Posted on 11/16/2007 2:47:22 PM PST by Sopater
Also, see this, especially (3)(b):
§ 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:
__________(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
__________(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.
Impatient Texas man shoots burglars during 911 call
Another poster wrote that Texas has modified the typical law. Hurray for Texas, last bastion of American manhood.
The ONLY unaddressed criminals in this incident, are the POLICE who couldn’t get police to the scene of a burglary in process in less than 7 minutes.
The report I heard, stated it was at least 7 minuted between the time of the call and the point at which the citizen shot the bastards to prevent their escape with stolen goods..
Lesson 1 — Don’t rely upon 911 or the Police to defend you or your property... Buy a gun and learn to use it...
Lesson 2 — Call 911 AFTER you have taken care of business..
No need to have an audio record of your decision to kill the bastards...
I interpret the “Move, you’re dead” as a fair warning to the perps to “HALT IN PLACE OR I”LL KILL YOUR SORRY ASSES”.
That warning was RECORDED on the 911 call.
In my book, that is fair warning, and it was ignored..
Refusal of that command, and any movement could reasonably be given as justification to protect himself from assault..
Nice thing about this shooting — HIS testimony will be the only version of the shooting......
Good shootin!
It will be interesting to learn the ethnicity and legality of the perps....
Thats all ya need to know.
Heck, after dark, all they have to do is be on your property in TX
Boy, texans are spoiled. THey actually have property rights. I’m jealous.
I’m glad you pointed this out early in the thread.
Because I’m not going to be high-fiving this guy, heeing and hawing. They were robbing his neighbor! He told the 911 dispatcher that he wasn’t going to let them get away with this.
I’m having a hard time understanding how this is self-defense or even remotely defendable.
Yes we do. And as long as neither crook died from a single blast to the head, the shooter will go free.
According to Texas law (at least my layman's understanding of it), there's something about theft "under the cover of night", which is deemed especially cowardly and therefore deserving of being shot.
This might come into play and it might not.
I'm sure some Texas folks will weigh in.
I really don’t think this guy will get indicted.
That’s not how Texan’s think.
It is hardly appropriate to shoot and kill (apparent) burglars as they leave someone else’s building.
Its the law in Tx.
Personally I dont think I could take a life over property, but thats the law down here
You've obviously never lived in Texas. If you find someone breaking into your car, parked by the curb, in broad daylight, and he runs away when you confront him, you can shoot him dead and no grand jury will ever indict. It's one of the things I miss most about my home state. :-)
No. Thats not it at all.
Under TX law, someone skulking about on your property at night may be assumed to be armed because it is unreasonable for the property owner to be able to discern if the intruder is armed under cover of darkness.
“If his neighbor told him to “look after my house,” he’ll go free.”
I agree, but I think he will go free regardless. One nice thing is that the two criminals won’t be robbing any more homes!
Personally, I would take odds that the guy won't be indicted, especially if it turns out that the burglars were illegals or that they had prior records AND it happened at night.
That was an amazing case.
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