I'm not well-versed in the legal subtleties but isn't it problematic that the son shot at the suspects as they fled?
Yeah I would say its definitely problematic when armed criminals take your family hostage because now this guy may have some psychological issues for
the rest of his life.
If you're concerned with the legal consequences of killing a retreating, armed, home invader, I guess that would depend on the laws of the state.
Some things that come to mind that may be relevant:
Where exactly is the border line where youre not allowed to shoot at them anymore? If theyre in your room, taking your family hostage, beating,
raping, stealing, you know...just doin their thing... and you reach for your gun when they're not looking and immediately start to aim, proceed to
disarm the safety, pull back the hammer, etc., and before you get a shot off, they all very clearly "notice" that you have a gun and start to escape,
down the hallway, down the stairs, through the kitchen, out the side door, across the drive way, etc...
Are you still allowed to pull the trigger inside the bedroom when they first started to try to get away? I mean, technically, the danger is over,
right? Theyre scared and running, although still inside your house. It would still take almost 15 seconds for them to get all the way outside and even
then theyre still on your property. Are they still considered a threat from a legal standpoint as long as they are still on your property?
Just cause they ran at the sight of a gun, doesnt mean the danger is over with. They could be going to their vehicle to grab a grenade or homemade
explosive to lob in through your window as they leave, to eliminate witnesses cause they are now big time wanted felons if this gets out...
I say dont stop shooting until they stop moving.
Im thinking the law/judge/jury would say that hes good as long as he didnt get into a vehicle to pursue them. I bet you could keep shooting at them
halfway down the street so long as you didn't step TOO far off your property.
Technically he couldve pursued them in a vehicle, he just couldn't continue shooting at them after he entered public streets in his vehicle. (which,
yes, would be as soon as he leaves his own driveway. but some people do have long driveways.)
Although pursuing any criminal is almost always discouraged by police. They don't want us to realize we actually dont need them. Ok we need them, but
we SHOULDN'T need them. The entire community should be an interlocked network of capable, informed people. Its weird that only a very small micro
minority of people are considered capable of stopping crime.
The other thing is, even if he was technically wrong, which I dont think he will be found to be (have they even said his age? im assuming adult over
21, but...?), there would still be some leeway due to the fact that citizens are Not trained and so there is no "right way" to behave when your family
is in immediate danger. There just isn't. He could easily claim some stress, and seeing as how he may suffer PTSD, a jury would hopefully be
sympathetic, but I doubt he would ever be put in front of any jury. Any prosecutor should see this is a dead end case and a waste of taxpayer money.
A POS is dead. We'll just leave it at that. That doesn't take away from the sadness the killers family will experience that they most likely didn't
deserve, and it doesnt take away from the sadness that every single day, people are throwing away their life like this, but what we certainly arent
gonna do is tell this boy hes done something wrong.
Detectives say the remaining two suspects got away in the father's silver Toyota Sienna minivan with Texas license plate DGL-3948.
Beware suspects are considered armed and dangerous...
edit on 4/10/2019 by 3n19m470 because: (no reason given)
4/10/2019 by 3n19m470 because: (no reason given)
If I had a long driveway I would shoot through the windshield like this LV cop. 2min video, skip to the middle, the shooting starts soon after. You
can see he first starts to put his arm out his window then he's like "wtf am i doing? ill just shoot directly through my windscreen! HAHA!"
edit on 4/10/2019 by 3n19m470 because: (no reason given)
Texas law is highly particular to the facts of the case. Yet there is precedent that is someone is fleeing and you cannot identify them (in other
words, they will get away with their crime), that you can shoot them if they've committed a violent felony.
You can also shoot if a reasonable person believes the assailant(s) may return soon to complete the crime. For instance one is heard telling the
other that he is out of ammunition and is going to the car.
There are three basic systems of criminal state law in the US: New York-based, California based,...and Texas.
Texas does not have degrees of murder, for example. TV always gets that wrong. There is murder, and there is capital murder, which means you can get
the death penalty for it. Capital murder is generally committing a murder in the furtherance of a felony. Shooting a guard in the middle of a bank
robbery for example.
All of this matters because Texas law takes a very dim view of brandishing a weapon, and also firing warning shots. Both of these are considered
"deadly conduct" in Texas law. But if someone else has already engaged in deadly conduct, you can pretty much escalate the level of force to life and
So, you can shoot somebody for waving a gun at you. You may still be charged with a a crime, but the legal language is "it is a defense to
prosecution" that the assailant was engaged in deadly conduct, when the gun in your pants fell out and shot him through the eye. You don't just walk
away, but your lawyer can use it as a "defense to prosecution." It all depends on what a grand jury thinks. since Texas still has jury
In NY I believe if the Suspect is running to take cover behind your couch to shoot you and you shoot them in the back you will go to jail because you
can't prove he was not trying to flee and he was hit in the back.
In NY you also have a duty to retreat, so you need to prove you could not run away from your house, or you are also in trouble. If someone is trying
to break into your house the law states you MUST flee and run away. Coming to an American state near you, brought to you by Progressives.
on 13-4-2019 by OccamsRazor04 because: (no reason given)
That whole abandoning your home thing is mind boggling.
Americans are too obese to be expected to flee anyplace. Fight because flight Is not an option.
Old people are already the most vulnerable population. Easy for a predator to hunt them down outside the house.
I don't live anywhere that didn't have a castle doctrine, or something similar. (Texas doesn't have any castles. and you may be in a hotel room or
an RV. Texas law just says "no duty to retreat". The duty being disobeyed is the criminal's duty not to break the law....)
To the point of this thread, Houston/Harris County is about the only place where you see yankee-style home invasions by a stranger in Texas. Houston
and the I-35 corridor is more and more anti-bill of rights.
Cross the Brazos the the west and things get old school real fast. Judge Roy Bean style. I mean, grand juries are liable to use Black's Law
Dictionary (the 1891 version), Leviticus/Deuteronomy, and the Constitution; and skip the rest.
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