Posted on 11/16/2007 4:59:15 PM PST by Daffynition
I am surprised the cops wouldn’t have at least said he could do a citizen’s arrest and try to hold them there at gunpoint, but do everything possible not to shoot them - only as a last resort.
I mean, you can make a citizen’s arrest. if you’re wrong, they can sue you, but the guy wasn’t wrong this time.
Covered by Texas Penal Code 9.43.
(g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;
I wonder if this mans action would be considered lawful?
They are probably afraid to make such a recommendation because they “would be liable” if something happened, thanks to ambulance chasing gals like John Edwards (I wonder what conditioner he uses).
Why call the police? Although the idea of “police” is a wonderful concept I regret calling them every single time I have. All I ever got was a bunch of empty threats towards me and a whole bunch of attitude.
On the face of it, I’d say he may be safe from conviction under that provision.
That’s an odd thing to say.
Other than that, good point!
It is not about you it's about what is legal and what isn't legal.
I’d like to have a neighbor like this guy, but, I’m afraid that the law isn’t going to work in his favor. He was told, more than once to stand back, not stand and deliver. And it’s all on tape.
Three young, and I mean YOUNG, punks tried to break into my home on Monday night. I wasn’t home at the time. No one, that I am aware of, in my cul-de-sac owns a gun. I have a very attentive next door neighbor lady who witnessed the attempt. Where she screwed up is when she waited to see if they got in or not. THEN, she said, she would have called 911.
She’s all straigtened out, now..........
I disagree,Suppose they were coming to his house next?Pre-emption is what I say.No jury will convict because of his age anyway.look at the bright side as well.Two less dirtbags to worry about.
I didn’t say it was about me, I said it was the way I understood the story. If they came at him and he shot them it is clearly self defense.
“Suppose they were coming to his house next?”
You can’t shoot “what ifs” to kill.
He may get off, but it’s going to be a long fight in court.
Just sayin’.
The sheriff asked the owner to stay away during this part of the action.
The tenant, or the sheriff, as a final act, locked the door!
We had, at that time, regular police patrols on bicycles in this area.
Short of having the cops come over and watch as the owner opened his door I suppose he could have had an armed guard there prepared to shoot anyone who looked out of sorts.
The deal in Texas would still be a problem no matter how things were handled. Notice that the 911 folks told him to stay in his house and leave these guys alone, that the cops were on the way.
I can just see that old coot trying to have a shoot out with a hired armed guard too, if it'd come to that. Guy has lost leave of his senses.
Even in Texas I think his interference in police business ("officers are on the way") is going to lose him his only defense.
Sounds to me that the guy is within his rights.what do you think?
It is if you exceed a certain amount. It doesn't take much these days.
My comment was in response to the ‘legislator who authored the bill’ speaking out against the situation and how it was handled. I’ve had neighbors that I would protect. I’ve had neighbors where I would just scare them away. The concept here seems to be (from the legislator) that no one can protect his or her property but themselves.
Having them shoot at a homerobber around here might well cause more damage than any thief could.
I’m not talking about an armed guard, lol. Just having a cop on the property while you guys “broke in”.
In regards to the man who shot the thugs, you may be correct, maybe not. We are after all “assuming” since we do not have all the facts. I would love to be on this jury.
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