Posted on 04/05/2022 12:09:13 PM PDT by Red Badger
That’s kook legal theory. Just because you have legal visitation rights does not mean you can charge into someone’s house. Your only legal option if denied is to file a complaint in court.
Watch the video. Read never tried to enter the home.
True but he had zero rights to remain on the property when asked to leave.
The guy was shot in front of the house and never entered. Watch video.
The decedent was an idiot. He should have left the property, particularly after the warning shot, and if he’d had a valid concern on the property, he could have gotten the police to come mediate (if nothing else.)
This is *specifically* legal in Texas law. No duty to retreat.
Sure the guy shot was guilty of trespassing when he did not leave and instead he got belligerent back at the guy who threatened to shoot him. But the shot did not seem like self defense to me.
This is not your state of California. Texas has Castle Doctrine, and even before then Texas law said the threatening trespasser only had to be on your property, NOT in your house.
Dunno what state you’re in, but Texas law is different.
Read didn’t have to enter the house. Read was told to leave the property, refused, committed assault, was told to leave again, a warning shot was fired and then he got dead.
Idiot should have showed up with the cops instead. None of this would have happened.
Murder, pure and simple… if that man isn’t charged then there is no law in Texas but the gun.
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No crime committed here except the possible forcible entry to the house (front porch is considered part of house). The Ex-husband was told to get off the property instead he comes at the resident of the home and tries to take his gun away while in his house (the front porch). The guy that lived there was probably 80-100 lbs less weight than the ex and had a right to fear for his life if he was disarmed. Stupid Ex should have left when he saw a gun. If he had a problem come back with a sheriff. At least he won’t have to deal with the guy again, of course the ex-wife loses her child support now although the kid should receive Social Security to help make up the loss.
You obviously have never been a dad whose ex-wife is trying to keep his kids away from him. Momma bears don’t have nothing on us when it comes to our kids...
Relevant points of Texas law:
Sec. 9.41. PROTECTION OF ONE’S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property.
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(3) he reasonably believes that:
(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.
Take a good, hard look at the build and size differences between the shooter and the overly aggressive meathead jock that got shot.
And that’s before I go into the actual self defense laws.
Sure, bull right in, attack the homeowner. Get shot, have a nice day.
On the other hand, call the cops ahead of time, get witnesses, possibly get ex busted for violating court orders - yeah, that works out a lot better, actually.
Bkmk gun range
Who said anything about retreating?
The shooter escalated the situation, discharged a firearm at someone, the shot him, he’s a murderer.
It’s clear the law of the gun is the only law in Texas.
The DA in this town is dirty, I guarantee it, even in Texas this is murder.
Disagree, at the end it looked like he was trying to push/rush the shooter back through his own front door.
Even if that isn’t the case, Texas law does NOT say they have to enter the house to be a valid target - only that they must be on the property and refuse to leave.
Hint: If someone tells you to leave their property in Texas? LEAVE. Particularly if they happen to be holding a gun.
Yeah, no, go look at my post upthread where I quote the Texas Penal Code. This doesn’t even get into self-defense, it’s defense of property.
In Texas, the law of *private property* is (usually) the law. If someone tells you to leave their property, LEAVE. If you have a further beef with them, call the cops and have them come with you on a civil standby.
I wonder if the guy and woman are still together. Pretty hard to explain to a kid your boyfriend killed his father.
He tried to take the gun away AFTER the moron shot at the ground near his feet... the shooter is a murderer, period.
DA’s dirty in whatever town this was.
The shooter is the one who escalated every once of this situation.. hopefully one this mans kids will slit this cowards throat in the middle of the night years from now, and he will get the justice he deserves.
What you stated *is* what courts are ordering fractious parents to do today - they also sometimes order ALL communications to take place over a coparenting app that records and reports everything to the courts if needed.
This guy was a moron.
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