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Houston Taqueria Shooting: Legally Justified Killing or Simply an Execution?
Legal Insurrection ^ | 01-10-2023 | Andrew Branca

Posted on 01/11/2023 10:17:36 AM PST by absalom01

click here to read article


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To: absalom01

The only charge should be wasting ammunition. The 1 extra round at the end should get a $1 fine.


21 posted on 01/11/2023 10:29:14 AM PST by Wilderness Conservative (Nature is the ultimate conservative)
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To: absalom01

There was a case just like this in Oklahoma ( I think) a few years ago.

Not sure of the specifics, but a druggist shot an armed robber one or two too many times after he was incapacitated on the floor. That druggist is doing time.


22 posted on 01/11/2023 10:30:14 AM PST by farmguy
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To: Gay State Conservative

Next time someone sticks a gun in your face, how far overboard will you go or will you just smile and hand over your valuables?


23 posted on 01/11/2023 10:31:08 AM PST by chopperk
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To: absalom01
In my opinion:

Shots 1-4: Fully justified self defense, no question.

Shots 5-6: Probably justified, but after this point the threat has ended.

Shots 7-9: The threat has already ended, shots not justified.

Full shooting video with sound here: https://twitter.com/i/status/1611824003932475392

24 posted on 01/11/2023 10:31:17 AM PST by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: Boogieman
Does the video have audio? How do we know the criminal didn’t speak some imminent threat that prompted the ninth shot?

Yes, the video does have audio. Video: https://twitter.com/i/status/1611824003932475392

25 posted on 01/11/2023 10:32:44 AM PST by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: Gay State Conservative

You don’t stop shooting until the threat is down...period. You don’t know if the perp is on drugs and might keep coming.


26 posted on 01/11/2023 10:32:55 AM PST by oldguy1776
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To: Boogieman

THANK YOU

EXACTLY


27 posted on 01/11/2023 10:33:02 AM PST by ridesthemiles
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To: absalom01

For many years, the “I feared for my life” were the magic get-out-of-jail words for any copper who blew away a civilian, in whatever circumstance.

Now, fortunately, that not necessarily true anymore, but let’s look at the rationale.

If at the beginning of the encounter the shooter feared for his life, and had a reasonable reason for doing so, he is allowed to take steps to protect himself. Once he starts that process, the fear might not immediately stop when the robber is probably incapacitated. The fear, action and adrenaline continue before a rational grasp of the situation can reasonably take place. Someone on that situation might not be able to stop instantly, especially if not extensively trained in complicated use of force situations.

Also, the robber may have received fatal wounds before the coup de grace. The final shot may have had no effect. Continuing to fire into a corpse, or a person who was fatally wounded, may not be actions which caused injury.

Finally, you know this guy is going to get raked over the coals, his life overturned, his social media and voting history scrutinized. He either shouldn’t come forward, or be guaranteed anonymity. The grand jury process, while it supposed to be private, will leak like a sieve if a leftie narrative can be weasled out.


28 posted on 01/11/2023 10:33:03 AM PST by Fido969 (45 is Superman! )
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To: DesertRhino

There is an old saying I heard from Judge Judy. It goes thusly: “No good deed goes unpunished.” I have a feeling. I don’t like it. But going by where it happened and with Soros judges who love their criminals. This guy is going to learn this the hard way. I hope not but it will be a miracle if he is not indicted.


29 posted on 01/11/2023 10:35:38 AM PST by sport
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To: farmguy

If your article is true, then gun protection laws in Ok. are not worth the paper they’re printed on.


30 posted on 01/11/2023 10:36:01 AM PST by chopperk
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To: absalom01

The world be robber f**ked around and found out.


31 posted on 01/11/2023 10:36:12 AM PST by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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To: absalom01

The first shots were very much justified and heroic.

The last shot, at least, was a guarantee of execution.

Given the situation and the former and the state where this occurred, leniency will likely rightly be applied.

But Scot free? No, as it shouldn’t be.


32 posted on 01/11/2023 10:36:55 AM PST by 9YearLurker
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To: Gay State Conservative

>>But it seemed to me that the guy went a bit overboard.

But who cares? I certainly don’t - hopefully a jury won’t either.

The guy was probably DOA before the last shot, so maybe for that 9th shot he didn’t kill him, just shot a dead body.


33 posted on 01/11/2023 10:37:22 AM PST by qwerty1234
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To: absalom01

Legally Justified Execution.


34 posted on 01/11/2023 10:37:26 AM PST by dfwgator (Endut! Hoch Hech!)
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To: Gay State Conservative

>>From what I saw one shot would have been justified...maybe even two. But it seemed to me that the guy went a bit overboard.

If someone is worth shooting once, he’s worth shooting twice. And if he’s worth shooting twice, he’s worth emptying the whole magazine into. I know ammo is expensive, but putting a criminal down is not the time to be stingy with the bullets.


35 posted on 01/11/2023 10:39:06 AM PST by vikingd00d (chown -R us ~you/base)
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To: Gay State Conservative
I've seen the video...he shot the guy about a half dozen times. From what I saw one shot would have been justified...maybe even two. But it seemed to me that the guy went a bit overboard.


The guy was facing an armed robber who was implicitly threatening to shoot and kill innocent people. It is not unusual for this type of criminal to kill his victims after robbing them. It is common for firearms instructors to teach that when in self defense situation in fear of your life, keep shooting until the perp is down or you run out of ammo. It's amazing how many shots a bad guy can absorb and still shoot back and kill you.

36 posted on 01/11/2023 10:39:44 AM PST by rdcbn1
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To: thefactor

Texas law is clear? Surely you jest. East coast people crack me up.

The one thing nobody, anywhere has ever said about Texas law is that it is “clear”. The Constitution has 85,397 words and 517 Amendments. The US Constitution has 4440 and 27. Nobody has ever counted the sheer volume of the entire canon of Texas Legal codes, but Texas has established size and weight limits for vehicles and loads moving with or without an oversize and/or overweight permit on Texas roadways. You would need an oversize permit if you wanted to move it by truck.

In the silly even that someone decides to prosecute him, his defense fund will overflow, and the jury will free him after 15 minutes.

He will never see the inside of a jail.


37 posted on 01/11/2023 10:39:53 AM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: Bonemaker

Perhaps he was saving some shots for the perp’s accomplices, seeing none he decided to make sure the perp wasn’t going to cause further problems.


38 posted on 01/11/2023 10:40:58 AM PST by TheDon (Resist the usurpers)
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To: absalom01
"The answer? Yes, maybe, and almost certainly not."

Sorry!
IMHO, this fluffy answer clearly instructs me, at least, not to waste time on the rest of the article...

Doesn't matter where the article goes, this guy appears to me, from that opening, to be a "straddler"...

If I'm wrong, SBI...

39 posted on 01/11/2023 10:43:50 AM PST by SuperLuminal (Where is the next Sam Adams when we so desperatly need him)
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To: oldguy1776

Perps have been known to pop back up and continue the attack.


40 posted on 01/11/2023 10:44:03 AM PST by TheDon (Resist the usurpers)
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