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Trayvon Martin shooting prompts Houston legislator to recommend changes to Texas law
wfaa.com ^ | March 29, 2012 | Kevin Reece

Posted on 03/29/2012 8:48:31 PM PDT by Tailgunner Joe

HOUSTON—The controversial shooting of a teenager in Florida has a Texas lawmaker demanding changes to the Texas version of the "stand your ground" law.

State Representative Garnet Coleman feels the state’s Castle Doctrine allows potential victims too much latitude to shoot first and ask questions later. He plans to introduce legislation to amend it.

But some legal experts and supporters of the current law don’t believe the proposed changes stand much chance of passing in Austin.

In 2007, the Legislature eliminated the "duty to retreat before using deadly force" portion of the law.

Coleman, citing the Trayvon Martin case in Florida as an example, says the 2007 change made it too easy for Texans to respond with deadly force when the situation might not warrant it.

"All it takes is a tragedy for people to understand that something needs to be changed," Coleman said. "And I don’t think any legislator in this state wants to be perceived as allowing somebody the ability to shoot someone without good cause."

Coleman also recounted the November 2007 case of Joe Horn in Pasadena. The homeowner, despite being urged by a 911 operator to stay inside his home, chose to go out his front door and confront two burglars who had broken into a neighbor’s home. The investigation showed that Horn shot and killed both with a shotgun as they were running away. A Harris County grand jury refused to indict Horn. He was not charged with a crime.

"The reality is here is now is that it’s all about the perception whether someone is or isn’t going to use deadly force which allows someone to shoot first and ask questions later," said Coleman. "That turns into an affirmative defense against prosecution."

"But what’s even worse is both of these bills expand the power of shoot first ask questions later to an automobile, to a place of business," Coleman said of the Texas Castle Doctrine.

But Prof. Gerald Treece with the South Texas College of Law says he doesn’t believe Coleman’s proposal has much of a chance in Texas.

"I don’t have to retreat before I defend myself," he said of the interpretation of Texas law even prior to the Castle Doctrine update in 2007.

"I don’t have to say, 'Deadly force is going to be used, I think I’ll retreat.' You can be a man in Texas and stand up for yourself without retreating," said Treece.

Coleman, who believes the current Texas law has had a disproportionate impact on minorities, says he will introduce his recommended changes to the Castle Doctrine in the next legislative session.


TOPICS: US: Texas
KEYWORDS: castledoctrine; garnetcoleman; trayvonmartin

1 posted on 03/29/2012 8:48:36 PM PDT by Tailgunner Joe
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To: Tailgunner Joe

So that’s what all this moaning is about...forcing citizens to give up their guns and giving thugs the freedom to overrun our property.

This is right in line with voter ID. They protest too much for the sakes of the criminals.


2 posted on 03/29/2012 8:54:35 PM PDT by madison10
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To: Tailgunner Joe
Coleman, who believes the current Texas law has had a disproportionate impact on minorities...

Right there he is admitting that blacks make up most of the criminal class.

3 posted on 03/29/2012 8:54:38 PM PDT by Last Dakotan
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To: Tailgunner Joe

If they only had 1/1000 the courage to speak out against real crimes, especially those committed by minority thugs.


4 posted on 03/29/2012 8:54:49 PM PDT by A_Former_Democrat (Hey "Unifier" and MSM: Demand Spike Lee apologize. OK check. Next?)
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To: Tailgunner Joe

Joe Horn is a folk hero in these parts.


5 posted on 03/29/2012 8:56:06 PM PDT by 38special (Only fools believe the liberal media)
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To: Last Dakotan

Why, oh why, did the word “disproportionate” ever slip into the maintstream? I wish we would’ve restricted the teaching of statistics and probability to those not bent on using it for evil.


6 posted on 03/29/2012 8:58:53 PM PDT by Tublecane
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To: Tailgunner Joe

The first thing people need to do when witnessing a crime is whip out that cellphone and start recording. There has to be more evidence in these cases.


7 posted on 03/29/2012 9:02:54 PM PDT by Crucial
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To: Tailgunner Joe
>"allows potential victims too much latitude to shoot first and ask questions later."

What about ACTUAL VICTIMS?

8 posted on 03/29/2012 9:03:15 PM PDT by rawcatslyentist (3 little children murdered by islam, Toulouse March 2012 . Time for the Final Crusade!!!!!)
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To: Tailgunner Joe

I don’t see any connection between the castle doctrine, or a “stand your ground” law, and the Zimmerman case. Whatever the facts end up being, the Zimmerman situation is simply a strait forward application of deadly force in self defense (or not). There’s no other law that needs to be used.


9 posted on 03/29/2012 9:07:36 PM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
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To: Ramius

Straight forward. Dang autocorrect.


10 posted on 03/29/2012 9:08:39 PM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
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To: Tailgunner Joe

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:

(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.

That’s been the law for a long time, and it’s not going to change anytime soon.

/johnny


11 posted on 03/29/2012 9:08:39 PM PDT by JRandomFreeper (Gone Galt)
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To: Tailgunner Joe
A Harris County grand jury refused to indict Horn

Nullification - repeat 1,000 times daily nationwide !

Make the bastards choke to death on their totalitarian wet dreams.



12 posted on 03/29/2012 9:08:49 PM PDT by tomkat ( FU baraq !)
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To: Tailgunner Joe
Some one need to break into State Representative Garnet Coleman home hold his wife and children hostage and see how fast he changes his mind about the castle laws.
13 posted on 03/29/2012 9:12:09 PM PDT by guitarplayer1953 (Grammar & spelling maybe wrong, get over it, the world will not come to an end!)
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To: Tailgunner Joe

FU Coleman. See my tag line, you POS.


14 posted on 03/29/2012 9:12:25 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: Tailgunner Joe

You try changing our law Mr. Coleman, and we’ll just see how far you get...and let’s put it this way - I’m not exactly quaking in my boots.

One other thing, Mr. Coleman, the law also protects blacks - not that you would give a crap.


15 posted on 03/29/2012 9:12:53 PM PDT by BobL (I don't care about his past - Santorum will BRING THE FIGHT to Obama)
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To: Tailgunner Joe

People might get the idea that if someone is on top of you beating you bloody that you can defend yourself. We cannot have that! /sarc


16 posted on 03/29/2012 9:14:51 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: JRandomFreeper

Joe Horn was 9.43 defense of 3rd person property, but still - this has nothing to do with the castle law (which is mostly civil protection). This wfaa reporter has done no research on the matter. Also I whole heartedly agree that this will NOT change in Texas anytime soon.


17 posted on 03/29/2012 9:24:41 PM PDT by melkor
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To: tomkat

its been a while... but didnt the liberal harris county DA get in trouble for harassing Joe Horn and others with malicious prosecution and had to be removed from office? I remember something about him bringing cases to or threatening to bring grand jurys over and over and over again.


18 posted on 03/29/2012 9:29:08 PM PDT by melkor
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To: tomkat

That is where we are.

And the silly racists don’t even know it - they are just catching on.

They want CRT - OK - they got it.


19 posted on 03/29/2012 9:38:42 PM PDT by Eldon Tyrell
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To: Tublecane
Statistics = Sadistics

Or, "Lies, damned lies, and Statistics"!

20 posted on 03/29/2012 9:47:40 PM PDT by SoldierDad (Proud dad of an Army Soldier who has survived 24 months of Combat deployment.)
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To: Crucial

Just remember, when seconds count, the Police are minutes away!


21 posted on 03/29/2012 9:50:10 PM PDT by SoldierDad (Proud dad of an Army Soldier who has survived 24 months of Combat deployment.)
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To: Tailgunner Joe

Coleman, who believes the current Texas law has had a disproportionate impact on minorities...


Why is that, do you suppose?

Blacks and Hispanics (mostly illegals) commit most of the crime so obviously, they are going to be statistically on the wrong side of self defense.

This race baiting will not fly in Texas (I pray).


22 posted on 03/29/2012 10:03:19 PM PDT by SaraJohnson
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To: Tailgunner Joe

Interesting, nothing listed about his political party.


23 posted on 03/29/2012 10:20:52 PM PDT by fortheDeclaration (How strangely will the Tools of a Tyrant pervert the plain Meaning of Words!-Sam Adams)
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To: Tailgunner Joe

Here come da commies! I was wondering why this crap came up three weeks after Martin was shot. I knew it had to be one of two things. The commies pimping “gun control” again or someone was wanting to drive up the sale of hoodies.


24 posted on 03/29/2012 11:36:48 PM PDT by FlingWingFlyer (It's time to WEAN the government off of our money.)
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To: Tailgunner Joe
I look at this from the shooter's perspective. Let's say the perp turned on Zimmerman and said, "What the ef do you want?" and proceed to pop me in the nose. Now he's bangin the noggin on the pavement.

Sorry, I don't think I have to wait to be unconscious to whip out the 9 I'm licensed to carry to pop this dude. I don't know if the guy is armed, I don't know if he just escaped from prison, I don't know if he might make good on his threat to kill me. A normal person might ask, "What are you following me for?" and then wait for a response. Maybe the guy wanted a light or something. It's was easy enough to ask an EMT if the guy had head and nose injury and did you treat him at the scene? I don't think you need to wait for 20 stitches to pull your legal weapon and use it. People seem to think Zimmerman was supposed to measure the amount of blood loss before deciding this guy wants to hurt me.

The mistake I see is a neighborhood watch person should just report what he see's and not pursue someone. The cop was on his way. But if the perp attacks him, that doesn't mean you deserve to get the hell beat out of you. You aren't breaking a law to disobey a 911 dispatcher.

If this goes to a Grand Jury, the law will be explained and there will be a no bill, IMHO. That is why they are circumventing the jury process. It is strictly a political process now. IMO, there will be blood. I've been ready for 40 years, so if they want it, I guess now is as good as any. If they think they are going to nullify the 2nd Amendment under Obama's watch, it's no different than Clinton's watch. Waco and Ruby ridge are no different than Fast and Furious and this fiasco. The investigations aren't even complete before legislation hit's the lecterns. Excuses can be found in any newspaper any day.

25 posted on 03/29/2012 11:40:20 PM PDT by chuckles
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To: Tailgunner Joe

Nobody with half a brain listens to Garnet Coleman.


26 posted on 03/29/2012 11:43:29 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: Tailgunner Joe

A number of accounts indicating Zimmerman was being pounded Martin, but the Leftwing, Nazi jackasses in the media and govt don’t give a crap.

What about due process, mofus?!


27 posted on 03/29/2012 11:48:55 PM PDT by Gene Eric (Newt/Sarah 2012)
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was being pounded by...


28 posted on 03/29/2012 11:54:14 PM PDT by Gene Eric (Newt/Sarah 2012)
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To: Tailgunner Joe

Tell you what I’ll do Garnet. If a White a Hispanic and a Black ever break in to my home at the same time. I promise to shoot the Black last.


29 posted on 03/30/2012 1:20:29 AM PDT by BigCinBigD
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To: Tailgunner Joe

Coleman, who believes the current Texas law has had a disproportionate impact on minorities, says he will introduce his recommended changes to the Castle Doctrine in the next legislative session.
****************************************
Well, DUH! It’s the “minorities” who are doing the car jackings, robberies, home invasions, etc., so it’s not “disproportionate”.

Coleman’s belief is just as wrong as the constant bleat that there are more minorities in Texas jails and prisons because of racism.


30 posted on 03/30/2012 2:09:52 AM PDT by octex
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To: Tailgunner Joe
Since the article leaves out the party of state rep Garnet Coleman he must be a RAT.
Mr. Coleman why not wait until ALL the facts are known before you try to change existing law.
I know you have all the facts you want and will not believe any thing that does not fit your agenda.
So, go ahead and make a fool out of yourself, I am sure it isn't the first time.
OH do I know exactly what happened? NO I was not there. I am waiting for facts from the courts where everybody is under oath to tell the truth, not from TV cameras.
No matter what comes out as the truth I won't have to apologize to anybody.
31 posted on 03/30/2012 3:25:48 AM PDT by DeaconRed (ZERO supporters are stuck on stupid. . . Always were, always will be. . .)
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To: chuckles

“I look at this from the shooter’s perspective.”

How about looking at it from Trayvor’s perspective. (Or at least the liberal’s view of his perspective.)

An innocent teen is chased down by a white guy waving a gun and shouting racial slurs. And is probably a member of the KKK. And they want to take the right to bear arms away from this “victim” so he can’t defend himself?


32 posted on 03/30/2012 3:37:41 AM PDT by 21twelve
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To: Voter#537
"Since the article leaves out the party of state rep Garnet Coleman he must be a RAT."

Do an image search of "State Representative Garnet Coleman" and you will understand. Representative Coleman is "of the darker persuasion".

33 posted on 03/30/2012 3:38:08 AM PDT by Wonder Warthog
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To: Tailgunner Joe

If I trespassed on another person’s property, i.e. property I knew I did not own,..i.e. I did’t buy it, I dodn’t pay taxes on it, I didn’t inherit it, nobody gave it to me, I never worked it,...and I am trespassing at nighttime, and I am a well intentioned honorable fellow, who recognizes there are plenty of people in the world who from time to time are not so sell intentioned, and are even looking to cause harm, ....my conscience would clamour for me to fully expect somebody might perceive me as threatening their personal property and possibly their personal safety,..to such an extent that they would be cornered into using deadly force against me to protect their God given rights of Life, Liberty, and Pursuit of Happiness.

In other words, I fully expect somebody would shoot me if I trespassed on their property at night, especially if I had an appearance identifiable as a criminal.

Nothing wrong with that law. Those who weaken the force of the law simply seek to encourage criminal behavior and render law abiding citizens impotent, thereby aiding and abetting other criminal elements in society.


34 posted on 03/30/2012 3:46:57 AM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: Cvengr

sell intentioned = well intentioned
dodn’t = didn’t


35 posted on 03/30/2012 3:52:46 AM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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FLORIDA’S STAND YOUR GROUND LAW Op-Ed: Why I Wrote ‘Stand Your Ground’ Law
March 26, 2012

http://www.npr.org/2012/03/26/149404276/op-ed-why-i-wrote-stand-your-ground-law Also - Rep. Dennis Baxley’s Fox News piece “Trayvon Martin’s alleged attacker not covered under law I wrote.”


36 posted on 03/30/2012 4:00:47 AM PDT by anglian
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To: melkor

You’re missing the point. It doesn’t have to change, it just has to get this clown re-elected.
The last thing these people want is for their warped idea of “racism” to end. It would make running for office a real chore.


37 posted on 03/30/2012 4:01:26 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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