Posted on 02/28/2013 5:34:08 AM PST by marktwain
A 27-year-old League City man was sleeping in the back seat of an extended-cab pickup while his wife went inside the bank, said Sgt. Tamara Spencer of the League City Police Department.
The man driving the Buick pulled up next to the pickup and punched out the front passenger-seat window, Spencer said.
"Window punches are loud," she said. "Our victim initially thought he'd been shot at."
Because the incident happened in the League City business district, police are hopeful it might have been captured on surveillance video.
"There are a ton of businesses there and some have surveillance cameras," Spencer said. "We're working to get surveillance footage."
The awakened man and the burglar struggled over a backpack on the front seat, which the burglar abandoned in favor of a bank bag with $80 cash in it, Spencer said.
As the burglar was fleeing, the other man hopped out of the pickup with his Sig Sauer .40 caliber handgun and fired two shots at the Buick, hitting the front and back windows on the passenger side.
(Excerpt) Read more at chron.com ...
That's a good description, minus just one major detail.
Guess...the odds are in your favor.
We know the race by omission.
And if he had hit the burglar who was driving away and apparently unarmed?
Gotta wonder how that would have gone.
In Texas you can protect life AND PROPERTY.
Gotta wonder how that would have gone.
Depends on what state League City is located in.
Probably a stolen car. When the cops find it, they will do a DNA check with even odds of identifying the perp.
Typically, depending on workload, a DNA check will take around 5-10 days currently, looking for (I think) just 13 data points in it. So if the perp is on file, he will be sitting in his trailer sipping a cold one in his jockeys when two cops with a warrant bang on his door.
The local sheriff would probably give him new bullets for free!!!!
In reality under Texas law, he would have been 100% protected. As mentioned you can protect life and property with lethal force in Texas. This would not even go to a grand jury.
There is a caveat to this. If he had not stolen the money and was fleeing without any stolen property or money you can not shoot the bad guy unless he is a mortal threat.
This would not even go to a grand jury.
Unless it’s one of holders people... Then all bets are off. Holder was ready to step in in FL.
I don’t read the law that way. I don’t think shooting the perp was justified under TX law. Personally, yes.
http://law.onecle.com/texas/penal/9.42.00.html
When he first discovered them "inside" his house they would have been considered a mortal threat be they armed or not armed. The act of breaking into the home legally makes them a mortal threat in Texas.
Once the bad guys complied with the home owners order to lay on the floor they were no longer a mortal threat and it would then have been a crime to shoot them. If one of them had disobeyed and came at the home owner the bad guy then becomes a mortal threat and you can kill him.
Huh?
This was at a bank in a vehicle in the daytime.
What did I miss?
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