Posted on 11/16/2007 2:47:22 PM PST by Sopater
Video on Fox News - Man calls 911 and tells them that he's going to shoot these guys... and then he does it. You can hear it all on the audio tape.
Move, You're Dead
(Excerpt) Read more at foxnews.com ...
Welcome to West Texas.
It was not his property and there is no mention of the bad guys being armed. Me thinks the shooter is headed for jail.
Think it was in Pasadena. Therefore, SOUTH Texas (outside Houston).
Southeast Houston, but the attitude is the same.
I think you may be right... but what are neighbors for? He was just trying to be a good Samaritan.
Nah, it’s Howard County. He’ll get a medal (after the grand jury boots the case).
It was a 70 year old man; fearing for his life.
Plus, not sure “defense of property” has to be your property in Texas.
I think he’s bought himself some trouble. His wisest route would have been to confront them and hold them till cops arrive. Even that could potentially bring unlawful imprisonment charges. Hard to say.
Thought this was the Howard County one. We just had a guy shoot someone last night in Big Spring.
Apparently happened twice in one night in Texas.
Impressive.
I'd say not. While there is no statute explicitly authorizing the use of deadly force to protect someone else's property, you sure as heck can do it to protect your own in Texas.
This has been referred to a grand jury in Houston, and you can be damn sure that each of them would like this ol' codger as their next door neighbor.
His only mistake is he called the 911 first. He should have just plugged em and then called 911.
I’m grateful for these brave souls who are plowing ahead — and showing us how it is done — what to do and what not to to. Great that it gets covered at all, considering our libera media coverage.
Apparently one was dropped in his own yard.
Not sure now. Used to be that you could use terminal force to protect life or property and the property didn’t have to be yours (you could be an employee, for instance, protecting the property of an employer) and the life didn’t have to be yours either.
But then, I haven’t lived in Texas for a couple/three decades, so I haven’t followed what has happened over the years. There has been plenty of time for it to change.
It got considerably more pro-self-defense recently.
If his neighbor told him to “look after my house,” he’ll go free.
Here’s the law in question:
§ 9.43. PROTECTION OF THIRD PERSON’S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful
interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection
of the land or property;
(B) he has a legal duty to protect the third
person’s land or property; or
(C) the third person whose land or property he
uses force or deadly force to protect is the actor’s spouse, parent, or child, resides with the actor, or is under the actor’s care.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
darn right he brought the trouble on himself. once in court, prosecuters will claim HE initiated a conflict that became a deadly force issue.
Looks pretty good for the victim’s neighbor in this case to me.
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