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Nerves of steel award goes to the dude sitting by the juke box. He was directly behind the bad guy when lead starts flying and he never flinched.


Wonder how the food is there. ?

Last edited by muleshoe; 01/11/23.

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Originally Posted by muleshoe
Wonder how the food is there. ?

I heard it's to die for. Killer grub.


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Haha


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Originally Posted by muleshoe
Nerves of steel award goes to the dude sitting by the juke box. He was directly behind the bad guy when lead starts flying and he never flinched.


Wonder how the food is there. ?
Chick I know who lives in Houston said she and her family eat there on occasion and the food is decent.


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If I ever get to Houston I'll drop in for the "coup de grace" special.


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Hopeful the Mexican Mafia will fix the DA

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Heat of the moment. All happened so fast, and he was wired.

Also a basically untrained civilian.

Who could indict?


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Originally Posted by rockinbbar
Originally Posted by ltppowell
Originally Posted by bluefish
Originally Posted by WMR
Originally Posted by Joel/AK
In tx, even self defense shoots go in front of grand jury?

They use the broad definition of homicide doesn't matter if a legal killing or not?

I think homocide just means one person killing another. Legality is another matter entirely.

By definition homicide.is.the unlawful killing of one person by another thus, illegality is backed right in. The last shot will be the one that gets the guy in trouble, if at all. Typically, deployment and application of lethal force in defense of self or others ends as a legal shield when the threat ends. The State will argue to the grand jury that when the final shot was delivered the threat had already ended. He did light him up pretty good. The other side of it then would be a later defense where evidence may be introduced in the form of ME testimony demonstrating perp was either already dead or fatally wounded by time of last shot and would have died anyway. I hope he walks. As they say, FAFO.

No. "Homicide" means the death of an individual by another with culpability, including justifiable. This excludes accidental death.

And yes, the all go to Grand Jury in Texas.

I'd hate to have that bitch, Kim Ogg driving the grand jury... eek

Correct. Therein lies the rub. HOW it's presented to the jury is the way that politicians corrupt the system.


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Originally Posted by BuckHaggard
The perp got what he deserved, but the shooter made some really bad decisions at the end of the ordeal.

"End of the ordeal" was some time after the last shot.

You really think that fellow was able to switch off, just like that?

Maybe after your 5th such shooting. Maybe.


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Originally Posted by Tarbe
Heat of the moment. All happened so fast, and he was wired.

Also a basically untrained civilian.

Who could indict?

That's my take as well. Who could say how any of us would act? It's easy to second guess at home in front of the computer. IIRC, no defense is present at the grand jury, so the right group might still indict.

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Originally Posted by Tarbe
Heat of the moment. All happened so fast, and he was wired.

Also a basically untrained civilian.

Who could indict?
That would be the argument, but the prosecutor would need to make that argument, since a grand jury is a non-adversarial system, i.e., the defense doesn't get to argue its position to its members. Only the prosecutor does. That's why prosecutors say they can indict a ham sandwich. If that argument is going to be made, it would have to be made by a defendant-sympathetic prosecutor.

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Originally Posted by The_Real_Hawkeye
Originally Posted by nimblehunter
Originally Posted by Orion2000
Originally Posted by Idaho_Shooter
If on the jury, I would only want to know: Did the diner shoot until the threat was neutralized?

+2 ...
+2 here also
He did that, and beyond. It's the "and beyond" part that the grand jury might have difficulty with.
Bullschitt, this is not the same as the Claude Dallas vs Pogue thing, where Dallas walked away from the scene and returned with a rifle to deliver the kill shots to their brains.

This was one continuous action/reaction.

Over kill is no more a crime than is the kill. Justified is justified.


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The poor guy was just getting his life together. Went in for a taco, and well ..........


The shooter looks to be a whitey, the poor guy trying to get his life in order looks to be a fellow of color. Trouble...


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Pretty easy to arm chair quarter back.

The shooter is lucky he is in Texas. Had he shot a robber in the back in many states, he would be looking at life without.


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Had rigor mortis set in? No.

Was there dependent lividity? No.

Was there decomposition? No.

Was the perp sans head? As in decapitated? No.



No?! Then you keep shooting! Go to the pickup for more ammo if you have to.


You have to be sure.....


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Originally Posted by Idaho_Shooter
Over kill is no more a crime than is the kill. Justified is justified.
I'm with you. I merely stated that a grand jury might have difficulty with it, especially if primed in that direction by a liberal prosecutor who will have uncontradicted access to them prior to their ruling.

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If ya evah' in Houston... Boy ya betta' Do Rite... Ya betta' Not Gamble... Stealin' Taco's wid ya Life... Let the Midnight Special... Shine it's lite on you... Let the Midnight Special... Shine it's Evah Lovin' Lite on You!...

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Unfortunately this happened in Harris County. It will go to Grand Jury and then to trial.

If in Montgomery County, it wouldn't go to trial.

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Originally Posted by BuckHaggard
Originally Posted by Dave_Spn
Originally Posted by BuckHaggard
Originally Posted by mathman
Originally Posted by 1minute
Sound like a clean shoot.

Some weenie will piss and moan about the coup de grace shot.

It's not pissing and moaning. There is no law that gives a man the right to execute another one, or laws that allow a coup de grace shot. Give me a break. He was dead anyway, or at least was no longer a threat. It was a pointless and incredibly stupid thing to do.


Then you can't murder a dead man!

That's why I said it was stupid. All it could do was possibly get him in trouble and give the gun grabbers a great piece of propaganda.




Yeah right. Make sure he lives to kill again.


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Originally Posted by ltppowell
Originally Posted by bluefish
Originally Posted by WMR
Originally Posted by Joel/AK
In tx, even self defense shoots go in front of grand jury?

They use the broad definition of homicide doesn't matter if a legal killing or not?

I think homocide just means one person killing another. Legality is another matter entirely.

By definition homicide.is.the unlawful killing of one person by another thus, illegality is backed right in. The last shot will be the one that gets the guy in trouble, if at all. Typically, deployment and application of lethal force in defense of self or others ends as a legal shield when the threat ends. The State will argue to the grand jury that when the final shot was delivered the threat had already ended. He did light him up pretty good. The other side of it then would be a later defense where evidence may be introduced in the form of ME testimony demonstrating perp was either already dead or fatally wounded by time of last shot and would have died anyway. I hope he walks. As they say, FAFO.

No. "Homicide" means the death of an individual by another with culpability, including justifiable. This excludes accidental death.

And yes, the all go to Grand Jury in Texas. It is not a "trial". The Jury determines whether indictment should be issued, or not. Not some elected official.

Originally Posted by rockinbbar
Originally Posted by Mountain10mm
The only video I saw stopped right before he shot the bad guy. In that video it looked like the bad guy's back was mostly towards the good guy. While the good guy might have been justified when the bad guy walked in and started waving his toy around, I have hesitation that the jury will see this as self defense when the bad guy is on his way out the place and with his back towards the shooter.

All in, one less perp. on the streets. That's good and I hope the jury sees it that way.


The armed robbery was still very much in progress when he was shot.

How do you know he wouldn't go to the door, turn and shoot everyone?

If an armed person is threatening your life, then turns his back while doing so, and you don't shoot, you are an idiot.

Agree 100%. Many in that situation will never be so lucky as to have a dumb azzed perp turn his back for so long. Or to be able to get "the drop" on a perp. That was 100% solid shoot at that point.

Nothing about self defense requires a defense response to be "fair". It doesn't have to be a duel. You don't have to give them the chance to give up. You don't have to warn them. In this instance, the distance to the person is close contact. There is no time for commands, taking cover, etc., especially with other people in there who would be unable to do so. The perp is actively waving around what anyone in that place would perceive as a firearm and in the commission of an armed felony. Anyone in that situation should be so lucky as to have a perp such as this turn his back for as long as he did. It did not appear to me he was turning to leave, and I don't believe that could be reasonably argued.

Nothing says you can't shoot someone in the back who is actively engaging in a dangerous felony threatening death or great bodily harm to yourself or others.

What may get this defender in hot water are the finishing shots. The 4 shots after he was down could be argued the defender did not see him lose his gun, and he was still moving, trying to re-engage, and presenting a threat. That final shot to the head / upper torso after the defender picked up said gun is going to be extremely hard to defend. No matter if he was dead at that point or not, or had wounds which were not survivable, you can bet your next paycheck that at a minimum, the perps family's lawyers will be retaining an "expert" who will testify during the civil suit that had that last shot not been made, he could have survived. And had he survived, he was a good boy in the process of turning his life around, and had his hopes and dreams taken from him by a racist vigilante with a gun.

As a final note, how fuggin' stupid does someone have to be to walk into any place in a constitutional carry state, a place full of people (I counted 8), and commit that robbery. In places like TX, AZ, etc., with that many people in there, odds are good someone is carrying. Sure, in CA, IL, MA, etc., the odds of a "good guy with a gun" would be considerably lower. But in TX? Jeezus what a moron.


Guns are responsible for killing as much as Rosie O'Donnel's fork is responsible for her being FAT.
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