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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
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Steve4102, I never said he was a thief, just making an unrelated point
I got banned on another web site for a debate that happened on this site. That's a first
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
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What does TX statutory law say about a situation such as this?
Basically, what does TX law say about use of deadly force against an unarmed but dangerous violent trespasser that refused to leave?
I don't know about Texas, but most states allow all non-lethal force needed to expel a reluctant-to-leave trespasser, but not lethal. Of course this situation went beyond trespass when the trespasser got right into the armed man's face after told to back off. He also threatened to take his gun from him, which is a verbal threat combined with aggressive body language up in his face. Seems like a good shoot, though tragic all around.
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Campfire Regular
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Campfire Regular
Joined: Jun 2012
Posts: 1,624 |
What does TX statutory law say about a situation such as this?
Basically, what does TX law say about use of deadly force against an unarmed but dangerous violent trespasser that refused to leave?
Texas law allows the use of deadly force to stop a thief Daytime can be a little different. If he's running away, you have to call the cops. Night time...it's game on.
Last edited by Chisos; 11/27/21.
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Campfire Tracker
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OP
Campfire Tracker
Joined: Aug 2003
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IDK Texas law but according to some reports, the shooters lawyer is citing “castle doctrine”.
As a side, it might be a good idea to refresh on your own state laws. Here, the shooter is going to jail.
Decades of voting for the lesser of two evils has gotten us just that.....
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Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,663 Likes: 15 |
There were many mistakes that lead to that guy's death.
He should have left when told to.
Gun should have been left in the house, and the police called.
Never fire a warning shot.
When someone has a gun and tells you to leave their property... Leave. Don't assault the gun guy and try to get the gun away from him.
I'm pretty sure the grand jury will true bill the shooter, depending on the DA's recommendation.
Molɔ̀ːn Labé Skýla!
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,939 Likes: 1 |
What does TX statutory law say about a situation such as this?
Basically, what does TX law say about use of deadly force against an unarmed but dangerous violent trespasser that refused to leave?
Texas law allows the use of deadly force to stop a thief Daytime can be a little different. If he's running away, you have to call the cops. Night time...it's game on. Time of day is irrelevant June 30, 2008— -- A Texas man who shot and killed two men he believed to be burglarizing his neighbor's home won't be going to trial. A grand jury today failed to indict Joe Horn, a 61-year-old computer technician who lives in an affluent subdivision in Pasadena, Texas. In the Lone Star state, where the six-gun tamed the frontier, shooting bad guys is a time-honored tradition, and Horn's case centered on a Texas state law based on the old idea that "a man's home is his castle." The "castle law" gives Texans unprecedented legal authority to use deadly force in their homes, vehicles and workplaces. And no longer do they have an obligation to retreat, if possible, before they shoot. https://abcnews.go.com/amp/TheLaw/story?id=5278638&page=1#aoh=16380228200582&referrer=https%3A%2F%2Fwww.google.com&_tf=From%20%251%24s
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Apr 2005
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,939 Likes: 1 |
There were many mistakes that lead to that guy's death.
He should have left when told to.
Gun should have been left in the house, and the police called.
Never fire a warning shot.
When someone has a gun and tells you to leave their property... Leave. Don't assault the gun guy and try to get the gun away from him.
I'm pretty sure the grand jury will true bill the shooter, depending on the DA's recommendation. I doubt he even goes before a gran jury and if he does he walks
I got banned on another web site for a debate that happened on this site. That's a first
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2004
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Does “in the home” include outside on the porch or in the yard?
Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
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Does “in the home” include outside on the porch or in the yard? Yes
I got banned on another web site for a debate that happened on this site. That's a first
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Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,663 Likes: 15 |
What does TX statutory law say about a situation such as this?
Basically, what does TX law say about use of deadly force against an unarmed but dangerous violent trespasser that refused to leave?
Texas law allows the use of deadly force to stop a thief Daytime can be a little different. If he's running away, you have to call the cops. Night time...it's game on. Time of day is irrelevant June 30, 2008— -- A Texas man who shot and killed two men he believed to be burglarizing his neighbor's home won't be going to trial. A grand jury today failed to indict Joe Horn, a 61-year-old computer technician who lives in an affluent subdivision in Pasadena, Texas. In the Lone Star state, where the six-gun tamed the frontier, shooting bad guys is a time-honored tradition, and Horn's case centered on a Texas state law based on the old idea that "a man's home is his castle." The "castle law" gives Texans unprecedented legal authority to use deadly force in their homes, vehicles and workplaces. And no longer do they have an obligation to retreat, if possible, before they shoot. https://abcnews.go.com/amp/TheLaw/story?id=5278638&page=1#aoh=16380228200582&referrer=https%3A%2F%2Fwww.google.com&_tf=From%20%251%24s That ABC News story is a full crock of BS. The MSM is villianizing the Castle Doctrine. Time of day is completely relevant in Texas. As are a few other details. As in being in fear for your life. The shot guy may have done that when he tried to wrestle the gun from the other guy. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41 ; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
Molɔ̀ːn Labé Skýla!
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Joined: Dec 2013
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2013
Posts: 44,435 Likes: 8 |
The guy was in no danger when he fired on the guy. This time next year he will be eating penis with a side of cock in prison for thanksgiving.
And just think, all he had to do was step away and take a deep breath but nope. You're definitely no legal scholar 'Nother dumbass sockpuppet troll. The guy who got shot died by dumbassery himself. When has it ever been a good idea to not leave private property when told to, or to assault & try and take a gun away from someone expelling you from said property? I agree with a major case of dumbass for all the players in that event. But I don't think the event had risen to the point that deadly force was warranted. I suspect a jury will agree. It's Texas. Don't bet your wad on it.
Slaves get what they need. Free men get what they want. Rehabilitation is way overrated. Orwell wasn't wrong. GOA member disappointed NRA member 24HCF SEARCH
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Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2005
Posts: 10,293 Likes: 1 |
I'm betting the 'outcome' will hinge on the point when dead guy stepped up onto the porch.............. It went from trespass to trespass of an occupied dwelling....
Last edited by Muffin; 11/27/21.
"...A man's rights rest in three boxes: the ballot box, the jury box and the cartridge box..." Frederick Douglass, 1867
( . Y . )
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Campfire Outfitter
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Campfire Outfitter
Joined: Jun 2003
Posts: 10,596 Likes: 1 |
I'm going with this. What the family court system has systematically and by design done to this country is probably the worst thing that has ever been done to the people of this country. This isn't about the court system. This is about adults failing to act responsibly in the best interest of their children. Lawyers, cops and courts can't fix that, although lawyers and cops get a lot of calls about these incidents. I can't speak to Texas self-defense law. Around here, the castle doctrine would not apply because it took place outside. Also, it would not appear that the person shot would be covered by our "stand your ground" law because he did not appear to be lawfully present. But, it does not mean that general self-defense law would not be applicable. It may turn on whether it is reasonable to point a firearm at someone to persuade him to "get off your lawn." I hope it was worth it for the shooter and mom. If the shooter gets jammed up bad in criminal proceedings, mom can simply move on and daddy is now dead. Of course, the "res" or objects in dispute, the children, lose big time because of 3 (or 4, stepmom wasn't helping) idiot adults.
"Don't believe everything you see on the Internet" - Abraham Lincoln
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Joined: Dec 2005
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Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2005
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I'm going with this. What the family court system has systematically and by design done to this country is probably the worst thing that has ever been done to the people of this country. This isn't about the court system. This about adults failing to act responsibly in the best interest of their children. Lawyers, cops and courts can't fix that, although lawyers and cops get a lot of calls about these incidents. I can't speak to Texas self-defense law. Around here, the castle doctrine would not apply because it took place outside. Also, it would not appear that the person shot would be covered by our "stand your ground" law because he did not appear to be lawfully present. But, it does not mean that general self-defense law would not be applicable. It may turn on whether it is reasonable to point a firearm at someone to persuade him to "get off your lawn." I hope it was worth it for the shooter and mom. If the shooter gets jammed up bad in criminal proceedings, mom can simply move on and daddy is now dead. Of course, the "res" or objects in dispute, the children, lose big time because of 3 (or 4, stepmom wasn't helping) idiot adults. Except the guy is dead ON THE PORCH..................
"...A man's rights rest in three boxes: the ballot box, the jury box and the cartridge box..." Frederick Douglass, 1867
( . Y . )
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2009
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Just glad to see that none of my cousins were involved in this escapade.
Founder
Ancient Order of the 1895 Winchester
"Come, shall we go and kill us venison?
And yet it irks me the poor dappled fools,
Being native burghers of this desert city,
Should in their own confines with forked heads
Have their round haunches gored."
WS
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Campfire Outfitter
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Campfire Outfitter
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Just an observation......... After dead guy is laying on the porch... No one seems overly distraught!!!!
NO 'Oh my God'
NO 'Wailing uncontrollably'
Just an 'I got this on video'
????
"...A man's rights rest in three boxes: the ballot box, the jury box and the cartridge box..." Frederick Douglass, 1867
( . Y . )
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Campfire Ranger
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Campfire Ranger
Joined: Jun 2008
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What the family court system has systematically and by design done to this country is probably the worst thing that has ever been done to the people of this country. This isn't about the court system. This is about adults failing to act responsibly in the best interest of their children. Lawyers, cops and courts can't fix that, although lawyers and cops get a lot of calls about these incidents. I disagree wholeheartedly. The family court system and the powers that be have purposely created a system in this country that promotes the destruction of families. And they’ve been absolutely successful in doing so
Every day on this side of the ground is a win.
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Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,663 Likes: 15 |
Just glad to see that none of my cousins were involved in this escapade. 
Molɔ̀ːn Labé Skýla!
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Campfire Regular
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Campfire Regular
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IDK Texas law but according to some reports, the shooters lawyer is citing “castle doctrine”.
As a side, it might be a good idea to refresh on your own state laws. Here, the shooter is going to jail. As a side, it might be a good idea for you read our laws before you start throwing out suggestions. I cited one part of our law pertaining to when deadly force is NOT acceptable concerning theft. This situation is pure castle doctrine, which by the way in Texas, not only applies to your property but also to your car. Dude should have left after repeated warnings. Unfortunately, he got stupid and decided to walk up and go nose to nose on the porch with a home owner holding a gun. Since Lubbock does not have a Soros DA, I can't see this even getting past the grand jury.
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Campfire Ranger
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Campfire Ranger
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Pretty sure in TX all homocides go before a grand jury?
“Life is life and fun is fun, but it's all so quiet when the goldfish die.”
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