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What “precedents” would those be?? Rawhide 1876?? Eastwood vs. Koreans 2002??
You can use “force” to remove trespassers in Texas, NOT “deadly force”. Otherwise, you have to show proof that arson/burglary/physical violence was about to occur or believed to have been about to occur.
The victim was KNOWN, he hadn’t threatened VIOLENCE, he hadn’t ASSAULTED anyone (other than verbally).
“Hey! I’ll just walk inside, grab a gun, and see if THAT makes the situation better!” While the ex-wife sits there, calmly on her phone, showing no concern for her safety (because she KNOWS he’s just yelling, and has a REASON to be doing so).
You're just plain dumb. So now Read committing Assault & Battery on Carruth is not Assault & Battery. A hostile threat in your face, and then physically being thrown across the yard.....no assault. Don't ever serve on a jury. You're too blind and dumb for the defendant to get a fair trial. Go read about “Escalation” (that’s a real term in Texas law) and get back to us. Where was the “assault” BEFORE the boyfriend ESCALATED the argument by bringing a GUN to a VERBAL ARGUMENT?? (Hint: There was none.) Fer crying out loud....
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Sounds like you'd shoot the paper boy based on your rambling unhinged response You're a good closet commie with your gaslighting, and zero facts.
"He is far from Stupid"
”person, who happens to have an above-average level of intelligence”
– DocRocket (In reference to ElkSlayer91)
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
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I got banned on another web site for a debate that happened on this site. That's a first
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Campfire Ranger
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Voluntary manslaughter, based on the videos alone.
~Molɔ̀ːn Labé Skýla~
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Campfire Oracle
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Campfire Oracle
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If you take the time it takes, it takes less time. --Pat Parelli
American by birth; Alaskan by choice. --ironbender
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Campfire Outfitter
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"Don't believe everything you see on the Internet" - Abraham Lincoln
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This time next year he will be eating penis with a side of cock in prison for thanksgiving. Lolol. I tend to think this will be the case, but there are arguments to be made to the contrary. Will be interesting to see how it shakes out. Sucks it came to that, if either of these idiots had chilled out just a little bit, neither would be where they are right now.
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Aaaaw heck, now Elky is a freaking Texas law and use of force expert.
😂🤣😂🤣😂🤣
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Maybe, but I wouldn't bet on it.
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“ You were not otherwise engaged in criminal activity, other than a Class C misdemeanor involving a traffic violation.”
“ c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.”
Also note, the ex-wife (and perhaps, by extension, the boyfriend) were in violation of a CLASS B misdemeanor (contempt of court, punishable up to 6 months in prison) by violating a family court order to have the kids there at the appointed time.
It’s likely only the MOM that was violating, but you can’t conduct “criminal activity” against someone (Dad), then act like you’ve got the right to shoot them when they get angry about it. (This would definitely be an issue if MOM had shot him).
Also, was Dad “provoked” (certainly by bringing out the gun, but by the commission of a CLASS B misdemeanor, that in some ways, boyfriend was “accessory” to(not having kids there)... Did boyfriend help Mom/know beforehand she was violating court order??
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Campfire Ranger
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Campfire Ranger
Joined: Mar 2010
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Aaaaw heck, now Elky is a freaking Texas law and use of force expert.
😂🤣😂🤣😂🤣 Did he ever pay up on his boast of a 400 yard drive with a persimmon 3 wood? Of course the idiot invoked the castle doctrine without understanding it lol
Last edited by ribka; 11/29/21.
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What “precedents” would those be?? Rawhide 1876?? Eastwood vs. Koreans 2002??
You can use “force” to remove trespassers in Texas, NOT “deadly force”. Otherwise, you have to show proof that arson/burglary/physical violence was about to occur or believed to have been about to occur.
The victim was KNOWN, he hadn’t threatened VIOLENCE, he hadn’t ASSAULTED anyone (other than verbally).
“Hey! I’ll just walk inside, grab a gun, and see if THAT makes the situation better!” While the ex-wife sits there, calmly on her phone, showing no concern for her safety (because she KNOWS he’s just yelling, and has a REASON to be doing so).
You're just plain dumb. So now Read committing Assault & Battery on Carruth is not Assault & Battery. A hostile threat in your face, and then physically being thrown across the yard.....no assault. Don't ever serve on a jury. You're too blind and dumb for the defendant to get a fair trial. Go read about “Escalation” (that’s a real term in Texas law) and get back to us. Where was the “assault” BEFORE the boyfriend ESCALATED the argument by bringing a GUN to a VERBAL ARGUMENT?? (Hint: There was none.) Fer crying out loud.... Read was ordered to leave > Illegal Trespassing > (Carruth brings gun out) > Assault & Battery > Dead Read escalated the scene before the gun came out....or can't you comprehend facts?
"He is far from Stupid"
”person, who happens to have an above-average level of intelligence”
– DocRocket (In reference to ElkSlayer91)
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Campfire Tracker
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Joined: Jun 2008
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What “precedents” would those be?? Rawhide 1876?? Eastwood vs. Koreans 2002??
You can use “force” to remove trespassers in Texas, NOT “deadly force”. Otherwise, you have to show proof that arson/burglary/physical violence was about to occur or believed to have been about to occur.
The victim was KNOWN, he hadn’t threatened VIOLENCE, he hadn’t ASSAULTED anyone (other than verbally).
“Hey! I’ll just walk inside, grab a gun, and see if THAT makes the situation better!” While the ex-wife sits there, calmly on her phone, showing no concern for her safety (because she KNOWS he’s just yelling, and has a REASON to be doing so).
You're just plain dumb. So now Read committing Assault & Battery on Carruth is not Assault & Battery. A hostile threat in your face, and then physically being thrown across the yard.....no assault. Don't ever serve on a jury. You're too blind and dumb for the defendant to get a fair trial. Go read about “Escalation” (that’s a real term in Texas law) and get back to us. Where was the “assault” BEFORE the boyfriend ESCALATED the argument by bringing a GUN to a VERBAL ARGUMENT?? (Hint: There was none.) Fer crying out loud.... Read was ordered to leave > Illegal Trespassing > (Carruth brings gun out) > Assault & Battery > Dead Read escalated the scene before the gun came out....or can't you comprehend facts? Read was ordered to leave (was doing nothing but yelling and simple trespass)-> Boyfriend leaves, GETS GUN-> ESCALATES situation (for which “deadly force” was not previously an option-> Dad defends himself from guy firing warning shots-> Boy friend kills Dad in altercation that BOYFRIEND “escalated”-> MANSLAUGHTER “Ima getta (currently nonexistent) gun for a guy hollarin’ in my yard”->ESCALATION “Ima getta gun for a guy beating up my girlfriend”-> Legitimate use deadly force Is that simple enough for you??
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Campfire Regular
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Campfire Regular
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What “precedents” would those be?? Rawhide 1876?? Eastwood vs. Koreans 2002??
You can use “force” to remove trespassers in Texas, NOT “deadly force”. Otherwise, you have to show proof that arson/burglary/physical violence was about to occur or believed to have been about to occur.
The victim was KNOWN, he hadn’t threatened VIOLENCE, he hadn’t ASSAULTED anyone (other than verbally).
“Hey! I’ll just walk inside, grab a gun, and see if THAT makes the situation better!” While the ex-wife sits there, calmly on her phone, showing no concern for her safety (because she KNOWS he’s just yelling, and has a REASON to be doing so).
You're just plain dumb. So now Read committing Assault & Battery on Carruth is not Assault & Battery. A hostile threat in your face, and then physically being thrown across the yard.....no assault. Don't ever serve on a jury. You're too blind and dumb for the defendant to get a fair trial. Go read about “Escalation” (that’s a real term in Texas law) and get back to us. Where was the “assault” BEFORE the boyfriend ESCALATED the argument by bringing a GUN to a VERBAL ARGUMENT?? (Hint: There was none.) Fer crying out loud.... Read was ordered to leave > Illegal Trespassing > (Carruth brings gun out) > Assault & Battery > Dead Read escalated the scene before the gun came out....or can't you comprehend facts? Escalation of the situation by refusal to leave is not the same thing as escalating with a firearm. Walking inside to grab a gun and come back out was a mistake, plain and simple. Cops should have been called and let them sort it out. By dragging a gun into the situation, Carruth turned a verbal altercation where no violence was threatened into an armed conflict. Read should have left, Carruth should have never grabbed a gun. And Carruth deserves every charge he gets for being a [bleep] moron, and for making gun owners look like unhinged [bleep] who are just hankering to kill someone.
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Campfire Outfitter
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What “precedents” would those be?? Rawhide 1876?? Eastwood vs. Koreans 2002??
You can use “force” to remove trespassers in Texas, NOT “deadly force”. Otherwise, you have to show proof that arson/burglary/physical violence was about to occur or believed to have been about to occur.
The victim was KNOWN, he hadn’t threatened VIOLENCE, he hadn’t ASSAULTED anyone (other than verbally).
“Hey! I’ll just walk inside, grab a gun, and see if THAT makes the situation better!” While the ex-wife sits there, calmly on her phone, showing no concern for her safety (because she KNOWS he’s just yelling, and has a REASON to be doing so).
You're just plain dumb. So now Read committing Assault & Battery on Carruth is not Assault & Battery. A hostile threat in your face, and then physically being thrown across the yard.....no assault. Don't ever serve on a jury. You're too blind and dumb for the defendant to get a fair trial. Go read about “Escalation” (that’s a real term in Texas law) and get back to us. Where was the “assault” BEFORE the boyfriend ESCALATED the argument by bringing a GUN to a VERBAL ARGUMENT?? (Hint: There was none.) Fer crying out loud.... I carry all the time. Does that escalate any argument I may get into? The escalation happened when Read started pushing Carruth around and daring him to shoot him. However after finding that Carruth was only shacking up at his girlfriends house I don't see how he had any right to ask Read to leave in the first place. Further Carruth could have waited for Read to advance on him again after being tossed off the porch to give another verbal warning. When they separated I didn't see that Carruth was any imminent danger. If I were the prosecutor I would make these points. Still 50/50 in my opinion that a jury would convict. Suppose they put 6 women on the jury? Seems very odd that Reads new wife and his ex wife were so calm during the incident. I also don't understand why it matters when Read assaulted Carruth? Before or after Carruth armed himself it was still an assault. Carruth never made any attempt to harm or touch Read before he was pushed around. Read could have easily gone and sat in his car to wait for his kid. Carruth could have gone inside and watched TV also. Before Read showed up yelling at his ex there was no problem. If Read had been polite there would have been no problem. If the ex had the kid ready when he got there no one would have been hurt. Carruth may have been stressed out due to his divorce becoming final and Reads comment may have pushed him over the edge. Who knows but there is absolutely no assurance Carruth will go to jail over this. I would like to see it go to trial and the trial be televised.
Last edited by rickt300; 11/29/21.
Dog I rescued in January
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“ You were not otherwise engaged in criminal activity, other than a Class C misdemeanor involving a traffic violation.”
“ c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.”
Also note, the ex-wife (and perhaps, by extension, the boyfriend) were in violation of a CLASS B misdemeanor (contempt of court, punishable up to 6 months in prison) by violating a family court order to have the kids there at the appointed time.
It’s likely only the MOM that was violating, but you can’t conduct “criminal activity” against someone (Dad), then act like you’ve got the right to shoot them when they get angry about it. (This would definitely be an issue if MOM had shot him).
Also, was Dad “provoked” (certainly by bringing out the gun, but by the commission of a CLASS B misdemeanor, that in some ways, boyfriend was “accessory” to(not having kids there)... Did boyfriend help Mom/know beforehand she was violating court order?? Learn to read, and understand what the meaning of the words are, and how they apply in a case. Child custody is a civil matter not "CRIMINAL", therefore NO criminal activity was used to "PROVOKE" as the law states above. Reading comprehension is your friend. KEY POINT: Where is it stated in your posting of the LAW that a person has no RIGHT to obtain the tools to use Deadly Force if needed? Think now. This is a tough one for you.
"He is far from Stupid"
”person, who happens to have an above-average level of intelligence”
– DocRocket (In reference to ElkSlayer91)
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2006
Posts: 46,240 Likes: 14 |
Sounds like you'd shoot the paper boy based on your rambling unhinged response.
What did you expect? The price of lithium has gone through the roof.
A wise man is frequently humbled.
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Campfire Tracker
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What “precedents” would those be?? Rawhide 1876?? Eastwood vs. Koreans 2002??
You can use “force” to remove trespassers in Texas, NOT “deadly force”. Otherwise, you have to show proof that arson/burglary/physical violence was about to occur or believed to have been about to occur.
The victim was KNOWN, he hadn’t threatened VIOLENCE, he hadn’t ASSAULTED anyone (other than verbally).
“Hey! I’ll just walk inside, grab a gun, and see if THAT makes the situation better!” While the ex-wife sits there, calmly on her phone, showing no concern for her safety (because she KNOWS he’s just yelling, and has a REASON to be doing so).
You're just plain dumb. So now Read committing Assault & Battery on Carruth is not Assault & Battery. A hostile threat in your face, and then physically being thrown across the yard.....no assault. Don't ever serve on a jury. You're too blind and dumb for the defendant to get a fair trial. Go read about “Escalation” (that’s a real term in Texas law) and get back to us. Where was the “assault” BEFORE the boyfriend ESCALATED the argument by bringing a GUN to a VERBAL ARGUMENT?? (Hint: There was none.) Fer crying out loud.... I carry all the time. Does that escalate any argument I may get into? The escalation happened when Read started pushing Carruth around and daring him to shoot him. However after finding that Carruth was only shacking up at his girlfriends house I don't see how he had any right to ask the Read to leave in the first place. Further Carruth could have waited for Read to advance on him again after being tossed off the porch to give another verbal warning. When they separated I didn't see that Carruth was any imminent danger. If I were the prosecutor I would make these points. Still 50/50 in my opinion that a jury would convict. Suppose they put 6 women on the jury? Seems very odd that Reads new wife and his ex wife were so calm during the incident. I also don't understand why it matters when Read assaulted Carruth? Before or after Carruth armed himself it was still an assault. Carruth never made any attempt to harm or touch Read before he was pushed around. Read could have easily gone and sat in his car to wait for his kid. Carruth could have gone inside and watched TV also. Before Read showed up yelling at his ex there was no problem. If Read had been polite there would have been no problem. If the ex had the kid ready when he got there no one would have been hurt. Carruth may have been stressed out due to his divorce becoming final and Reads comment may have pushed him over the edge. Who knows but there is absolutely no assurance Carruth will go to jail over this. I would like to see it go to trial and the trial be televised. Having a visible gun on your person, at the time he showed up (in fear of violence) might of been one thing. Going back in house to RETRIEVE a gun, in a situation where YOU and ex-girlfriend already made a decision to leave the physical protection of the home (was he a deadly threat if you walked out in the yard with him, unarmed?), when all Dad has done is scream about going to court (he didn’t threaten to beat up ex)??? THAT is where boyfriend “took it a step further” (escalation).
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“ You were not otherwise engaged in criminal activity, other than a Class C misdemeanor involving a traffic violation.”
“ c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.”
Also note, the ex-wife (and perhaps, by extension, the boyfriend) were in violation of a CLASS B misdemeanor (contempt of court, punishable up to 6 months in prison) by violating a family court order to have the kids there at the appointed time.
It’s likely only the MOM that was violating, but you can’t conduct “criminal activity” against someone (Dad), then act like you’ve got the right to shoot them when they get angry about it. (This would definitely be an issue if MOM had shot him).
Also, was Dad “provoked” (certainly by bringing out the gun, but by the commission of a CLASS B misdemeanor, that in some ways, boyfriend was “accessory” to(not having kids there)... Did boyfriend help Mom/know beforehand she was violating court order?? Learn to read, and understand what the meaning of the words are, and how they apply in a case. Child custody is a civil matter not "CRIMINAL", therefore NO criminal activity was used to "PROVOKE" as the law states above. Reading comprehension is your friend. KEY POINT: Where is it stated in your posting of the LAW that a person has no RIGHT to obtain the tools to use Deadly Force if needed? Think now. This is a tough one for you. “KEY POINT: Where is it stated in your posting of the LAW that a person has no RIGHT to obtain the tools to use Deadly Force if needed?” When obtaining such item (tools)for an offense that doesn’t warrant “deadly force”, per law (simple trespass). ESCALATION.... I DON’T have a right to show off a weapon, in my own car, at someone, just because they cut me off. I can HAVE the weapon, but once I go showing it in a threatening manner (pointing it or firing warning shots) I have ESCALATED the situation...
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Escalation of the situation by refusal to leave is not the same thing as escalating with a firearm. Walking inside to grab a gun and come back out was a mistake, plain and simple. Cops should have been called and let them sort it out. By dragging a gun into the situation, Carruth turned a verbal altercation where no violence was threatened into an armed conflict. Read should have left, Carruth should have never grabbed a gun. And Carruth deserves every charge he gets for being a [bleep] moron, and for making gun owners look like unhinged [bleep] who are just hankering to kill someone. Your bold goes against his GOD GIVEN CONSTITUTIONAL RIGHT "TO BEAR ARMS". HE HAS THE LEGAL RIGHT TO OBTAIN A GUN ANYTIME HE DAMN WELL PLEASES ON PROPERTY HE IS PERMITTED ON.
"He is far from Stupid"
”person, who happens to have an above-average level of intelligence”
– DocRocket (In reference to ElkSlayer91)
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