Posted on 04/05/2022 12:09:13 PM PDT by Red Badger
The looming doofus syndrome. Huge guy gets away with using his size and aggressive persona to bully others. And then he got his lamp blowed out.
Next case...
Would agree except that the guy that got shot had kids there
This needs some digging into because when you put custody issues into the mix it changes everything-—I know damned well I wouldn’t just walk off and leave my kids if I had a right to see them (may have taken a different approach but .....)
I remember this story and watched a video of a couple of lawyers reviewing the case in detail.
The ex wife was definitely the instigator, but the dad really screwed up (like in the Smith/Rock situation). Both lawyers agreed from a legal perspective that the boyfriend acted within his rights. I don’t remember the details, but one of the key aspects was that the front porch is considered part of your “castle” based on a Supreme Court ruling.
If memory serves, this happened some time back though I could be mistaken.
The mother and boyfriend knew the father had legal rights, denied them, then escalated immediately to lethal force. A determined prosecutor could have made a murder charge out of this.
I still see it as a bad shoot, but the deceased sure had a lot do with bringing about his own demise. Both are/were idiots IMO.
Was the dead guy's wife holding his beer?
Castle doctrine. No duty to retreat. The shooter went the extra mile by giving warning.
What gets me is how many on here don't no chit about guns, shooting, hunting .... sometimes it sounds like the friken DNC. Not all youall livin in cities are you?
If a father’s visitation rights are being violated it is a legal matter to be handled by the court. The father tried to physically force his legal right on his own, which is not OK. The child wasn’t even there, so even from that perspective the father had no legal right to be there.
The lesson here is, if you decided to take a gun away from some who intends to use it on you, you’d damn well better take it away because you’ll only have one chance.
Self-defense, technically. But, it’s still sad and pointless. This did not have to happen.
sounds like you need to brush up on Texas law there, counsellor...
The trespasser was armed with his fists and a 40 lb weight advantage. I do not fault the homeowner for arming himself against an obvious threat and I certainly won’t second guess him for shooting when the trespasser made contact and then grabbed for the gun.
Some other posters hint that the ex husband was goaded into confrontation by the ex wife. The Ironic thing is if, instead of rushing toward the armed property owner, he had simply walked to the street and pulled out his phone he would have some pretty damning video for use in family court.
I’ve seen a lot of documentaries on IDTV where ex spouses were lured in and murdered. Too bad the ex didn’t try to take the weapon and had just turned his back and walk away.
Agree!
I would argue the property owner did not arm himself or shoot in order to prevent the ex husband from exercising his custody rights but rather to protect his person against a clearly agitated trespasser.
Thanks!
Unless the father had some reason to believe his children were being abused, at that momnet, call the cops, film eveything, bbut comply with the homeowner's command to leave the premises.
I do not fault the homeowner for arming himself against an obvious threat
***As I stated, he came OUTSIDE to wave his gun around. That aint no longer defending yer castle, it is displaying your superiority of weapons confrontation.
and I certainly won’t second guess him for shooting when the trespasser made contact and then grabbed for the gun.
***The victim was shot several feet away, off the porch, no longer grabbing for the gun. He mighta been charging. But the shooter was no longer defending his castle, he was AWAY from his castle shooting back towards it.
Oh well, it doesn’t look like we lost a bright shining exemplar of humanity on this round, but I still say it was a bad shoot. No charges when a man lost his life? At the very least, reckless endangerment or involuntary manslaughter, get it pleaded down to a misdemeanor.
As stupid as the victim was, it makes me wonder if he had a high blood alcohol [or sumthin similar] content.
It wasn’t a straight-up self-defense shooting, but apparently legal nevertheless. I don’t think there was a need to go get the rifle when he could have called the authorities. Also, since the other guy was so big, he took a huge risk in that the gun could have been taken from him since he was in really close proximity to his opponent. Not really wise behavior on both men’s parts in the matter. Really sad overall.
I am unsure of the legal definition of self defense, but I do not think it should cover this. The guy that got the gun started hostilities.
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