Thank God for Texas

POSTED BY: Wulfenstar
UPDATED: Monday, January 12, 2009 13:45
VIEWED: 2363
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WULFENSTAR

Wednesday, January 7, 2009 5:27 PM

...and its Castle Doctrine.

http://www.mysanantonio.com/news/Man_shoots_home_invaders_killing_1.ht
ml?d=s

RIGHTEOUS9

Wednesday, January 7, 2009 6:20 PM

Okay, so legitimate use of lethal force, as much as the whole thing saddens me.

Are you going to seriously suggest that somebody would be prosecuted for that in any other state than Texas though?

doubtful. the men were armed. It's pretty clear cut self-defense.

KWICKO

Wednesday, January 7, 2009 6:33 PM

Would they be charged in another state, or another city? Quite possibly. Texas' Castle Doctrine (and we're not unique by any stretch - last time I checked, I think it's 17 states that now have them) also states that not only do you have the right to defend yourself and your property, but the family of the "victim" (aka perp, aka criminal) can't come back and sue you for wrongful death, damages, or any of that crap.

Does this instance sadden me? Yup, a little. Not near as much as if the outcome had been turned around, and it were the homeowner killed and his wife in critical condition. And I'm sad because, even with the law on his side, and even if the investigation totally clears him, the homeowner is going to go through a world of shit because of this, and it may well bankrupt him before all is said and done. Not to mention the psychological toll it will take, even though he may KNOW he was in the right.

Mike

"It is complete now; the hands of time are neatly tied."

RIGHTEOUS9

Wednesday, January 7, 2009 6:57 PM

quite possibly on what grounds?

there would likely be an investigation, as there always is.

I'm not going to be resolute in my scepticism, but does anybody have a case in mind with nearly identical circumstances where the homeowner was prosecuted for manslaughter?

HERO

Wednesday, January 7, 2009 7:30 PM

Quote:
Originally posted by Righteous9:
Are you going to seriously suggest that somebody would be prosecuted for that in any other state than Texas though?

Not in most places.

I could see the type of gun used being an issue. Suppose he shot them with an illegally modified fully automatic assault rifle or a shotgun that was sawed too short. So while a murder charge is unlikely, a gun violation could happen (happened to a local cab driver who shot a man trying to rob him and got prosecuted for carrying a concealed weapon...not by me, I was in lawschool back then and I'd have given the guy a medal and slipped him twenty bucks to go buy more ammo).

Is the homeowner a convicted felon or someone with any sort of gun prohibition (like a Domestic Violence conviction)?

Were the intruders retreating? Were they shot in the back? Is race a factor? All these could lead to charges other then murder for which self-defense is not a defense.

Quote:

Police are investigating whether the attempted home invasion was a robbery or if the intruders had another motive.

Then again...was this a robbery? There are other possibilities...drug deal gone bad, etc. Complete information might turn self defense into felony murder.

I note for the record that if someone breaks into my house I'm shooting the son of a bitch...twice. Then I'm taking his wallet...

H

KWICKO

Wednesday, January 7, 2009 7:51 PM

Quote:
Originally posted by Hero:
Quote:
Originally posted by Righteous9:
Are you going to seriously suggest that somebody would be prosecuted for that in any other state than Texas though?

Not in most places.

I could see the type of gun used being an issue. Suppose he shot them with an illegally modified fully automatic assault rifle or a shotgun that was sawed too short. So while a murder charge is unlikely, a gun violation could happen (happened to a local cab driver who shot a man trying to rob him and got prosecuted for carrying a concealed weapon...not by me, I was in lawschool back then and I'd have given the guy a medal and slipped him twenty bucks to go buy more ammo).

Yeah, I think most places, the gun charge would be dramatically reduced if the shooting was otherwise "legit".

Quote:

Is the homeowner a convicted felon or someone with any sort of gun prohibition (like a Domestic Violence conviction)?

Were the intruders retreating? Were they shot in the back? Is race a factor? All these could lead to charges other then murder for which self-defense is not a defense.

Under the Texas statute, they don't necessarily have to be retreating, or even threatening your life. It's even worded so that you can use deadly force to protect your PROPERTY (not just your life - here, by law, you're allowed to protect your property with deadly force) against something as simple as vandalism. In other words, if someone is tagging your fence, you may be within your rights to blow them away. Seems just a li'l bit extreme to me, but that's Texas...

Quote:

Quote:

Police are investigating whether the attempted home invasion was a robbery or if the intruders had another motive.

Then again...was this a robbery? There are other possibilities...drug deal gone bad, etc. Complete information might turn self defense into felony murder.

Yup, might have been something else, which is why there will be an investigation. And the reason it will cost the homeowner a shit-tonne of money? Because if he's even a little bit smart, he's going to hire a lawyer to make damn sure that it gets looked at as a righteous kill instead of shovelled in a file as something else.

Quote:

I note for the record that if someone breaks into my house I'm shooting the son of a bitch...twice. Then I'm taking his wallet...

H

Well, at least then you can honestly say that robbery was the motive. You're just not saying who was robbing whom! :)

Mike

"It is complete now; the hands of time are neatly tied."

SIGNYM

Wednesday, January 7, 2009 7:56 PM

I noticed this in the article -

Quote:
The shootings happened two days after a West Side homeowner shot and injured a 15-year-old boy as the teen and his father attempted to break into a residence. The 33-year-old homeowner was not charged in Monday's shooting. {In that incident} A man and his son tried to break into a far West Side home on Monday, police said, but failed when the homeowner shot and injured the 15-year-old boy.

What is that?

Texas family values?

And here's ANOTHER thing Texas can be proud of!-

Texas no longer tops in teen pregnancy

Mississippi has taken it's place. Whoo hooo!!!

Yes, thank god for Texas! If it (and Bush) disappeared off the map we'd no longer have anything to laugh at!!

Justfunningisall.

---------------------------------
Let's party like its 1929.

KWICKO

Wednesday, January 7, 2009 8:04 PM

Quote:

Yes, thank god for Texas! If it (and Bush) disappeared off the map we'd no longer have anything to laugh at!!

There'll always be Florida. Well, until the sea levels rise, that is. :)

Mike

"It is complete now; the hands of time are neatly tied."

SIGNYM

Wednesday, January 7, 2009 8:20 PM

BWAHAHAHAHAHA!!!!!!

Thanks for taking it in the spirit in which it was intended!

BTW, one of my sibs lives in McKinney.

Her neighbors routinely call Bush "That monkey"

Was that ... YOU?

---------------------------------
Let's party like its 1929.

KWICKO

Wednesday, January 7, 2009 8:39 PM

Nope, not me. Calling Bush a monkey is an insult to monkeys. Monkeys can learn, AND they can be trained. :)

Mike

"It is complete now; the hands of time are neatly tied."

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