating.
Hopefully, future thugs will start to get the message, that they can't continue to commit these crimes without consequence.
Take away the Second first, and the First is gone in a second
According to the article, he was out of his vehicle, delivering the pizza, so he would have been unlawfully carrying when there was no threat.
If he gets off, it would send a message that anyone can carry w/o a license as a self-defense measure. and I believe they call that constitutional carry.
USMC, Retired
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
oohrah wrote:According to the article, he was out of his vehicle, delivering the pizza, so he would have been unlawfully carrying when there was no threat.
If he gets off, it would send a message that anyone can carry w/o a license as a self-defense measure. and I believe they call that constitutional carry.
Exactly, and that should move our Lege, to push for it. This is a perfect example of why it can be a good thing.
Take away the Second first, and the First is gone in a second
Keith B wrote:Even if out of the vehicle, he may have an out:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
.......... (h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
The portion in red above appears to be from section Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. This is an early report, but it appears that the driver was not a license holder or other "special person" and, thus, would not have a defense to prosecution. http://www.statutes.legis.state.tx.us/D ... /PE.46.pdf
Perhaps a lawyer could use section 9.22 as a defense.
Sec. 9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear. http://www.statutes.legis.state.tx.us/S ... m/PE.9.htm
O. Lee James, III Captain, US Army (Retired 2012), Honorable Order of St. Barbara
Safety Ministry Director, First Baptist Church Elgin
NRA, NRA Basic Pistol Shooting Instructor, Rangemaster Certified, GOA, TSRA, NAR L1
A single source never tells the whole story, but this does sound rather clear cut, presuming the driver was fired on first without provoking it.
Based on those assumptions, I don't think champions of oh-so-reasonable gun control would allow the driver to be charged with anything.
As I understand, if a murder is committed by any participant in a crime in Texas, all are guilty of murder.
If that driver committed murder, then the poor darlings who were robbing and plundering for no other reason than that's how the helpless babies were raised would also be guilty of murder.
Misunderstood children must be nurtured.
Case dismissed.
On a more solemn note, here's hope the driver finds peace, and the family of the deceased, healing.
treadlightly wrote:
A single source never tells the whole story, but this does sound rather clear cut, presuming the driver was fired on first without provoking it.
snip...
Really???? Exchange of gunfire was reported, but personally I'm not going to wait for the other guy to shoot first nor do I have too.
Mike
The road goes on forever and the party never ends...
Filing a UCW charge against someone after a righteous shooting was simply not done in years past. I cannot recall it ever having happened, but I may be wrong.
TPC §46.02(a)(2) may provide a safe haven for the intended victim. Which way was the intended victim walking? Will direction of travel really make a difference? (See below.) Tactics would seem to indicate a robber would wait until after the pizza was delivered when the delivery man would possibly have more money and the homeowner would not be looking out the window/door for dinner.
Chas.
TPC §46.02 wrote:Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
There is no way the there could have been an exchange in gunfire. It is against the law for a 16 year old to have a firearm.
In certain extreme situations, the law is inadequate. In order to shame its inadequacy, it is necessary to act outside the law to pursue a natural justice.
treadlightly wrote:
A single source never tells the whole story, but this does sound rather clear cut, presuming the driver was fired on first without provoking it.
snip...
Really???? Exchange of gunfire was reported, but personally I'm not going to wait for the other guy to shoot first nor do I have too.
Mike
What I took treadlightly 'said' to mean, was that as long as the driver did not instigate/start the gunfight.
"When governments fear the people, there is liberty. When the people fear the government, there is tyranny" - Thomas Jefferson
I guess you just let some kids shoot you.
