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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

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To: central_va

I didn’t call you a democrat, I said I didn’t know one way or the other.

I would think that my comments are rather straight forward, but perhaps you just have trouble with comprehension


181 posted on 01/11/2023 4:14:48 PM PST by 5th MEB
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To: central_va

You don’t TRY to pull a concealed or holstered weapon when some thug already has his POINTED IN YOUR FACE.

You hope the thug just robs you and turns away, THATS WHEN YOU SHOOT HIM IN THE BACK (a lot).


182 posted on 01/11/2023 4:19:29 PM PST by 5th MEB
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To: absalom01

BFLR


183 posted on 01/11/2023 4:20:02 PM PST by Raven6 (Psalm 144:1 and Proverbs 22:3)
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To: central_va

Here I go; disregarding my Fathers advice again, and I should really know better.

“NEVER ARGUE WITH AN IDIOT, THEY WILL JUST DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIANCE”!


184 posted on 01/11/2023 4:23:44 PM PST by 5th MEB
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To: Vigilanteman

Colion Noir has an excellent video on youtube which addresses the stress and response to same with an adrenalin overload.


185 posted on 01/11/2023 4:40:54 PM PST by MHGinTN (A dispensation perspective is a powerful tool for discernment)
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To: 5th MEB
You hope the thug just robs you and turns away, THATS WHEN YOU SHOOT HIM IN THE BACK (a lot).

Let him walk or be a craven coward. Or pull your weapon with his back to you like you said and tell him to freeze. Warn him, you have the draw on him. That is what the police do.

186 posted on 01/11/2023 4:50:47 PM PST by central_va (I won't be reconstructed and I do not give a damn...)
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To: 5th MEB

Your father sounds like he was a real winner too. What heros.


187 posted on 01/11/2023 4:51:51 PM PST by central_va (I won't be reconstructed and I do not give a damn...)
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To: Hot Tabasco; 5th MEB; NorthMountain
Here is some good advice for you trigger happy CCW's:


In most states, in order to use deadly force to stop a threat you must reasonably believe that your life is somehow in immediate danger. Because of this there are likely only a very few select circumstances where you’d be justified in shooting a person in the back as they fled the scene of their crime, and your ego is not one of them. No matter how badly they hurt your feelings or ego by robbing you, once the threat is over there is no longer an imminent threat of death, serious bodily injury, kidnapping, or sexual abuse. Since there is no longer an imminent threat, deadly force in defense of your ego is not recommended regardless of how you feel about that person.

At this point, it’s probably a better idea to pull your phone out instead of your gun and dial 911 to report the crime to the police, to start them on their job. Fill them in on what happened, what the crime was, what he was wearing, if he had any weapons, etc.

The argument can be made, unless he had turned around and began slinging bullets in your general direction, that the threat to you was over and that you should not have shot the person. Once that argument is made, it’s not very hard to get to the next argument, which is that you just wanted to kill someone.

Should You Shoot Someone In The Back As They Flee?

188 posted on 01/11/2023 5:07:48 PM PST by central_va (I won't be reconstructed and I do not give a damn...)
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To: Hot Tabasco
So who is the judge of when the threat no longer existed? You, the judge watching the video or the good samaritan eliminating that threat ?
With that being said, what would have been your response while under the duress and adrenaline coursing thru you body?
You can't answer that because it's unlike you have ever been in a life or death situation like that where you are about to be killed by a gun wielding ex-felon whose record is being involved in a prior murder.........


Breathe in, breathe out. The judge will be the legal system. The same one that gives the shooter the justification to use deadly force based on the crime being committed. Based on the video alone, how many more head shots after the 9th would you consider legal? As for what I would have done based on the video, I suspect I would have stopped between the 4th-6th shot and hauled ass for another exit (kitchen area possibly?). Being in public, I would have not wanted to fire more shots than necessary and after the threat was stopped, (assuming there isn't more than the video can offer) I would want to move away from the vicinity of the offender. To pretend you have any capability to know what situations I've personally been in is silly. Not my quote, but sums up my view: "Be tough enough to protect your life, but smart enough to protect your freedom"
189 posted on 01/11/2023 5:59:38 PM PST by Niteranger68
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To: thefactor

As I stated on another thread, “reassess after each shot” at which you scoffed. Texas law is clear.

yeah.. ok. You know.

Look online and check out gun fights like ASP or other self defense channels. What exactly are you going to reassess after the first shot... help me out here...

What are you assessing after the “each shot”. How long do you have between shots to “assess”?

I’m not scoffing. I’m laughing, well actually smirking.

So if I or any man ran up and punched you in the face shoved your wife or daughter to the ground pulled out a gun and ran around the scene back and forth then... back towards your family... you’re going to shoot once, reassess and then repeat target acquisition, pull of a round aaaaaannnndddd then pause to reassess.

I think that would be really neat to see.... sad but it would be very instructive.

Do an analysis of this one and tell me how unnecessary shooting 10 rounds at a “retreating perp”. ..

https://www.wthr.com/article/news/local/multiple-victims-reported-in-shooting-at-greenwood-park-mall/531-df15bbf5-8eca-4220-b149-7de4735fbe37

Elisjsha Dicken, an armed bystander, fired on the shooter from 40 yards away, according to police. Within 15 seconds from when the shooting began, Dicken fired 10 rounds hitting the shooter as the shooter tried to retreat into the bathroom but collapsed and died.

you would have fired one round, reassessed, fired another... reassess... until the perp mag dumped on you or killed a bunch of others. You and NOBODY knows how many weapons someone has or if there are others involved... like the good samaritan in Walmart that tried to ambush a shooter but didn’t see the perps girlfriend/wife who came up and shot him. just like that.... bang.

you have no idea what a rapid descent to death can occur in any fight/attack/robbery.... and while you are assessing and reassessing.... your clock is ticking and someone is going to die. Notice the guy in the scooter in this video.... he’s assessing and decides.... deuces, I’m out.

https://www.youtube.com/watch?v=dn0AGKvkVvI


190 posted on 01/11/2023 7:38:38 PM PST by Dick Vomer (2 Timothy 4:7 deo duce ferro comitantes)
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To: Fido969

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.

I was the victim of an armed robbery, and yes, for me fear and adrenaline cancelled out rational thinking. It was like I was on autopilot, I wasn’t thinking, only of surviving.


191 posted on 01/11/2023 8:37:54 PM PST by rxh4n1
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To: Dick Vomer

He was headed for the door. The shooting was a choice not a necessity.


192 posted on 01/11/2023 9:10:28 PM PST by central_va (I won't be reconstructed and I do not give a damn...)
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To: central_va
He was headed for the door.

How do you know he wasn't also headed for the patron sitting at a table on the left side of the door?

193 posted on 01/12/2023 1:42:04 AM PST by Hot Tabasco
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To: Hot Tabasco
How do you know he wasn't also headed for the patron sitting at a table on the left side of the door?

You draw down and if he makes a move towards that patron then shoot. He was clearly headed for the door. IMO If the shooter is so scared and can't think rationally under duress then he should not be carrying at all.

194 posted on 01/12/2023 5:12:35 AM PST by central_va (I won't be reconstructed and I do not give a damn...)
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To: central_va; Hot Tabasco
IMO If the shooter is so scared and can't think rationally under duress then he should not be carrying at all.

Therefore, according to you, 99% of police should not be carrying at all.

195 posted on 01/12/2023 5:15:22 AM PST by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: central_va; 5th MEB; NorthMountain
Pretend the guy that shoots the perp is an off duty cop. Would you want cops like that running around?

Absolutely. Affirmative. 100%. No doubts whatsoever. Yes.

196 posted on 01/12/2023 5:19:27 AM PST by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: 9YearLurker

I want the shooter given the key to the city and a Congressional Medal of Freedom.


197 posted on 01/12/2023 5:21:18 AM PST by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: Lazamataz

99% of police don’t shoot perps in the back without a warning.


198 posted on 01/12/2023 5:42:16 AM PST by central_va (I won't be reconstructed and I do not give a damn...)
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To: rxh4n1

Then you understand.

I grew up in an environment that was rough and had to learn a lot about avoiding trouble as well as how to defend myself effectively when the odds were significantly against me and thought I was pretty damned good at it—until someone did actually try to kill me and caught me completely by surprise. God, instinct, or muscle memory saved my ass as my lights were going out and nothing but basic survival was going through my mind and still don’t remember most of it to this day.

Its been said a lot that everyone has a plan until their nose gets bloodied which is near universally true until its happens enough that you’ve conditioned your mind and reflexes to take certain actions rather than just react naturally, that theory is even more valid when it’s potentially life or death.


199 posted on 01/12/2023 7:17:46 AM PST by Manuel OKelley
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To: Yo-Yo

Nobody trained me to eliminate a threat to myself, and others.

If the bad guy is worth 2 bullets, it’s worth a magazine.


200 posted on 01/12/2023 8:20:56 AM PST by ro_dreaming (Who knew that in 2022 "1984", "Enemy of the State", and "Person of Interest" would be non-fiction?)
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