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Goog'd TX jury instruction on self-defense:

A person is justified in using deadly force against another if he is justified in using force against the other in self-defense; and when and to the degree he reasonably believes the deadly force is immediately necessary

"Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

Appears to be an objective standard.


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Hard to say exactly what happened in the moment before the shots were fired, but clearly something alarmed the officers as they both moved backwards as the shots were fired almost simultaneously.

Did he say, "now I'm going to carve you up like a Christmas Goose" while lowering his arm? (if that arm was even raised?


In looking at the totality of the circumstances:
-a person with a knife who had used on a female
-a person who is non complaint
-a person who was able to withstand efforts to obtain his compliance by less than lethal force.

Does not seem like it would be unreasonable for an officer to fire one round.



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Originally Posted by ltppowell
Cops don't normally tell somebody to put their hands up, contrary to what TV says. If this guy had a weapon, or was reasonably believed to have one, and moved in the slightest way, he needed shooting.


That's ridiculous. If you can't determine whether or not he was armed at 20 ft, you need to be in the Helen Keller Institute.

Chinese throwing stars would have posed a bigger threat than a knife at that distance.

The scared or panic stricken don't need to wear a badge...or this happens.

They better pray he was holding a grenade or they're toast.

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Originally Posted by Fubarski

"Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

Appears to be an objective standard.
Yes indeed.

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Originally Posted by JohnMoses
Originally Posted by ltppowell
Cops don't normally tell somebody to put their hands up, contrary to what TV says. If this guy had a weapon, or was reasonably believed to have one, and moved in the slightest way, he needed shooting.


That's ridiculous. If you can't determine whether or not he was armed at 20 ft, you need to be in the Helen Keller Institute.

Chinese throwing stars would have posed a bigger threat than a knife at that distance.

The scared or panic stricken don't need to wear a badge...or this happens.

They better pray he was holding a grenade or they're toast.

I don't think you can know the whole story from that video. But what he was or did in the past is one thing, but you had two cops a distance away with two guns leveled on the guy with his hands up. He could have been bad mouthing them a lot, but he was still a distance away with two cops that had him cold with there weapons, clear shots. I think they better have a dang good reason for them taking those shots at that point in time. I didn't see him trying to get back in the house, and the justification part is goona get sticky i think. And yes, i have a long time ago faced similar situations.

Last edited by RoninPhx; 09/02/15.

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I'm hoping like heck there is more too it.

Fact is, If that was an average Joe pulling the trigger under those circumstances, he'd be spending the rest of his life in prison.

From what can be seen in the video, the cops made a very poor decision.

Had that guy been black, 5 cities would be on fire tonight.

It looks terrible on the surface. Damn.

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Point: an everyday citizen would be under an affirmative duty to retreat if he could do so in complete safety to himself. Police are NOT under such obligation. They,once on scene, are obligated to follow the incident through. NO retreat.


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Originally Posted by EvilTwin
Point: an everyday citizen would be under an affirmative duty to retreat if he could do so in complete safety to himself. Police are NOT under such obligation. They,once on scene, are obligated to follow the incident through. NO retreat.
Citizens of the state of Texas have no duty to retreat.

Quote
www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm

PENAL CODE. TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY. ... There is no duty to retreat before using deadly force justified by Subsection (c) or (d).

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Latest updates....

1) Second video reportedly shows perp with knife in hand when hands were raised.

2) At least one, possibly both officers had already deployed their tasers to no effect.

3) Paramedic also on scene reported perp attacking officers, also reported perp announcing intention to have the officers kill him.

http://www.mysanantonio.com/news/lo...-of-fatal-BCSO-6480596.php#photo-8493568

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Originally Posted by Birdwatcher
Latest updates....

1) Second video reportedly shows perp with knife in hand when hands were raised.

2) At least one, possibly both officers had already deployed their tasers to no effect.

3) Paramedic also on scene reported perp attacking officers, also reported perp announcing intention to have the officers kill him.

http://www.mysanantonio.com/news/lo...-of-fatal-BCSO-6480596.php#photo-8493568


So, an eye witness was there that supports the shoot. Non-lethal means had already been used and proven ineffective. The suspect/deceased was also still armed.

That might change things.


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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Originally Posted by 4ager
Originally Posted by Birdwatcher
Latest updates....

1) Second video reportedly shows perp with knife in hand when hands were raised.

2) At least one, possibly both officers had already deployed their tasers to no effect.

3) Paramedic also on scene reported perp attacking officers, also reported perp announcing intention to have the officers kill him.

http://www.mysanantonio.com/news/lo...-of-fatal-BCSO-6480596.php#photo-8493568


So, an eye witness was there that supports the shoot. Non-lethal means had already been used and proven ineffective. The suspect/deceased was also still armed.

That might change things.



Except to the "expurts" here


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If there is indeed another video clearly showing what a "good shoot" this is then the cops are truly baiting for not releasing it, why all of the secrets?

Why wait till the city burns to say see " its all good", we didn't just shoot him.

If they don't have the skills, maybe the news crew could broadcast it for them.


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Originally Posted by jimy
If there is indeed another video clearly showing what a "good shoot" this is then the cops are truly baiting for not releasing it, why all of the secrets?

Why wait till the city burns to say see " its all good", we didn't just shoot him.

If they don't have the skills, maybe the news crew could broadcast it for them.



Because that's how things work with evidence. It doesn't get released immediately


You do know the cops didn't release the first video right?


The government plans these shootings by targeting kids from kindergarten that the government thinks they can control with drugs until the appropriate time--DerbyDude


Whatever. Tell the oompa loompa's hey for me. [/quote]. LtPPowell


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Originally Posted by EvilTwin
Point: an everyday citizen would be under an affirmative duty to retreat if he could do so in complete safety to himself. Police are NOT under such obligation. They,once on scene, are obligated to follow the incident through. NO retreat.


That's fine & dandy, only problem with that is he was not attempting to approach the officers.

So it's a mute point.

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Originally Posted by JohnMoses
Originally Posted by EvilTwin
Point: an everyday citizen would be under an affirmative duty to retreat if he could do so in complete safety to himself. Police are NOT under such obligation. They,once on scene, are obligated to follow the incident through. NO retreat.


That's fine & dandy, only problem with that is he was not attempting to approach the officers.

So it's a mute point.


Unless you're refusing to read it out loud, it'd have to be a moot point.


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your flippant remarks which you so adeptly sling
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Because thats how its done? Really!

That's why the big trust issue keeps coming up, there is no reason as to not end the speculation now, unless there is some thing not to be shown.


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Originally Posted by JohnMoses
Originally Posted by ltppowell
Cops don't normally tell somebody to put their hands up, contrary to what TV says. If this guy had a weapon, or was reasonably believed to have one, and moved in the slightest way, he needed shooting.


That's ridiculous. If you can't determine whether or not he was armed at 20 ft, you need to be in the Helen Keller Institute.

Chinese throwing stars would have posed a bigger threat than a knife at that distance.

The scared or panic stricken don't need to wear a badge...or this happens.

They better pray he was holding a grenade or they're toast.


I have news for you. If you have just cut somebody up and are standing 20' away from a cop with a knife...you better not twitch, 'cause killing you will be justified.


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Originally Posted by ltppowell
Originally Posted by JohnMoses
Originally Posted by ltppowell
Cops don't normally tell somebody to put their hands up, contrary to what TV says. If this guy had a weapon, or was reasonably believed to have one, and moved in the slightest way, he needed shooting.


That's ridiculous. If you can't determine whether or not he was armed at 20 ft, you need to be in the Helen Keller Institute.

Chinese throwing stars would have posed a bigger threat than a knife at that distance.

The scared or panic stricken don't need to wear a badge...or this happens.

They better pray he was holding a grenade or they're toast.


I have news for you. If you have just cut somebody up and are standing 20' away from a cop with a knife...you better not twitch, 'cause killing you will be justified.


20 feet is about a second and a half sprint.


You didn't use logic or reason to get into this opinion, I cannot use logic or reason to get you out of it.

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Originally Posted by jimy
Because thats how its done? Really!

That's why the big trust issue keeps coming up, there is no reason as to not end the speculation now, unless there is some thing not to be shown.




Unfortunately this is real life, not an episode episode of Law and order or NCIS where evidence is found, processed and dispositions made all within an hours time-span

That video will be reviewed by an forensic scientist for verification and authenticity, it will be broken down and dissected by investigators numerous times to see if it corroborate with statements and myriad of other things. Those all take time AND precidence over public outcry or perceived trust issues


The government plans these shootings by targeting kids from kindergarten that the government thinks they can control with drugs until the appropriate time--DerbyDude


Whatever. Tell the oompa loompa's hey for me. [/quote]. LtPPowell


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Originally Posted by jimy
Because thats how its done? Really!

That's why the big trust issue keeps coming up, there is no reason as to not end the speculation now, unless there is some thing not to be shown.


Are you a girl ?

if not,....

You strike me as the type of cat (puzzy) that would complain about your ice cream being too goddam cold.

WTF do you LIVE, anyway ?

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