Texas law is pretty clear on these issues and dad clearly advanced on the little guy.
Dad also verbalized that he would take the weapon from little guy and fugk him with it. Which would easily be interpreted as a threat of deadly force by most people.
Dad made two overt motions to grab the weapon. He was shot the second time.
Even if arrested and charged, Texas jury isn’t going to convict based on that video.
I don't know Texas law, and I certainly agree that dad clearly advanced on the shooter, threatened to take the weapon away from the shooter, and even attempted to take it. What I am wondering is whether Texas law authorizes a home occupant to point a firearm at a verbally irate person who does not leave his property upon the home occupant's request, because the issue of who is the aggressor could be determined based on that point rather than at the point where dad goes after the shooter. If home occupant was legally justified to point the gun, dad was the aggressor. If not, home occupant may be considered the initial aggressor for pointing the gun (ordinarily considered aggravated assault unless justifiable) and dad may have a right of self-defense which could include taking the gun away. (Dad did not step on the porch until after home occupant swung the rifle past dad.) I also agree that, at least around here, these cases are hard to get a conviction on an intentional homicide charge.
That’s exactly where he fuqked up. You can’t point a gun at someone over verbal argument. Like I mentioned in my above post, he became the Aggressor at that point. And that’s gonna come back and bite him in the ass.
The verbal argument was over the minute the guy told him to leave his property. Watch the video, the gun was not pointed at "Dad" until he was shot.
I watched it. There’s no audio to the clip I watched. He still fuqked up by retrieving his rifle. TX Law has no justification for that. He brought a rifle to a verbal dispute, and at that point became the Aggressor. You can’t threaten someone with Deadly Force unless the Justification For Deadly Force has been Met. You can’t use Deadly Force or threaten Deadly Force for Trespassing in TX. His only Justification would have been if he was in fear for his life, or he life of another.
As CHL says, the guy is lucky he is in Lubbock, and not Austin. Dad “trespassing” is not enough to justify the gun, doesn’t matter what some of you guys think, that’s the LAW. His only “justification” for leaving a VERBAL argument, going BACK in the house to get a gun, and bring it OUTSIDE, is IF he can prove his girlfriend was about to get killed/beat. Boyfriend would NOT have been in the situation if he hadn’t come BACK outside with the gun. He was SAFE inside the house, and ESCALATED the situation when he came back out.
Yet if the dead guy had followed the property owners legal command to leave the property he wouldn't be dead would he? Funny how the dead guy pushing the smaller guy across his porch to you is nothing more than trespassing.
I saw a guy doing nothing but trespassing and running his mouth, UNTIL boyfriend went inside and brought a gun OUT. Trespassing and yelling is not grounds for deadly force in Texas.
He didn’t “push him across the porch” until he came back out with a gun.
