[LandRover]

Sorry if this is a repost...I was out of town when it all happened and didn't see anything on the search...

Here's a good article breaking down what happened:
http://www.cbsnews.com/stories/2007/11/17/national/main3517564.shtml?source=mostpop_story

What do you guys think will happen to the guy? I can tell you if he was in CA he woudn't have a prayer in court...the robbers have more rights then he does. But in Texas..I guess the law reads that you have the right to protect your property or the property of your neighbor . Seems pretty cut and dry.

He'll also get a pretty sympathetic Jury in Texas, I'd think. This will be interesting to see how it all unfolds.

Thoughts?

[Snuffster]

Unless his neighbor says he did not have permission to protect his property, he will not be charged. What did your Master's degree tell you?

[LandRover]

My master's degree, which you are obviously fascinated with, doesn't talk to me, it speaks through me.

Currently it is muttering under its breath that you are an idiot.

Please don't destroy this thread by being yourself.

[Rubi22]

15 feet when shots were fired?

Sounds to me that either they weren't running away from him, or he was waiting outside the house for them..

[97Xj_Sport]

You do have the right to protect a third party's property (neighbor) in Texas, and no charges were filed the last I heard, if he didn't stay on the phone with 911 there would be no discussion of him being in trouble. I don't anything should happen to him.

[90SaharaJeep]

This guy should be given a medal. If that scum were not committing a crime they would not have been killed.

If everyone were to do this, I bet the crime rate would go down. These human feces would think twice before robbing someone.

[rugger81]

The only parts that seem suspect are the fact that he shouts "Boom! You're dead!" prior to shooting and the shots are fired from within 15 feet, which is not very far at all.

That being said, it's unfortunate that these guys were killed, but I do not feel sorry for them whatsoever.

[unsung]

I doubt society is going to miss those dirtbags much.

[PM Thor]

You have to look at the level of response. Was there a reasonable suspicion of harm or danger towards the shooter? If so, then it is warranted. Or is it the act of the crime being committed does not warrant deadly force?

But in Texas, all bets are off.

[PhilipJ]

All thieves should be shot on sight. ****in' scumbags.

[grovesj2]

Originally Posted by Texas Penal Code

PENAL CODE
TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
SUBCHAPTER D. PROTECTION OF PROPERTY


GO TO TEXAS CODE ARCHIVE DIRECTORY

Tex. Penal Code 9.42 (2007)

§ 9.42. Deadly Force to Protect Property

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 [See below]; 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.

§ 9.41. Protection of One's Own Property

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

It seems that deadly force would only be authorized at night. I scanned the article and didn't see anything about what time this happened. It looks like he could reasonably argue the other requirements of the statute, but if it wasn't nighttime, he will probably be prosecuted.

[Snuffster]

The guy will never be prosecuted. If there is a DA there who wants to try to charge him, that DA will never be re-elected again. He would have to find a job in Cali or the northeast.

[BlueSport]

from what i understand in Texas you are allowed to shot someone dead if they are taking your property inside your house, and your house only. You can be charged for murder if that person is outside of your house. all this has to happen after 10pm though. thats what i learned from a teacher a year ago. but like Horn said to the dispatcher, the laws have changed i have a right to protect my property. and the dispatcher agreed, so i think that you can shot someone if they pose a threat. just my $.02

[JFamily]

Originally Posted by grovesj2

didn't see anything about what time this happened.

day time in this article: http://www.chron.com/disp/story.mpl/metropolitan/5309288.html

I hate dirtbags and have the Mossberg waiting for them if they ever break into my house, but it sounds like he got a little caught up in the moment....

[LandRover]

Originally Posted by Snuffster

The guy will never be prosecuted. If there is a DA there who wants to try to charge him, that DA will never be re-elected again. He would have to find a job in Cali or the northeast.

Very true..I have no experience with Texas, but you have to assume that your average citizen down there is celebrating this guy.