Fleeing driver shot dead in Avery Ranch (Dallas, Point: home, neighborhood)

[cBach]

Originally Posted by ScoPro

Actually, that is not quite true.

Texans are allowed to use deadly force to protect property, and shooting a person in the back doesn't guarantee anything eexcept a closer investigation.

You're right, he may still get off the hook, but what was said about lawyer's fees is correct. Financially he will be taking a big hit, regardless of what the final verdict is.

[CptnRn]

Originally Posted by whiterabbit2

Very likely so. The article says the police confirmed that the victim was shot outside of the home and also the neighbors heard 3 bangs.

According to the Castle Doctrine, the intruder should've threatened an entry to the residence and the owner should've believed it could've caused a serious body hard to the occupants. I looked at the slides, and the sidewalk is far from the houses, separated by a fence and a road, and no private fences. The only threatening scenario I see to shot the guy 3 times outside of the house, is him persistently trying to break in or climbing the wall to the second story. If he was just walking there, or tried to get in but gave up and ran away then it's a murder.

The homeowner yet has to prove there was an attempt of intrusion (such as window broken) and there was a threat of bodily harm (such as the intruder screaming "I will kill you"), and that the intruder wouldn't stop after the first shot.

I don't see any of the "should've"'s that you cite described in Texas law. 80(R) SB 378 - Enrolled version - Bill Text In fact Texas allows the use of deadly force to prevent the "imminent commission" of many crimes.

(A) to protect the actor [himself] against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

You are wrong about the sidewalk. If you look at the photos more closely you will see that there is a second road and sidewalk in front of the house, inside of the iron fence. The front yards of the houses are very small, the sidewalks are very close to the front doors.

[ImOnFiya]

All of this talk over whether a shooting is justified seems moot if the victim was running away from Mr. Yazdi. The victim was killed in cold blood. Sad and senseless.

[Zembonez]

Originally Posted by cBach

You first

HAHAHA!

I hope you saw the humor in that post. Sometimes this flat screen doesn't get it across.

[Jennibc]

Originally Posted by ImOnFiya

All of this talk over whether a shooting is justified seems moot if the victim was running away from Mr. Yazdi. The victim was killed in cold blood. Sad and senseless.

Yep.

[Zembonez]

The old "shooting him in the back will get you hung" is a fantasy of western folklore. Everything in a case like this has to do with the perceived intent of the intruder. Where the person is shot is not going to change anything.

In this case, it does appear that the shooter is in some serious hot water.

[OpenD]

Originally Posted by Zembonez

The old "shooting him in the back will get you hung" is a fantasy of western folklore.

No, not so. Perhaps the saying should be "can get you hung" to be more accurate, but the principle is the same. If someone is running away from your residence and you shoot them in the back, your actions pretty strongly argue against your "perception" of being in imminent danger of personal harm.

I've heard three different attorneys discuss this on television news today, and they all said the same thing. Castle Doctrine does not give you a pass... you still have to behave responsibly.

[/quote]

[tfresca]

I know this guy, the accused. Let's just say I'm not surprised he didn't choose a more diplomatic route but I hope this doesn't ruin his life. I also feel for the family of the victim.

[sxrckr]

Whole story is weird (and tragic).

[tfresca]

Originally Posted by sxrckr

Whole story is weird (and tragic).

But sadly not surprising. for those that have met or know the shooter. Check the comments on the story. It's full of people who knew the guy and were terrorized by him.